The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-02-11
PROCEEDINGS oFTHE CONVENTION.
rwENry-spoNp DAY.

called tOr, j. III. huLlant, IIOm Ine COInuulIttc
on The Legislature, reported that resolution
of dollars, to be endorsd by Congress, for the
purchase of land when breed into market, was
! impracticable, and recommended that the
resolution be laid on he table, which was
agreed to.
". E. Rose, from the Committee on Peti-
tions, made q report OF the resolution to ap-
point O committee to rtport to the convention
| the names Of such persIns as desire to have
| their disabilities removed, and recommend
| that, in lieu of q committee, parties wishing
such privilege accorded should apply to the
convention by letter.
B. F. Randolph made report from the Com
mittee on Miscellaneous Matters on the reso-
luton declaring it to be penal offence to uso
| the words "nigger, negro and Yankee" and
recommended that the resolution be laid upon
the table. Adopted.
| The same committee made report on
resolution providing for the organization Of
| the militia, and recommend that the following
be adopted as an article in the constitution.
''The militia Of the State Of South Carolina
shall consist Of all able bodied men, residents
Of the Stale, between the ages Of eighteen and
are or may hereafter be exempt by the laws OF
the United States or by the State; and shall be
organized, equipped and disciplined as the
General Assembly may by law provide"
The repor. was adopted, and the article con-
sidered as having been read the first Lime.
THE BILL OF B1aHTs.
On motion Of Mr.. Holmes. of Beaufort, Sec
ton 20 was reconsidered, whereupon N. Il.
Parker offered the following as substitute:
SAN offences loss than felony, in which the
punishment does not exceed fine OF one hum
dred dollars or Imprisonment for thirty-tlays,
shall be tried summarly before justice OF the
peace or other officer authorized by law, en- in
information, under oath, without Indictment OF
the intervention OF grand jury, saving to tho
defendant the right OF appeal; and no person
shall be held to answer for any higher crime,
unless on presentment before grand jury, ex-
cept in cases arising in tue army or navy, or
in the militia, when in service in time of war or
public danger.
Considerable discussion ensued, but the sub
stituto was finally adopted and passed to its
third reading,
Section 81 received its second reading. tits
as follows: .o;n,,,r;.o,er l,r
gS sEo e2agapS 81 NJ IN Of
amount of property, as homestead, shall be
exempted from seizure or sale for the payment
OF any debts or liabilities, except tor taxes, that
may be contracted after the adoption OF this
constitution.
bate followed.
B. F. Randolph said that he preferred to see
all after the word liabilities stricken out. The
homestead should be exempt from sale even
for default in the payment Of taxes:
B. +. Whittemore argued that If the people
could not afford to pay their ta1esaif they
we're too lazy to work for the benefit OF the
State to this small extent they did not deserve
O homestead.
MIR. Whittemore offered the following amend
ment to strike out all after the word 'sale,"
and insert 'except for the payment of such
obligations as are provided for IN this consti-
tuition"
Attempts were made, but without success, to
postpone the further consideration OF the sec
ton. until section 35 Of the legislative part OF
the constitution, which refers to the same Sub
ject, should be taken up.
The previous question was then ordered on
motion of Lee, of Berkeley, and, under the
rule, B. r. Whittemore, as chairman OF the
committee, closed the discussion.
He said he desired it to be distinctly under
stood that he was radically opposed 10 impair
| ing the obligations Of contracts, or to any re-
Irrespective legislation looking to that end. And
| from the range which the debate had taken, he
| telt it to be his duty to oppose the amendment
| he had himself offered, and to urge that II be
defeated. He had reason to believe that there
was dispositionin in the convention to ieglsiate
retrospectively-to pass homestead law tnat
! should embrace protection from debts con-
/
throw the whole weight of his influence
against what he deemed an unjust measure. II
| the section was adopted as it originally stood,
| all would be well. It would be In accordance
with the Constitution Of the United states;
| but, il material change should be made, ana IN
should be retrospective, grave anu unhappy
results would ensue. T.,
The question was then taken on agreeing to
the amendment offered by Mr.. Whittemore,
and il was decided in the affirmative. The
section as amended was then passed TO it's third
reading.
Section % was passed to its third reading
without amendment. II Is as rolloWs
SEC. %. No bill of attainder, er posttdcto law,
nor any law impairIng the obligation OF con-
tracts. shall over be enacted; and no conviction
shall work corruption of blood or forfeiture OF
estate. D.,
lows:
SEC. %. Treason against the State shall con-
sist in levying war against the same, or IN nd,
herring to it's enemies, giving them aid and
comfort No person shall be convicted OF trea-
son unless on the testimony OF two witnesses
| to the same overt act, or on confession in open
court.
u. W. M. Mackey read an argument strongly
contendine that there could be no treason
against State, and that If the section should
| be lncOrpOratoQ III ClO "ottio OC
equivalent to admitting that political heresy,
the doctrine of State rights :,
1t was as impossible TO commit treason
against State rs it would Do to commit trea-
son against q city or county. 1t could only be
! committed against the sovereign. In other
| word the allegiance Of the citizen is due to
the Federal Government alone, and not to South
Carolina. How then was it possible to commit
treason against State to which no allegiance
in due2 Mr.. Mackey concluded by moving to
strike out the entire section.
A very long and rambling debate ensued OF
the subject, in which strange and startling
views were presented from ali sides of the
house. The dictionary was invoked to define
"treason, rebellion and insurrection," and Johf
Browns Virginia raid, DORIS Rhode Island
Rebellion and Shay's Whiskey Fight, all came
in to illustrate points pro and con.
N.G Parker vainly sought to compromise
The difficulty by offering to insert the words
"United States" as substitute for ''State.'
The question was put to vote and Mr.
Mackey's motion disagreed to.
It was evident, however, that the matter wa
bv no means determined to tho satisfaction
the convention, and on motion of B. o. Dun
can, it was reconsidered. Then followe
speech on speech. The Beaufort delegatio
piled Pelion on Ossa. Langley said Wrigh
was wrong. Wright struck out from th
shoulder. Whipper gave them both Jesse