The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-09-05

make lawful application for the benefit of sucl
business, calling or pursuit" These twt
amendments we're offered on Friday last, ant
they have been fighting over them ever sine,
until to-day. Yesterday Whittemore introduced
the following amendment as substitute for th'
amendment offered by Swails: ''It shall not b.
lawful for common carriers in the carriage o
passengers OF freight to discriminate between
l.-aons on account of race, color or previous
condition. This was lost-ayes u. nays IS. To
day, after very lengthy and heated discus
sion, the vote on Whttemores amendment wa!
reconsidered, and il was adopted as the 2i
section of the bill, and Corbin's amendment as
the Sd section, ard the bill passed to thirt
reading in the following form:
A BILL to protect all persons in the State in thei
civil riehts, and furnish the means of their vim
dication.
Whereas, by the first section of Article o.
tn Constitution, it is declared that all men are
born free and equal, endowed by their Creator
with certain iuullenable rights, among which
are the rights of enjoying and defending their
lives and liberties, OF acquiring, possessing
and protecting property, and Of seeking and
obtaining their safety and happiness.
And whereas, by the thirty section OF
Article I of the Constitution, it is further de-
clared that distinction on account Of race OF
color, in any case whatever. shall be prohibi-
ted, and all classes of citizens shall enjoy.
equally, all common, public, legal and political
privileges; therefore,
SECTION /. Be 1t enacted, &C., That all per-
sons born In the United States, and being in
this State, not subject to auy foreign power,
excluding Indians not taxed, are hereby declar-
ed to be cltizens Of the State Of South Carolina,
and such citizens, of every race and co.or, with
out regard to any previous condition If slavery
or involuntary servitude, except as punish
ment for crime VII :rsof the party shall have
Leen duly convicted shall have the same right
to make and enforce contracts, to sue, be par
ties and give evidence, to inherit, purchase,
lease. sell, hold and convey real and personal
property. and to full enjoyment and equal bene-
fit of ali laws and proceedings for the security
of persons ard prope. ty as is enjoyed by white
citizens and shall be subject to like punish
ment. pains and penalties, and to none other,
any law, statute, ordinance, regulation or GUS
Sec. g. That it shall not be lawful for COM
mon carriers. IN the carriage OF passengers or
freight, to d.. .riminate between persons on
account Of rae, color or previous condition.
SEC. 8. That it shall not be lawful in grant
ing licenses to my party or parties to engage
in any business, calling or pursuit for the car
rying on OF which public license or charter ls
required by any law or ordinance, to dlscrimi-
nate between pers ms on account OF race, color
or previous condition, who shall make lawful
appfcetion for the benefit OF such business,
calling Or pursuit.
SEC. 4. That any person who shall deny to
any citizen any right secured or protected by
this act, or any court that shall subject any
citizen to different punishment, pains or penal
ties on account Of race, color or previous con-
ditlon than is prescribed for white persons,
shall be deemed guilty OF q mlsdemeanor. and
on conviction thereof before proper tribunal,
il judicial officer, be removed from Office
and forever disqualified from holding any Of
fee OF trust or profit under this State, aad
liable to the party injured in suit for dam
ages; and il any other person or corporation,
shall be liable to punishment by fine not ex-
ceedlng $1,000, within the discretion OF the
court.
SEC. S. All acts or parts OF acts, and all or
dinances or parts of ordinances Of any city.
town or village Of this State, inconsistent with
this act or supplied by it, are hereby repealed.
The reading of the bill the third time in the
Senate is mere matter of colrse, and it will
then go to the HJuse. Its modified form will
not be acceptable to that progressive body.
The difference Of the views OF Senate and
House is too great to be obviated by commit
tee OF conference, and an early adjournment
being now probable, the bill may be regarded
as dead to all intents and purposes for the pre-
sent session at least.
The speech of Cain, colored senator from
Charleston, or as he is more faniliarly known
in the city which he represents, Daddy Cain,
was q remarkable speech. 1t displayed an
amount of ability, knowledge, foresight, mode
ration and sound sense, of which no white
man need have felt ashamed. In the Senate OF
South Carolina of the olden time, where elo-
would not have been regarded as great effort,
but even there many worse speeches we're
made; and 10 this ''omnium gatherum" Of ig-
norance and dishonesty, it WAS refreshing TO
hear man talk as il he understood his sub
iect-as il lie had purposes and motives above
the petty issues of the hour.
In opening his speech he said that he want
ed it distinctly understood, once for all. that he
was opposed to social equality. he did not in
tend ever to enter any other mans parlor with
out an invitation, aad he would not allow any
man to enter his parlor unless be was invited.
He said that prcjuhces could not be legislate1,
away. He had his prejulices, and they could
not bo legislated out of his Bosom. The bill
was untimely, unwise and injudicious. This
was time o. wonderful political excitement
and revolution. In five years five million of
people had risen up from condition OF slavery
and degradation. Five years ago they had
been as cattle, bartered and sold. To-day, by
the acts Of the generals of the armies; by the
acts of the Legislatures; by the proclamations
of the President; by the acts OF Congress, they
we're lifted upon the plain of citizenship, with
equal civil and political rights with every otheA
American citizen. 10 pass this bill would
simply be to re-declare what Congress had al
ready promulgated as law. If the law was
passed, still the only redress in republican
can government would be by application to-
the courts, for any other redress would be a
violation Of law, and the courts themselves
would evalo any impracticable law OF social
equality. Anatlon could not be forced. Histo-
ry proved that where there was deep-rooted
prejudice in the mind of a people, it was not
to be overcome by legislation, but by gradually
training and educating tno m,at:' i neral
nature to that high standard which knew no