The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1888-01-12
The Constitutional Convention.

Some parts of the legislative record
relating to the joint resolution for
Constitutional Convention have not been
made public hitherto, aud are we'll worth
preserving.
After the defeat of the joint resolution
in the House of Representatives, there
was much surprise in that body to learn
that similar measure had passed the
Senate by more than a two. thirds vote.
This resolution was referred, in the ordi-
nary course, to the judiciary committee,
who, by vote of eight to two, adopted
an unfavorable report. 1t was thought
desirable, however, to give the reasons
for the action and Major S. P. Hamilton,
of Chester, was requested to prepare
statement on the subject. The statement
was prepared and was to have been SUBJ
mitted to the committee, for approval, on
the Thursday before the adjournment.
During the morning hoar of that day,
however, an Immediate report from the
judiciary committee was required, and
the resolution was reported unfavorably,
without any reasons being assigned:
Then the debate took place, which ended
in the defeat of the resolution.
The statement prepared by Mr.. Ham.
ilton is as follows:
The committee on the judiciary of this
House, to whom was referred Senate
joint resolution entitled a joint resolution
providing for the calling of Constitu'
lional Convention, respectfully report
that they have carefully considered the
same aud recommend that it do not pass,
and for the following reasons:
The Constitution of 1868, in the mines
of unthinking persons, and those who
have never examined its provisions, is
naturally associated with the distressing
circumstances surrounding its adoption
by an assemblage of individuals acting
under the edict of military commander,
lately emancipated from servile condi-
ton, and entirely ignorant OF the hrst
principles of constitutional law. The
objection to the present Constitution is
matter, therefore, of prejudice rather
than reason. The Convention of 1868
did not create this Constitution; it was
a compilation from the Constitutions of
the other States of this Union, and it was
adapted to our political condition by the
labors of the two or three men of abil-
ity who sat in that body. The Constitu.
ton is, in fact, most excellent one. Its
first Article, commonly known as the
Bill of Rights, contains in it every safe.
guard of life, liberty and property, and
Is the result of wise experience condensed
from centuries of free government.
Those Articles which treat of The
Executive and Legislative departments
of the State Government are absolutely
unexceptionable, and no objection has
been stated to Articles V, vi, VII, VIII,
XI, XII, XIII, XIV and XIV, which
cover the titles Jurisdictions" "Emi.
nent Domain" "Impeachments," "Right
of Suffrage, ,"A"Penal and Charitable In.
stitutions," "Corporations," militia"
Miscellaneous" and Amendments and
revision of the Constitution"
Criticism has been seriously directed
at only three Articles of this Constitution
Article Nv, on the Judiciary" TX,
on "Finance and Taxation" and K, on
Education :" but there is no settled
opinion as to what amendments would be
most judicious to those Articles.
The main complaint is that the county
governments are too cumbersome and
expensive, and yet at this very session
joint resolution was proposed in this
House to rectify that difficulty, but,
although having large majority, it did
not receive the constitutional two'thirds'
vote, showing that the change was not
desired.
Article XVI of the Constitution
provides that our public debt shall not
be increased unless such increase is
authorized by vote of two-thirds of the
people. Your committee are of the opin-
ion that it would be singularly unwise at
this time, when our public debt is falling
due and its replacement at low rate OF
interest is desirable, 10 unsettle this
question by even the dread of its repeal.
This was an amendment of the Constitu.
ton intended to fortify our credit in the
financial world, and adopted in order to
guard against measures which had pre-
yiously wrecked the finances of the State.
The possible repeal of the two,mill
educational tax gives cause also tor great
alarm to the friends of education.
Generally there are grave objections to
Constitutional Conventions; it is known
that they open up the organic law of the
State to every species of unwise and
dangerous innovation, and the results OF
the labors of such conventions of late
years, in other States of this Union, have
not tended to inspire confidence. In
almost every instance they have prolonged
their sessions at great length, not being
controlled by any law in this regard but
the will of the majority, and the people
of such States as have tried the expert
ment have been burthened with great
and unnecessary expense in the disburse-
ment of large sums of money for such q
purpose. The latest Constitutional
Convention OF Georgia sat six months;
its great cost to the people of
that State may be easily estimated, and
the opinion of the best minds there is
that it had been better if the work OF the
new Constitutional Convention had been
left undone.
Your committee are, therefore, of
opinion that it will be wiser in South
Carolina if we build up gradually on our
present Constitution, and perfect its pro.
visions by judicious constitutional amend
ments, as has already been done with
many of its provisions. A joint resolu-
ton similar TO the present one was in
troduced into this House, but far from
receiving a constitutional majority of
two-thirds, its supporters were found to
constitute only lean minority, casting
little over forty votes. We see no
reason to suppose that, because the SEN
ate has passed the present joint resolu-
ton, the vote of this House could be, at
this late hour, if at all, materially
changed on this question.
Refused New Trial.