The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-02-20
PROCEEDINGS OF THE CONVENTION.
THIRTlETH DAY,

PROCEEDINGS OF THE CONVENTION.
THIRTlETH DAY.
Tho convention assembled at half-past ten
o'clock. Prayer by Rev. b. T. Whittcmore.
Il. J. Moses, Jr., from the Committee on the
Executive, reported certain amendments to the
constitution referring to the Governor and
Lieutenant-Governor.
W e. Rose, from the Committee on Petit
tions, reported the action of that committee on
the subject of the memorial from Georgia re-
commending an application to Congress for
q loan of thirty million dollars. The commit
tee recommend that the memorial be laid On
the table. Agreed to.
B. F. Randolph, from the Committee OIL
Miscellaneous Affairs, introduced the following
ordinance, which was prepared and submitted
by Joseph Crews (white), Of Laurens.
BE At ordained, de-, That it shall be the duty
of the Legislature, at its first session hereafter
to appoint commissioners t. investigate and
ascel tain what obligations OF the State are en-
titled TO be held as valid and binding upon the
State in conformity to the provisions OF this
constitution, and the ordinances adopted by
this convention, and to report thereon to the
legislature; and until the legislature shall have
ascertained the validity OF such obligations,
no payment of either principal or interest shall
be made on any outstal lding obligation created
and incurred prior to April 20, 1865.
The ordinance received its first reading, was
ordered to be printed, and was made the spe-
cial order for Wednesday next at IL al:
The convention resumed the consideration
of the unfinished business, which was section
35, providing homestead, &c.
MIR. B. f. Whittemore addressed the body at
length. Ho contended first that in its present
shape the section was retrospective In its char
acter. and that, being retrospective and an "a
post tdctO law, it was unconstitutional. Second
iy. that creditors were entitled to as much pro.
lection from the convention as debtors, and
that no one had either q moral or legal right
to step between the debtor and creditor and
divorce them from their just claims and liabili-
ties.
For one, he felt as keenly as any member
upon the floor for the distressed and unfortu-
nate; he sympathized with the debtor in his
straightened circumstances, and desired to
afford every possible Dleans OF relief consist
| ent with law; cut the creditor, as member
of the community, likewise had claims which
demanded consideration and regard. Person.
ally he had been instrumental IN aiding many
of the planters and factors OF the State. The
CAPITAL which he invited hither had been fur
nlshed with the confident hope that it would
be repaid, and he CT uld furnish letters from
the best citizens of the State to show that not
withstandlng their temporary misfortune, they
did not desire the convention to obliterate the
honest claims against them. The honor OF the
old Commonwealth, Notwithstanding her re-
verses, was not dead yet; and, while lie had
tho power or influence to resist that which
tended to throw a blight upon that honor, he
would employ it upon all proper occasions.
Too much feeling had been brought into the
consideration OF this subject; too many ap-
peals had been made to feelings and to prelu-
dices. 1t was question only for the exercise
of reason, Judgment and justice. Measured
Il, tha optiv nr0n09ad
clearly unconstitutional, illegal, and unjust.
W. G. Whipper spoke strongly in favor OF
the section as it stood, opposing all change.
They were there to legislate for the people; q
large proportion OF that people were IN
distress they demanded relief; and the
best relief that could be afforded was
tlat which secured to them home
gave to them fresh start in lifs, and prevent
ed the homes of the State from passing into
the hands of cormorants and spectators.
W.. McKinlay, of Orangeburg, spoke in op-
position to the section on the ground of it's re.
prospective character, but said hc was in favor
of it's general spirit as measure of relief
Until changed, he could not vote for that which
ignored the obligations of large class of the
community, and at one stroke wiped out SC
much of the honestly incurred Indebtedness
of the country at the expense Of the Gre.
ditor. ;,
r. B. Elliott (colored), of Barnwell, offered
an amendment, so that the 10th line OF the
section would read, SIT shall be the duty of the
first legislature that assemblies after the ratifi.
cation Of this constitution, at its first session
to pass such laws as may be necessary to carry
this provision into effect.
B. F. Randolph took tbs floor in defence o.
the section without amendment, and spoke
long and we'll.
He was followed by Simeon Corley, of Lex
ington, who has only to pour page or two O
Webster's Unabridged into sausage machine