The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-04-06
[EIGHTEEN CENTS A WEEK


their constitutions and laws. 1t Is this, that
taxation without representation Is tyranny:
[Applause.1 Now, not only Is large CLASS OF
property-holders in South Carolina dlsquah-
fed to vote or hold Office, but those who may
vote or hold Office are not required to nave any
property qualification or to know letter OF
the alphabet, as many OF them Will not Know
ton Of class was never designed by any
country on the face of the earth.
Now what must be the consequences. Proper
ty under forms OF law, in the gulse OF taxatlou,
will be transferred from the hands of those VINO
now possess it to others. 1t is inevitable. Inc
holders of taxable property in South Carolina
cannot to-day, and will not hereafter, be able TO-
pay the taxes imposed upon them. >
Many Of you are able to form some reasonar
BILE conf jecture as to the number Of paupers who
will assert their claims upon the charity and'
sympathy Of the State. You have already mad,
some experience with reference to one race,
and I am persuaded you Will not have the
slightest difficulty in making your calculations.
Not even negro father. son or husband ls re-
quired to contribute dollar towards the sup
port of the paupers Of his race.
Here desire most distinctly and emphatl-
cally to address some views to the colored
race in the State. Your proceedings in this
convention should assure them that you re-
spect their rights, that they have your sympa-
thies, and that you have pledged yourselves TO
bestow upon them the right Of suffrage, and
thus Of participating in the government. II
there be any colored man who intends to be IN
dustrious, frugal and moral-to elevate him.
self and family-to that man desire to say one
word: Let him acquire real estate and learn to
read and write, so that he may be placed In the
category Of the white man who Owls taxable
property, and if I am not totally mistaken IN
the opinion I have derived from careful and
- ar
he will be unable to retain his property three
years. 1t will be taken from him by those OF
his own, race who are idle, thriftless, and do
not mean to work. Hence it is that call upon
all respectable colored men, who entertain
hopes of future prosperity, to denounce that
constitution and Join his natural, ancient and
true friends in opposing its ratification. =,
It is said that the homestead clause WI! IN
duce many Of both races to vote in favor OF the
constitution. Upon this subject let me make
q few observations. In the first place, the
homestead is not exempted from the burdens
Of taxation, and may be sold for taxes. In the
next place, confidently declare, as o lawyer IN
the presence of lawyers, that there is not
court in the United States, and no court can be
organized under this constitution, even OF
Judges imported from New England, Ohio, or
Africa which would dare to hol6 that that
homestead is exempt from antecedent debts.
That convention well knew it, and those VINO
say otherwise, in my judgment, most lnSldu-
ously intend to mislead and deceive the people.
It is too clear for argument that that nome
stead provision can protect no white or Dlack
ian from the debts which he owed at the time
the constitution was framed, OF when 1t shall
be ratified, and those who rely upon it will find
that it Is snare and deluslon.
come now to speak for q moment only upon
another provision Of that constitution, which
annuls all debts of which slaves were the con-
sideration. do not know that you possess
the information, but feel auth 1rized to say
that do know that the Chief Justice OF the
United States being consulted in reference to
these debts expressed the opinion, although
unoffcially, that they were as binding as any
other debts, and that the Supreme Court OF
the United States would be obliged to hold.
The United States District Judge OF South
Carolina aJ the last term OF his court held
that these debts were valid and obligatory, and
say, as lawyer, without fear that one OF
my distinguished professional brethren Will
dissent from the opinion, that these debts are
as valid as any other contracted prior to the
war, and that those who are thus indebted, al-
though the property has been swept away, Will
eventually be compelled to pay for the same.
What is there peculiar to these debts which
should make then null and void? II is not
that the property for which they were con. r
ground, the principle would apply to other
specles of property lost. The .cue e1plana-
ton is to be found in the sentiment OF the con-
yentlon.
To enforce these debts was in their opinion
to recognize the legality Of slavery: Now not
only the Supreme Court, but every department.
Of the Government OF the United States, has
recognized property in slaves. This fact ap-
pears to have been ignored by the convention,
for they distinctly asserted the right to repud,-
ate debts of every description. Yet II their OBJ
iect was to relieve the country, why should
they confne themselves to the reputation OF a
special class Of debts? There is no reason, ex-
cept that it was done in the mere capricious-
ness OF power. -.
There is another provision Of the constitution
to which desire to advert. In the organlza-
ton of the judicial power Of the State, the con-
yention has created Courts Of General Sessions,
Courts of Common Pleas, and Court OF Ap-
pellate Jurisdiction.
II is provided further, that Judge Of learn
ing and experience shall express no opinion to
jury upon the facts OF the case, and as lunder,
stand that constitution, there can be no appeal
10 this Court of Appellate Jurisdiction, thus
introducing into the very courts an element OF
popular despotism, wh4ch they have introduc-
ed into the ballot Dox and all elections. Again,
justices Of the peace are to have Jurisdiction OF
all sums not exceeding one hundred dollars,
and OF all crimes below the grade OF felony, and
that jurisdiction is to be exercised without
Jury. These justices Of the peace are to be
elected by the people, and thus will possess
tremendous and startlin power over the per-
sonal liberty and property OF every citizen,
white or black.
In INV Judgment, constitution with such
enormlties in it will prove fatal to both races,
and more fatal to the black than to the whites.
Th, colored maINwho has acquired property
has really more interest in preventing that
constitution from becoming the fundamental
law of the State than you have, and trust he
will not allow himself to be deluded By those
who would make him believe that it is his IN
terest to oppose the people who have reared
| and nurLured him through life. So cumbrous
| and complicated is the machinery OF that con-
stitution, consisting, as it does, OF the most
minute details, and SO burdensome will be the
| government which it inau Surates, that you Will
be crushed by it. You cannot bear IT,. As well
| might the heavy harness Of the mailec warrior
be put upon the limbs of an infant as for these
burdens to be imposed upon the impoverished
people Of South Carolina. None but O. people
rich and highly educated can live under thst
| constitution. Try 1t if YOU will, but tell
YOU, gentlemen, that antagonism will be exclt-
| ed between the TWO races, and condlct may oe
the result. Under it peace and harmony are
utterly impossible i'll South Caroiina.
| have seen in some Of the addresses Whlcn
the various emissaries now traverslns tae
| State have made to unite the colored people,
| threats of violence aud blood. am man OF
peace. [ counsel no resistance by arms L
counsel no resistance except by moral agen-
cies: but I do call upon every white man IN
South Carolina, and upon every colored man
who has any hopes il. the future, to defeat that
constitution by all the means which our oppres-
sors permit us to use! (Apphuse.)
You, gentlemen, owe it to your sons-to those
al IN