The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-04-04

Laurens. Spartanburg. Union, York,
Chester and Fairfield d-Samuel Nc
ALLEY. =
Col. Thomas stated that, as it has
been asserted by eminent legal gen.
tlenan that many portions Of the
Charleston Constitution were illegal,
he moved that the Hon. A. Burt,
Chairman of this Convention, be
requested to give his legal opinion on
this subject; which was unanimously
agreed to, and the Hon. James Ches-
nut was requested to take the Chair.
Mr.. Burt said in substance, that it
was s'his earnest conviction that the
Constitution recently adopted is fatal
to the welfare OF both races. 1t is
an imposition. He agreed heartily
with the sentiments expressed here,
and addressed himself to the white
man and the black man. I protest,
said the speaker, against that Consti-
tuition, because it seeks to destroy
our past, our history-every land
mark. No people on this continent
can endure the burden of taxation
that that Convention imposes All
taxation by that instrument sim
posed upon real estate and the sale of
merchandise. The taxable property
is held by the one race, and the law
making power by the other. Not
only the arduous appropriations arc
paid by the whites, but all others,
with the exception of small tax for
educational purposes. Without any
qualification whatever, one class is
allowed to vote, while the other is
disfranchised. Taxation without
representation is tyranny. Those
who do not hold the property, vote
and make laws; while the property
owners are not allowed to vote for
even constable. Those who hold
Office are melted to increase taxation.
These voters are not required to
know letter of the alphabet. The
holders of taxable property in South
Carolina will not be able to pay the
taxes on that property. If colored
man acquires real estate-the object
which he desires-he is placed in
stantly in the character of the white
man. But by this Constitution, the
colored man will not be able to hold
that property three years-it will be
taken from him to pay the taxes. To
those who favor that instrument, 1
would say that the homestead ex-
emption does not relieve the proper
ty from taxes. No judge-even
though he be from New York, Ohio
or Africa-can decide that the home
stead bill exempts from former debts;
it is only exempted from future
debts. I think it legitimate to inn
pute to the Convention the desire to
mislead honest people relative to this
homestead matter. What the
people desire is exemption from debts
contracted on the basis of property
which has since been swept away.
The Constitution of the United States
declares that no State shall pass any
law impairing the obligation of con-
tracts. That vaunted homestead law
can protect no man from the payments
of any debts contracted prior to it's
passage, and that is the relief which
is needed. The speaker then referred
to that provision of the Constitution
which annuls all debts for which
slaves were the consideration. The
Chief Justice Of the United States
has expressed the opinion that they
are as binding as other debts, and the
Supreme Court will so decide. He
also asserted that there are fatal mis-
takes in the judicial article of the
Constitution, which would work to
the injury of both blacks and whites
So cumbersome and conflicting are
the details Of that Constitution, that
we will be crushed by it. The impo-
verishod people cannot bear up under
it. Every antagonism between the
two races is melted by it. L call upon
every white man and every colored
man to unite, resist and defeat that
Constitution, by every means our op-
pressors permit us to use. 1t is 4
duty we owe to the living and to the