summaryrefslogtreecommitdiff
diff options
context:
space:
mode:
-rw-r--r--.gitattributes4
-rw-r--r--LICENSE.txt11
-rw-r--r--README.md2
-rw-r--r--old/63610-0.txt1378
-rw-r--r--old/63610-0.zipbin26676 -> 0 bytes
-rw-r--r--old/63610-h.zipbin54677 -> 0 bytes
-rw-r--r--old/63610-h/63610-h.htm1653
-rw-r--r--old/63610-h/images/cover.jpgbin29370 -> 0 bytes
8 files changed, 17 insertions, 3031 deletions
diff --git a/.gitattributes b/.gitattributes
new file mode 100644
index 0000000..d7b82bc
--- /dev/null
+++ b/.gitattributes
@@ -0,0 +1,4 @@
+*.txt text eol=lf
+*.htm text eol=lf
+*.html text eol=lf
+*.md text eol=lf
diff --git a/LICENSE.txt b/LICENSE.txt
new file mode 100644
index 0000000..6312041
--- /dev/null
+++ b/LICENSE.txt
@@ -0,0 +1,11 @@
+This eBook, including all associated images, markup, improvements,
+metadata, and any other content or labor, has been confirmed to be
+in the PUBLIC DOMAIN IN THE UNITED STATES.
+
+Procedures for determining public domain status are described in
+the "Copyright How-To" at https://www.gutenberg.org.
+
+No investigation has been made concerning possible copyrights in
+jurisdictions other than the United States. Anyone seeking to utilize
+this eBook outside of the United States should confirm copyright
+status under the laws that apply to them.
diff --git a/README.md b/README.md
new file mode 100644
index 0000000..bfd40eb
--- /dev/null
+++ b/README.md
@@ -0,0 +1,2 @@
+Project Gutenberg (https://www.gutenberg.org) public repository for
+eBook #63610 (https://www.gutenberg.org/ebooks/63610)
diff --git a/old/63610-0.txt b/old/63610-0.txt
deleted file mode 100644
index 100d50d..0000000
--- a/old/63610-0.txt
+++ /dev/null
@@ -1,1378 +0,0 @@
-The Project Gutenberg EBook of Speeches at the Constitutional Convention, by
-Robert Smalls
-
-This eBook is for the use of anyone anywhere in the United States and most
-other parts of the world at no cost and with almost no restrictions
-whatsoever. You may copy it, give it away or re-use it under the terms of
-the Project Gutenberg License included with this eBook or online at
-www.gutenberg.org. If you are not located in the United States, you'll have
-to check the laws of the country where you are located before using this ebook.
-
-Title: Speeches at the Constitutional Convention
- With the Right of Suffrage Passed by the Constitutional Convention
-
-Author: Robert Smalls
-
-Release Date: November 3, 2020 [EBook #63610]
-
-Language: English
-
-Character set encoding: UTF-8
-
-*** START OF THIS PROJECT GUTENBERG EBOOK SPEECHES--CONSTITUTIONAL CONFERENCE ***
-
-
-
-
-Produced by Charlene Taylor, Craig Kirkwood, and the Online
-Distributed Proofreading Team at https://www.pgdp.net (This
-file was produced from images generously made available
-by The Internet Archive/American Libraries.)
-
-
-
-
-
-
-Transcriber’s Notes:
-
-Text enclosed by underscores is in italics (_italics_).
-
-Additional Transcriber’s Notes are at the end.
-
- * * * * *
-
-
-
-
-SPEECHES AT THE Constitutional Convention,
-
-
- BY
- GEN. ROBT. SMALLS.
-
- WITH THE
- RIGHT OF SUFFRAGE
- PASSED BY THE
- CONSTITUTIONAL CONVENTION.
-
- COMPILED BY MISS SARAH V. SMALLS.
-
- ENQUIRER PRINT, 425 KING STREET.
- CHARLESTON, S. C.
- 1896
-
-
-
-
-INTRODUCTION.
-
-
-Months previous to the time that the recent Constitutional Convention
-met, Conservatives and Reformers, announced publicly their intention to
-disfranchise the Negro in South Carolina.
-
-For this pamphlet such portions of the new Constitution have been
-selected as affect the colored people, together with the speeches made
-thereon by my father Robert Smalls; several editorials from leading
-newspapers; also a few of many letters received by him from all parts
-of the country congratulating him for the manly spirit displayed by him
-and the other colored delegates, whenever the rights of their race were
-in jeopardy.
-
-Indeed, it may have been an object lesson, planned by the All-wise God,
-to teach the haughty, boastful sons of Carolina that there are Negroes
-capable and amply qualified in every respect to protect themselves
-whenever it becomes necessary to do so; that those few representatives
-of the race were but a _very small_ part of the rising host that time
-and education are bringing forward day by day in spite of lynching,
-caste prejudice or any methods used against them.
-
-No stenographers were employed by the Convention, the speeches were not
-written, and are therefore not given in full, but just as they were
-published in the papers of the State.
-
- SARAH V. SMALLS.
-
-
-
-
-PLAN OF SUFFRAGE.
-
-
-The following plan of suffrage was introduced by Hon. Robert Smalls
-and referred to the suffrage committee, which reported it unfavorably,
-notwithstanding that he went before the committee and made a strong
-speech in advocacy of the said plan, and said report was adopted by the
-Convention:
-
-SECTION 1. In all elections by the people the electors shall vote by
-ballot.
-
-SEC. 2. Every male citizen of the United States of the age of
-twenty-one years and upwards, not laboring under the disabilities named
-in this Constitution, without distinction of race, color or former
-condition, who shall be a resident of this State at the time of the
-adoption of this Constitution, or who shall thereafter reside in this
-State one year, and in the county in which he offers to vote sixty days
-next preceding any election, shall be entitled to vote for all officers
-that are now or hereafter may be elected by the people, and upon all
-questions submitted to the electors at any elections; provided, That no
-person shall be allowed to vote or hold office who is now, or hereafter
-may be, disqualified therefor by the Constitution of the United States,
-until such disqualification shall be removed by the Congress of the
-United States; provided, further, That no person while kept in any alms
-house or asylum, or any of unsound mind, or confined in any public
-prison, shall be allowed to vote or hold office.
-
-SEC. 3. It shall be the duty of the General Assembly to provide from
-time to time for the registration of all electors.
-
-SEC. 4. For the purpose of voting, no person shall be deemed to have
-lost his residence by reason of absence while employed in the service
-of the United States, nor while engaged upon the waters of this State,
-or the United States, or the high seas, nor while temporarily absent
-from the State, or removing from one house to another or from one place
-to another in the same precinct.
-
-SEC. 5. No soldier, seaman or marine in the army or navy of the United
-States shall be deemed a resident of this State in consequence of
-having been stationed therein.
-
-SEC. 6. Electors shall in all cases, except treason, felony, or breach
-of the peace, be privileged from arrest and civil process during
-attendance at elections and in going to and returning from the same.
-
-SEC. 7. Every person entitled to vote at any election shall be eligible
-to any office, which now is, or hereafter shall be elective by the
-people in the county where he shall have resided sixty days previous to
-such election, except as otherwise provided in this Constitution or the
-Constitution and laws of the United States.
-
-SEC. 8. The General Assembly shall never pass any law that will deprive
-any of the citizens of this State of the right of suffrage, except for
-treason, murder, robbery, or duelling, whereof the persons shall have
-been duly tried and convicted.
-
-SEC. 9. Presidential electors shall be elected by the people.
-
-SEC. 10. In all elections, State and Federal, there shall be but one
-ballot box, and one ticket for each party or faction thereof, with the
-names of all the candidates thereon. There shall be three commissioners
-of election for each county and three managers for each polling
-precinct, not more than two of whom shall be of the same political
-party.
-
-SEC. 11. In all elections held by the people under this Constitution
-the person or persons who shall receive the highest number of votes
-shall be declared elected.
-
-
-
-
-ON THE SUFFRAGE.
-
-
-MR. PRESIDENT: I have been asked whether I would speak on this
-important matter. I replied that it all depended on circumstances
-whether or not I would. The circumstances are such that I have made up
-my mind to make a short speech on the general bill, and content myself
-with the vote I will cast on the amendments and sections as they are
-brought up; inasmuch as I have been perfectly pleased with the speeches
-made last night, and the one just concluded by the representatives from
-my county, as I feel that they echo the sentiments not only of the
-county they represent, but the entire race in the State, and every one
-I could claim to represent. I endorse their utterances in the language
-of Mr. Cash when he said he endorsed “every syllable” and accepted it
-as his own in this letter. I want to hear some of the speeches on the
-other side, because I do not like this matter that is called Indian
-file, as it seems now we are to form a Negro file in this Convention.
-I will only say that this Convention has violated the principle laid
-down in the Constitution under which we are now living, it giving the
-right for any two members to call for an “aye” and “nay” vote, but the
-skillful chairman of the committee on rules, from Edgefield, I mean
-ex-governor No. 1, (laughter) has made a rule which requires 10, four
-above the number we have, to call for the “aye” and “nay” vote, hence
-we cannot put the members on record without the assistance of some of
-the white members of the Convention. They formed a “dark corner” over
-there by themselves.
-
-I was born and raised in South Carolina and to-day I live on the very
-spot on which I was born, and I expect to remain here as long as the
-great God allows me to live, and I will ask no one else to let me
-remain. I love this State as much as any member of this Convention,
-because it is the garden spot of the South.
-
-Mr. President, this Convention has been called for no other purpose
-than the disfranchisement of the Negro. Be careful and bear in mind
-that the elections which are to take place early next month in very
-many of the States are watching the action of this Convention,
-especially on the suffrage question. Remember that the Negro was not
-brought here of his own accord. I found by reference to a history in
-the Congressional Library in Washington, written by Neil, that he
-says that in 1619, in the month of June a Dutch man-of-war landed
-at Jamestown, Va., with 15 sons of Africa aboard, at the time Miles
-Kendall was deputy Governor of Virginia. He refused to allow the vessel
-to be anchored in any of her harbors. But he found out after his order
-had been sent out that the vessel was without provisions, and the crew
-was in a starving condition. He countermanded his order, and supplied
-the vessel with the needed provisions in exchange for 14 Negroes. It
-was then that the seed of slavery was planted in the land. So you see
-we did not come here of our own accord; we were brought here in a Dutch
-vessel, and we have been here ever since. The Dutch are here and are
-controlling the business of Charleston to-day. They are not to blame,
-and are not being blamed.
-
-We served our masters faithfully, and willingly, and as we were made
-to do for 244 years. In the last war you left them home. You went to
-the war, fought, and came back home, shattered to pieces, worn out,
-one-legged, and found your wife and family being properly cared for by
-the Negroes you left behind. Why should you now seek to disfranchise a
-race that has been so true to you?
-
-This Convention has a good leader in the person of the distinguished
-gentleman from Edgefield. Mr. President, when men go out shooting
-and want to shoot straight, they are compelled to shut one eye, and
-this leader uses only one eye in this Convention, hence he is always
-striking the bull’s eye; let him beware lest he strikes it one time too
-often. (Laughter.)
-
-Since Reconstruction times 53,000 have been killed in the South, and
-not more than three white men have been convicted and hung for these
-crimes. I want you to be mindful of the fact that the good people of
-the North are watching this Convention upon this subject. I hope you
-will make a Constitution that will stand the test. I hope that we
-may be able to say when our work is done that we have made as good a
-Constitution as the one we are doing away with.
-
-The Negroes are paying taxes in the South on $263,000,000 worth of
-property. In South Carolina, according to the census, the Negroes pay
-tax on $12,500,000 worth of property. That was in 1890. You voted down
-without discussion merely to lay on the table, a proposition for a
-simple property and educational qualification. What do you want? You
-tried the infamous eight-box and registration laws until they were
-worn to such a thinness that they could stand neither the test of the
-law nor of public opinion. In behalf of the 600,000 Negroes in the
-State and the 132,000 Negro voters all that I demand is that a fair
-and honest election law be passed. We care not what the qualifications
-imposed are: all that we ask is that they be fair and honest and
-honorable, and with these provisos we will stand or fall by it. You
-have 102,000 white men over 21 years of age; 13,000 of these cannot
-read nor write. You dare not disfranchise them; and you know that the
-man who proposes it will never be elected to another office in the
-State of South Carolina. But whatever Mr. Tillman can do, he can make
-nothing worse than the infamous eight-box law, and I have no praise
-for the Conservatives, for they gave the people that law. Fifty-eight
-thousand Negroes cannot read nor write. This leaves a majority of
-14,000 white men who can read and write over the same class of Negroes
-in this State. We are willing to accept a scheme that provides that no
-man who cannot read nor write can vote, if you dare pass it. How can
-you expect an ordinary man to “understand and explain” any section of
-the Constitution, to correspond to the interpretation put upon it by
-the manager of election, when by a very recent decision of the Supreme
-Court, composed of the most learned men in the State, two of them put
-one construction upon a section, and the other Justice put an entirely
-different construction upon it. To embody such a provision in the
-election law would be to mean that every white man would interpret
-it aright and every Negro would interpret it wrong. I appeal to the
-gentleman from Edgefield to realize that he is not making a law for
-one set of men. Some morning you may wake up to find that the bone
-and sinew of your country is gone. The Negro is needed in the cotton
-fields and in the low country rice fields, and if you impose too
-hard conditions upon the Negro in this State there will be nothing
-else for him to do but to leave. What then will you do about your
-phosphate works? No one but a Negro can work them: the mines that pay
-the interest on your State debt. I tell you the Negro is the bone and
-sinew of your country and you cannot do without him. I do not believe
-you want to get rid of the Negro, else why did you impose a high tax on
-immigration agents who might come here to get him to leave?
-
-Now, Mr. President, we should not talk one thing and mean another. We
-should not deceive ourselves. Let us make a Constitution that is fair,
-honest and just. Let us make a Constitution for all the people, one
-we will be proud of and our children will receive with delight. Don’t
-let us act like a gentleman said he talked. The other day a gentleman
-told me that a prominent lawyer, a member of this Convention, made
-a very bitter speech against the Negro while he was a candidate for
-election to this Convention. After the lawyer had concluded his speech
-of bitterness against the Negro and in favor of white supremacy, some
-colored men waited on him and asked him why he had made such a bitter
-speech against them, saying they had regarded the gentleman as their
-friend, as he had often acted as their lawyer. This gentleman replied
-to them: “Don’t mind my speech. I am a friend to the Negro, but I have
-got to make bitter speeches to fool the Crackers because I want their
-votes.” Gentlemen, I warn you that you can fool the Crackers when you
-talk to them, but if you pass this ordinance that has been proposed by
-the committee on suffrage you will fool nobody, for every person in the
-nation has been informed of your speeches on the stump and you will not
-be able to explain it away as that lawyer did his words of bitterness
-to the colored men who waited on him.
-
-Mr. President, strange things have happened and I have been shocked
-in my life, but the greatest surprise of my life was when the
-distinguished lawyer from Barnwell, Mr. Aldrich, introduced a
-Constitution in this Convention that was taken verbatim et literatim
-from the Constitution of ’65 and the black code of ’66, which deprived
-every Negro from holding an office in this State, notwithstanding
-that Constitution and black code were rejected by Congress. That
-Constitution caused the passage of the acts of reconstruction by
-Congress and made it necessary for the Constitutional Convention
-of 1868, which gave to you the best Constitution of any one of the
-Southern States. Let us make a Constitution, Mr. President, that will
-demand the respect of mankind everywhere, for we are not above public
-opinion. While in Washington a committee of capitalists came over
-from England hunting for timber land in which to invest. One of South
-Carolina’s Representative in Congress called upon those gentlemen and
-informed them that there were large tracts of land in Beaufort County,
-in the Township of Blufton, for sale. They inquired for the name of
-the State, and when they were informed that the timber lands were in
-South Carolina they answered: “You need not go any further, as our
-instructions were, before we left England, not to invest money in a
-State where life and property was not secure under the law.” In God’s
-name let us make a Constitution that will receive the approval of
-everybody--the outside world as well as those at home.
-
-Some time ago I heard the distinguished gentleman from Edgefield, I
-mean Mr. George D. Tillman, say that the white man wanted elbow room,
-and I suppose that this is what this suffrage plan is proposed to
-give him. Again, the other day, in this Convention, I heard him make
-a very eloquent speech on the township government bill, but before he
-got through he had acted like the good Jersey cow, which gave her two
-gallons of milk, and, though she did not put her foot in it before she
-was through, she had shaken so much dirt from her tail into the pail
-that we could not accept the milk. [Laughter.]
-
-Now, Mr. President, I will not detain this Convention, as I had no
-intention of making a speech upon this subject, as I said before; but
-now, sir, in the language of Mr. E. B. Cash, in his letter received
-from the distinguished “Bald Eagle,” of Edgefield, Gen. Mart Gary,
-(holding up the letter) let me say that I endorse every letter,
-syllable, verbatim et literatim, and accept as my own the speeches made
-by my colleagues last night and this morning. And I would, therefore,
-ask that the Convention will not vote down the substitute for the
-suffrage bill introduced by my colleague, Mr. Whipper, as they did that
-of Mr. Wigg, by a simple motion to lay on the table, but will allow
-this matter to go over, as the attendance is very slim, until Monday. I
-ask the Senator from Edgefield if he intends to press this matter to a
-vote this afternoon.
-
-Senator Tillman remarked that that was what he proposed to do.
-
-Smalls--Ah! I am beginning to know the Senator at last. [Laughter.]
-
-
-
-
-SUFFRAGE PLAN ADOPTED.
-
-
-The following is the plan reported by the suffrage committee, which was
-adopted by the Convention, and which is now a part of the Constitution
-of South Carolina:
-
-ARTICLE II.
-
-RIGHT OF SUFFRAGE.
-
-SECTION 1. All elections by the people shall be by ballot and
-elections shall never be held or the ballots counted in secret.
-
-SEC. 2. Every qualified elector shall be eligible to any office
-to be voted for, unless disqualified by age as prescribed in this
-Constitution. But no person shall hold two offices of honor or profit
-at the same time, except that any person holding another office may at
-the same time be an officer in the military and a notary public.
-
-SEC. 3. Every male citizen of this State and of the United States 21
-years of age and upwards, not laboring under the disabilities named
-in this Constitution and possessing the qualification required by it,
-shall be an elector.
-
-SEC. 4. The qualifications for suffrage shall be as follows:
-
-(a) Residence in the State for two years, in the county one year, in
-the polling precinct in which the elector offers to vote four months,
-and the payment six months before any election of any poll tax then
-due and payable; provided, however, that ministers in charge of an
-organized church and teachers of public schools shall be entitled to
-vote after six months residence in the State, if otherwise qualified.
-
-(b) Registration, which shall provide for the enrollment of every
-elector once in ten years and also an enrollment during each and every
-year of every elector not previously registered under the provisions on
-this article.
-
-(c) Up to January 1, 1898, all male persons of voting age applying for
-registration who can read any section in this Constitution submitted
-to them by the registration officer, or understand and explain it when
-read to them by the registration officer shall be entitled to register
-and become electors. A separate record of all persons registered before
-January 1, 1898, sworn to by the registration officer shall be filed,
-one copy with the clerk of court and one in the office of the secretary
-of the state, on or before February 1, 1898, and such persons shall
-remain during life qualified electors unless disqualified by the other
-provisions of this article. The certificate of the clerk of court or
-Secretary of State shall be sufficient evidence to establish the right
-of said citizens to any subsequent registration and the franchise under
-the limitations herein imposed.
-
-(d) Any person who shall apply for registration after January 1st,
-1898, if otherwise qualified, shall be registered; provided, that he
-can both read and write any section of this Constitution submitted to
-him by the registration officer, or can show that he owns and has paid
-all taxes collectible during the previous year on property in this
-State assessed at $300 or more.
-
-(e) Managers of elections shall require of every elector offering to
-vote at any election, before allowing him to vote, proof of the payment
-of all taxes, including poll tax, assessed against him and collectible
-during the previous year. The production of a certificate or of the
-receipt of the officer authorized to collect such taxes shall be
-conclusive proof of the payment thereof.
-
-(f) The general assembly shall provide for issuing to each duly
-registered elector a certificate of registration and shall provide for
-the renewal of such certificate when lost, mutilated or destroyed, if
-the applicant is still a qualified elector under the provisions of this
-Constitution, or if he has been registered as provided in subsection
-(c).
-
-SEC. 5. Any person denied registration shall have the right to appeal
-to the Court of Common Pleas or any judge thereof, and thence to the
-Supreme Court, to determine his right to vote under the limitations
-imposed in this article, and on such appeal the hearing shall be de
-novo and the General Assembly shall provide by law for such appeal and
-for the correction of illegal and fraudulent registration, voting and
-all other crimes against the election laws.
-
-SEC. 6. The following persons are disqualified from being registered or
-voting:
-
-First. Persons convicted of burglary, arson, obtaining goods or money
-under false pretenses, perjury, forgery, robbery, bribery, adultery,
-bigamy, wife-beating, housebreaking, receiving stolen goods, breach
-of trust with fraudulent intent, fornication, sodomy, incest, assault
-with intent to ravish, miscegenation, larceny, or crimes against the
-election laws; provided, that the pardon of the Governor shall remove
-such disqualification.
-
-Second. Persons who are idiots, insane, paupers supported at the public
-expense, and persons confined in any public prison.
-
-SEC. 7. For the purpose of voting, no person shall be deemed to have
-gained or lost a residence by reason of his presence or absence while
-employed in the service of the United States, nor while engaged in the
-navigation of the waters of this State, or the United States or of the
-high seas, nor while a student of any institution of learning.
-
-SEC. 8. The general assembly shall provide by law for the registration
-of all qualified electors and shall prescribe the manner of holding
-elections and of ascertaining the results, of the same; provided, at
-the first registration under this Constitution, and until the 1st
-of January, 1898, the registration shall be conducted by a board
-of three discreet persons in each county, to be appointed by the
-governor, by and with the advice and consent of the senate. For the
-first registration to be provided for under this Constitution, the
-registration books shall be kept open for at least six consecutive
-weeks, and thereafter from time to time at least one week in each
-month, up to 30 days next preceding the first election to be held under
-this Constitution. The registration books shall be public records open
-to the inspection of any citizen at all times.
-
-SEC. 9. The general assembly shall provide for the establishment of
-polling precincts in the several counties of the State and those now
-existing shall so continue until abolished or changed. Each elector
-shall be required to vote at his own precinct, but provision shall be
-made for his transfer to another precinct upon his change of residence.
-
-SEC. 10. The general assembly shall provide by law for the regulation
-of party primary elections and punishing fraud at the same.
-
-SEC. 11. The registration books shall close at least 30 days before
-an election, during which time transfers and registration shall not
-be legal; provided, persons who will become of age during that period
-shall be entitled to registration before the books are closed.
-
-SEC. 12. Elector in municipal elections shall possess the
-qualifications and be subject to the disqualifications herein
-prescribed. The production of a certificate of registration from
-the registration officers of the county as an elector at a precinct
-included in the incorporated city or town in which the voter desires
-to vote is declared a condition prerequisite to his obtaining a
-certificate of registration for municipal elections, and in addition
-he must have been a resident within the corporate limits at least four
-months before the election and have paid all taxes due and collectible
-for the preceding fiscal year. The general assembly shall provide for
-the registration of all voters before each election in municipalities;
-provided, that nothing herein contained shall apply to any municipal
-election which may be held prior to the general election of the year
-1896.
-
-SEC. 13. In authorizing a special election in any incorporated city or
-town in this State for the purpose of bonding the same, the general
-assembly shall prescribe as a condition precedent to the holding of
-said election a petition from a majority of the freeholders of said
-city or town as shown by its tax books, and at such elections all
-electors of such city or town who are duly qualified for voting under
-section 12 of this article, and who have paid all taxes, State, county,
-municipal, for the previous year, shall be allowed to vote, and the
-vote of a majority of those voting in said elections shall be necessary
-to authorize the issue of said bonds.
-
-SEC. 14. Electors shall in all cases except treason, felony or breach
-of peace, be privileged from arrest on the days of election during
-their attendance at the polls and going and returning therefrom.
-
-SEC. 15. No power, civil or military, shall at any time interfere to
-prevent the free exercise of the right of suffrage in this State.
-
-The Convention having under consideration the Legislative Department
-Ordinance, when Section 34 was reached, which reads:
-
-“The marriage of white persons with a Negro or a mulatto, or person who
-shall have one-eighth or more of Negro blood, shall be unlawful and
-void;”
-
-he proposed an amendment adding after the word “void” in the second
-line, the words “and any white person who lives and cohabits with a
-Negro, mulatto, or person who shall have one-eighth or more of Negro
-blood, shall be disqualified from holding any office of emolument or
-trust in this State, and the offspring of any such living or cohabiting
-shall bear the name of the father, and shall be entitled to inherit and
-acquire property the same as if they were legitimate.” He then spoke as
-follows:
-
-“MR. PRESIDENT: I hope this amendment will be adopted. Sir, there
-is not a colored man or woman of any respectability, not only in
-South Carolina, but in the whole country, that does not oppose the
-intermarriage of the races. There are very few, if any exceptions, in
-South Carolina, where a white man ever married a respectable colored
-woman or a colored man married a respectable white woman. The facts in
-the case are, that the white woman that marries a Negro man as a rule
-has been an outcast by her race, and the colored woman that marries a
-white man, has no standing with the respectable women of her race, and
-the white man no better with his. I cannot see why you want to prevent
-the intermarriage of the races, when they want to legitimize their
-actions, unless you adopt my amendment, prohibiting the cohabitation
-of the white men with the Negro women. Mr. President, and gentlemen of
-this Convention let me give you a little statistic, showing you, if it
-is possible, to do so, the wrongs you, or your fore-fathers have done
-to my race. Let us stop it, if we can; I fear not, but let us put it in
-the fundamental laws of this State.
-
-“The number of Americans of African descent, wholly and in part,
-returned to the census bureau in 1890 was 7,470,035. These were divided
-as follows: Pure Africans, 6,337,980; mulattoes 956,987; quadroons,
-105,132; octoroons, 69,936. The total mixed bloods, white and black,
-was 1,132,060 in the whole country, and a third of these are above the
-Mason and Dixon line.
-
-“Mr. President, a careful perusal of the census, also history, shows
-that more than three-fourths of the mothers of this large number of
-mixed blood whom you seek to legislate against, are colored women, if
-so, who could have been their fathers? Do not any of you rise and deny
-this, because I am no lawyer, but know enough about it that I cannot
-impeach my own witness. A careful perusal of the census, also shows in
-the State, that this one-fourth that lives beyond Mason and Dixon’s
-line shows fully that three-fourths of the one-fourth of the mixed
-blood were born in the Southern States. So you see, gentlemen, you are
-responsible for the wrongs that have been done; let us in the name of
-God, and in behalf of virtue, try and put a stop to this cohabitation.
-I could but admire a few days ago, when the gentlemen upon this floor
-spoke so highly of the women of this State, I am mindful of the fact
-that when they spoke of the women of this State that they spoke of
-the white women. I can but echo their sentiment, and do say, that I
-believe them to be as pure women as can be found anywhere in the world.
-I have not been strongly in favor of female suffrage, but since your
-discussion on the Divorce Law I feel I shall have to vote for the
-suffrage in order that they may pass a law or laws that will make
-you as pure as they are. We have, sir, as pure colored women in South
-Carolina and in this country, as any race upon this earth. Sir, that
-evil, known as slavery caused all of this. This wrong was done by you
-all, owning them as your slaves. Sir, no act of yours will prevent a
-white man from marrying a colored woman or a colored man from marrying
-a white woman, who have the means to go in another State. There are
-many States in the Union, that do not prevent them marrying and they
-can go and get married and you cannot help yourself. I have in my mind
-distinctly, a colored man and a white woman who were in love with each
-other, and who wanted to get married, but this man recited to her the
-law on your Statute book that prohibited the intermarriage of the
-races. This lady stated that there were no such laws in the district of
-Columbia, New York or Massachusetts. She was as pure a lady as there
-is. I only cite this because it is a matter that you cannot control
-except directly in the State. This entire matter, sir, has no right in
-the Constitution of the State, if your women are as pure as you stated,
-and I have reason to believe that they are, they can be trusted; then
-why the necessity of this being placed in the Constitution? Can you not
-trust yourselves? Is it because that these wrongs have been perpetrated
-here, since the formation of the Government, that you feel that you
-can’t be trusted? When I say you, I mean the white men of the entire
-State. I fear not; hence I trust the amendment will be adopted. These
-wrongs have been done, and are still being done, it is not done by
-colored men, it is done by white men. If a Negro should improperly
-approach a white woman, his body would be hanging on the nearest tree
-filled with air holes before daylight the next morning--and perhaps
-properly so. If the same rule were applied on the other side, and white
-men who insulted or debauched Negro women were treated likewise, this
-Convention would have to be adjourned sine die for lack of a quorum.
-
-“The gentleman called me to order stating that I had reflected on the
-Convention. I do not wish to reflect on the Convention. I do not wish
-to reflect on the Convention, but do say, that if he has clean hands
-he will keep his seat, because I do not mean to reflect on any man who
-objects to the intermarriage of a Negro or Mulatto woman with a white
-man, and is willing to prohibit the cohabitation, which is the root
-and branch of this evil. Stop this evil, and there will be no occasion
-for your intermarriage law. Sir, I oppose the intermarriage of the
-races as strongly as you do, and I feel that I echo the sentiment of
-the respectable class of both sides; because with few exceptions, we
-find these marriages are among the lower element of both races, and,
-therefore, they degrade and not elevate either race. But sir, don’t
-tell me that you will make a law to prevent lawful marriages and give
-full license to illicit marriages. Watch the census of each decade,
-you will clearly see that this vice is decreasing among our people; as
-they are progressing educationally they are raising themselves out of
-this degradation, that your race has placed upon them. Now sir, I say,
-prohibit intermarriage of the races, also make a law as binding against
-cohabitation. Then you will make your men as true as your women. And
-our race will be freed from a vice, that is as degrading as the system
-of slavery. Again sir, in behalf of my race, I hope that the amendment
-to the section under consideration will be adopted and become a part of
-the Constitution of the State.”
-
-The introduction of this amendment caused a great deal of discussion,
-which showed plainly that South Carolina had no idea of punishing white
-men for wrong done to colored women, nor would she allow the wrong to
-be rectified, and the original Section 34 was adopted, and is now the
-fundamental law of the State.
-
-On page (20-22) we have selected two editorials on this amendment, also
-a telegram on page 23.
-
-The following is clipped from Section 6 on Education. There are in this
-State several thousand soldiers who fought for the perpetuity of the
-Union, yet they are compelled to pay the poll tax ten years longer than
-these who sought to destroy it.
-
-“There shall be assessed on all taxable polls in the State between
-the ages of 21 and 60 years (excepting Confederate soldiers above the
-age of 50 years) an annual tax of $1 on each poll, the proceeds of
-which tax shall be expended for school purposes in the several school
-districts in which it is collected.”
-
-Claflin College was advocated for colored students, taught by Negroes;
-the best, wherever they could be found, should be secured.
-
-The committee on order, style and revision had the work ready, and
-all that was needed was the signature of the members to make the
-Constitution final. The members went up in county delegations and
-signed the new organic law.
-
-President Evans and Vice President Jones signed the new Constitution as
-the officers present, and then came Abbeville and the other counties on
-down. When Beaufort was reached, Delegate Smalls asked to be excused
-from signing the Constitution, as he would not sign a Constitution with
-such an article on suffrage. He was unanimously excused. He was the
-only member of the Beaufort delegation present.
-
-Some one during the progress of the signing sent up a resolution that
-members not signing the Constitution should not be paid. Gen. Smalls
-said he would walk home rather than sign the instrument. President
-Evans did not press the resolution, and members generally thought
-lightly of the matter, and it was not even put to the Convention.
-
- * * * * *
-
-EDITORIAL FROM THE (N. Y.) PRESS, OCT. 5, 1895.
-
-We can recall no more brilliant moral victory of a parliamentary
-minority than that gained on Thursday in the South Carolina
-Constitutional Convention by the representatives of the race about to
-be disfranchised for lack of intelligence wherewith to vote. In so
-characterizing the attack of these black delegates we have in mind the
-extraordinary ends accomplished with minorities by Mr. Randall, Mr.
-Blaine and Mr. Reed, the chief parliamentarians of our generation.
-
-In this case the white majority laid themselves open to the flank
-movement, which Robert Smalls had evidently meditated throughout
-the session, by introducing a quite supererogatory article for the
-amendment of mixed marriages. The black leader instantly moved an
-amendment providing that illicit as well as legal unions between the
-races should be prohibited. He proposed to disqualify all men--and
-this of course would mean only white men--who were parties to such
-unions. He proposed that the offspring of such unions should take their
-fathers’ names.
-
-Senator Tillman, who seems, though the author of this new secession of
-South Carolina, to be the only man in the Convention who appreciates
-in the slightest degree the effect of its actions upon outside public
-opinion, proceeded at once to save his record by espousing the Negro
-cause. He cut himself loose promptly from the majority in the course
-into which he knew its provincial ignorance would direct it. He went so
-far as roundly to berate his own chairman for his attempt to choke off
-the plea of the black men for the integrity of black women.
-
-It was hardly a debate that followed. It was an arraignment which
-culminated when Mr. Smalls, after approving the punishment which lynch
-law has meted out to the worst offenders of his race, said:
-
-“If the same rule were applied on the other side and white men were
-treated likewise, I fear this Convention would have to be adjourned for
-lack of a quorum.”
-
-The “burst of laughter” which followed this threw an interesting light
-on the morals and manners of South Carolina. It showed the state of
-civilization depicted in “Tom Jones.” A Convention composed entirely
-of Squire Westerns would have met such an impeachment in a precisely
-similar way. Having satisfied their sense of humor the delegates killed
-the amendment and passed the mixed marriages article.
-
-This seizure of a parliamentary advantage in so sudden and effective a
-manner as to cause the majority leader to abandon his forces and leave
-them to expose their moral nakedness to the world was more than equal
-to Mr. Blaine’s rout of the Rebel Brigadiers in the famous Amnesty
-Debate. For those gentry managed to fan and sponge Ben Hill into the
-ring again, and these remained “out of time.”
-
-And in no one other way could the Negroes have so convincingly proved
-to the world their right to the ballot than by this victory of black
-mind over white matter. It is now made plain, as it was made plain by
-the first laws passed by the unreconstructed Legislature of the same
-State after the war, that the fear of Negro domination is not born so
-much of a regard for the numbers as for the developed intellectual
-ability of the blacks. It is not Negro ignorance, but Negro
-intelligence, that is feared.
-
- * * * * *
-
-EDITORIAL FROM THE NEWS AND COURIER, THE LEADING DEMOCRATIC PAPER OF
-CHARLESTON, S. C., Nov. 23, 1895.
-
-The troublesome matter of miscegenation was settled finally by the
-adoption of the provision that “the marriage of a white person with a
-Negro or mulatto, or person who shall have one-eighth of Negro blood,
-shall be unlawful and void” hereafter. The provision would have been
-strengthened and improved by the adoption of Gen. Smalls’ proposed
-addition to it that “any white person who lives and cohabits with
-such persons should be disqualified from holding office of emolument
-or trust in this State, and the offspring of such living or cohabiting
-shall bear the name of the father,” but the Convention rejected the
-addition by the largest vote recorded recently. Its action was a
-mistake. The addition was a proper corollary to the section adopted,
-and should have been extended to disqualify from voting, as well as
-holding office, the class of offenders at which it was aimed. Of the
-two offences--miscegenation within the marriage bond and miscegenation
-without it--the latter is the greater social evil. It should have been
-treated accordingly. The action of the Convention in this instance
-and its action of the preceding day in reducing the age of consent to
-the limits of childhood will inevitably be construed together to the
-injury and reproach to the State. Both decisions should not stand.
-Taken together they offer a premium for a condition of affairs which
-is condemned alike by every dictate of sound morals and of the public
-sentiment of the State. Miscegenation is contrary to the law of nature.
-
-
-
-
-TELEGRAM.
-
-
- BOSTON, MASS., Oct. 16, 1895.
-
- To the Hon. Robert Smalls, Columbia, S. C:
-
-Dear Sir: A body of clergymen and laymen in Convention assembled in
-the City of Boston, Mass., congratulate you for the stand you took for
-virtue and chastity in the Constitutional Convention of South Carolina,
-on Oct. 2d, current. The Christian Churches are with you in the
-struggle, indeed, the civilized world indorses the sentiment expressed
-by you. May God save the State of South Carolina from its barbarism.
-
- (Signed)
-
- REV. WM H. SCOTT.
- CLIFFORD H. PLUMMER, Sec.
- P. L. PEMBERTON.
-
-
-
-
-LETTERS OF CONGRATULATION.
-
-
- 2121 NORTH 29TH STREET }
- PHILADELPHIA, October 30, 1895. }
-
- Gen. Robert Smalls, Columbia, S. C.:
-
-My Dear General--I am very desirous of procuring a copy of each one of
-the speeches delivered in your Convention at Columbia on the suffrage
-question. If you have within easy reach any or all of them in print,
-I shall esteem it as a favor if you will kindly forward to me here
-such of them as you can readily spare. And let me say to you, my dear
-General, what has, I presume, been said to you already, that the
-dignity, courage and signal ability with which you and your Republican
-colleagues at Columbia, have asserted and maintained manhood rights and
-the just claims of all citizens to fair play under the supreme law of
-the land as well as under the civilization of our times, have touched
-the heart of the great North and called forth its soberest approval and
-its high admiration.
-
-Indeed, it is felt here that, in your statements, your arguments and
-warnings, you have covered the whole case and done lasting honor to the
-Negro race and to American patriotism. All hail to you and your noble
-band of Spartans at Columbia!
-
- Yours very sincerely,
- E. C. BOSSETT.
-
- * * * * *
-
- NEWBERRY, Oct. 28, 1895.
- Hon. Robert Smalls:
-
-Dear Sir: I take the liberty of expressing to you and through you
-to your colleagues, Messrs. Miller, Wigg and Whipper my very great
-gratification and approval of your and their very able and eloquent
-addresses in behalf of sound Republican principles, of justice towards
-all classes, and of fair and honest elections. You all did credit
-to your race, to the Republican party, and as I hope and believe
-to the cause of justice, for I have no doubt your efforts will
-have great influence outside the State. The prompt voting down of
-everything proposed, however fair and moderate, looked very much like
-pre-concerted action, and was not creditable to the Convention, either
-Conservatives or “Reformers.” But I should say, keep up the fight at
-every point along the line. Propose amendments to every objectionable
-section, even if they are voted down.
-
- Very Respectfully,
- B. O. DUNCAN.
-
- * * * * *
-
- ADELPHI HOTEL, }
- LIVERPOOL, Oct. 6, 1895. }
-
- Mr. Robert Smalls, Beaufort, S. C.:
-
-Dear Sir--We have read over here the telegraphic report about the
-metaphorical bomb you threw into the Constitutional Convention, with
-the greatest glee. But not only was it the best sort of fuse--it was
-loaded, too, with the most explosive truth, (it seems to have scattered
-the ladies.) Such jokes as yours make an entrance for the truth when
-cold logic slides off like water from a duck’s back. Gen. Ben Butler’s
-phrase about the contraband of war converted more Democrats than
-Seward’s great speeches. And so I doubt not your “little joke” will do
-more to make the scales drop from people’s eyes than even Douglass’
-admirable tract “Why is the Negro Lynched;” (Of this I will try to
-send you a copy.) Butler’s “Contraband” prepared the way for Lincoln’s
-Emancipation Proclamation. Your resolution, so aptly timed, I regard
-as one of those _immense_ things that influence destiny. I do not know
-how much it will be written about in the papers, but I believe it is
-only second in the importance of its influence to Uncle Tom’s Cabin,
-because of its _opportuneness_. _No occasion could have occurred--none
-can again occur_--when that truth wrapped up in the words of your
-amendment could have reached home to the American people--could have
-penetrated the harness and armor of the late Rebel master. More than
-that, you have prepared the way for one of the greatest books on the
-relations of the Negro and the mulatto to the white race. I speak,
-of course, of Mr. Keeper’s book, “Minden Armies.” At once on reading
-your action and its result in the Convention, I wrote an article,
-intended to be light and attractive, and took it to one of the great
-London dailies, but it was returned as the subject was hardly of enough
-consequence to their constituency, their columns being so crowded. I
-should be very glad to have the best report of that meeting that is
-published, as I want to see the details in full. Address me.
-
- Yours truly,
- HORACE J. SMITH,
- 44 Grosvenor Road, London S. W.
-
- * * * * *
-
-SPECIAL TO THE WORLD.
-
-COLUMBIA, S. C., Sept. 30--Five of the six Negro delegates to the South
-Carolina Constitutional Convention, which proposes to disfranchise the
-blacks, have joined in the following address to the North, through The
-World:
-
- To the Editor of the World:
-
-The Seventh Constitutional Convention called in South Carolina is
-in session. It has been called for the purpose of dealing with the
-Negro problem. Those who have advocated its assembling have been
-explicit in their declaration of the purposes to be accomplished--the
-disfranchisement of the Negro and the elimination of him entirely,
-not from a participation in elections, for he has not since 1886 had
-any show at all in any of the elections held in the State, but of
-the possibility of the Negro uniting with the conservative Democratic
-faction and thus oust from place and power those now in control of
-the Government. The chief obstacle in the way of accomplishing what
-is desired is the Fourteenth and Fifteenth Amendments to the Federal
-Constitution. This difficulty removed, there will be plain sailing.
-
-The Hon. Benjamin Ryan Tillman, who is the head and front of the
-movement, has not been at all politic or hypocritical as to his
-intentions. He has said that his object is to disfranchise as many
-Negroes as he possibly can without disfranchising a single white man,
-except for crime.
-
-WHAT THE CENSUS SHOWS.
-
-In the State, according to the census of the United States, taken in
-1890, there were: Negroes over twenty-one years of age, 132,949; whites
-over twenty-one years of age, 102,567; Negro majority, 30,292. Of these
-are illiterate, 58,086 Negroes and 13,242 whites. Now, it will plainly
-be seen that a purely educational qualification, honestly administered,
-would give the whites 89,415, and the Negroes 74,851 votes; white
-majority, 14,564 votes.
-
-But the nut for Tillman to crack is how he can disfranchise the
-Negro without disfranchising the 13,242 illiterate whites, whose
-votes would be lost entirely to his faction should the conservative
-element nominate and vote an independent ticket. The highest vote
-his faction has ever been able to poll in round numbers is 60,000,
-and the Conservatives 35,000. If Tillman’s faction, therefore,
-should lose 13,242 votes it would leave him only 46,758 votes, and
-the Conservatives 35,000 votes, and Tillman’s majority over the
-Conservatives would be only 11,758 votes.
-
-It will readily be seen that the 74,851 Negro votes or any
-considerable part of them uniting with the Conservatives would make
-that faction master of the situation, and that is what Tillman wants to
-prevent. He has thus far hypnotized the whites of both factions With
-the scarecrow, “White supremacy,” which he has shaken in their faces
-on every occasion, and which he is shrewd enough to know has the same
-effect upon the whites as a red flag has upon an enraged bull.
-
-TILLMAN’S SUFFRAGE PLAN.
-
-The real truth is that “white supremacy” has never been endangered;
-for even in the days of Republican ascendancy all the great offices,
-and a large majority of all the offices, were held by white men, and
-no one ever thought of making it a Negro government. The suffrage
-plan, as we have been informed, as agreed upon by the committee, is as
-follows: Every male citizen twenty-one years of age who has not been
-convicted of crime, and is not an idiot or an inmate of a prison or
-a charitable institution, who can read a section of the Constitution
-to the satisfaction of the officers of election, or who can explain
-said section when read to him to the satisfaction of said officers, or
-who pays taxes on $500 worth of real property; or who can satisfy the
-election officers that he has paid all taxes due by him to the State,
-and who shall be duly registered according to law, shall be entitled to
-vote.
-
-Every one of these provisions, as simple and just as they appear, when
-read by the uninitiated, are freighted with fraud, corruption and
-prostitution of the suffrage. For the officers of election are the sole
-judges of the qualification of the elector, and can at their will make
-the Negro vote or the white vote as large or as small as they choose.
-
-INSTRUMENTS OF FRAUD.
-
-Everyone of these innocent little “ors” is the instrument of and
-contains infinite possibilities of fraud, and in the hands of election
-officers, all of whom are members of one party and of the same faction,
-are construed to mean one thing to one set of voters and another thing
-to another set, when they offer to register.
-
-As Mr. Creelman has explained in his dispatches, the registration
-officer and his board will have the sole power to make voters in South
-Carolina, as the Supreme Court of the State has decided that there is
-no appeal to any Court of law from the acts of election officers. In
-short, the Convention has been called to legalize the frauds which have
-been perpetrated upon the elective franchise in this State since 1876.
-No one can tell or estimate what the vote will be, and that question
-can be answered only by the election officers.
-
- ROBERT SMALLS,
- THOMAS E. MILLER,
- JAMES E. WIGG,
- R. B. ANDERSON,
- ISAIAH REED,
-
- Republican Members of the Constitutional Convention.
- Columbia, S. C., Sept. 30, 1895.
-
- * * * * *
-
-Transcriber’s Notes:
-
-Punctuation has been made consistent.
-
-Variations in spelling and hyphenation were retained as they appear in
-the original publication, except that obvious typographical errors have
-been corrected.
-
-
-
-
-
-End of the Project Gutenberg EBook of Speeches at the Constitutional
-Convention, by Robert Smalls
-
-*** END OF THIS PROJECT GUTENBERG EBOOK SPEECHES--CONSTITUTIONAL CONFERENCE ***
-
-***** This file should be named 63610-0.txt or 63610-0.zip *****
-This and all associated files of various formats will be found in:
- http://www.gutenberg.org/6/3/6/1/63610/
-
-Produced by Charlene Taylor, Craig Kirkwood, and the Online
-Distributed Proofreading Team at https://www.pgdp.net (This
-file was produced from images generously made available
-by The Internet Archive/American Libraries.)
-
-Updated editions will replace the previous one--the old editions will
-be renamed.
-
-Creating the works from print editions not protected by U.S. copyright
-law means that no one owns a United States copyright in these works,
-so the Foundation (and you!) can copy and distribute it in the United
-States without permission and without paying copyright
-royalties. Special rules, set forth in the General Terms of Use part
-of this license, apply to copying and distributing Project
-Gutenberg-tm electronic works to protect the PROJECT GUTENBERG-tm
-concept and trademark. Project Gutenberg is a registered trademark,
-and may not be used if you charge for the eBooks, unless you receive
-specific permission. If you do not charge anything for copies of this
-eBook, complying with the rules is very easy. You may use this eBook
-for nearly any purpose such as creation of derivative works, reports,
-performances and research. They may be modified and printed and given
-away--you may do practically ANYTHING in the United States with eBooks
-not protected by U.S. copyright law. Redistribution is subject to the
-trademark license, especially commercial redistribution.
-
-START: FULL LICENSE
-
-THE FULL PROJECT GUTENBERG LICENSE
-PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK
-
-To protect the Project Gutenberg-tm mission of promoting the free
-distribution of electronic works, by using or distributing this work
-(or any other work associated in any way with the phrase "Project
-Gutenberg"), you agree to comply with all the terms of the Full
-Project Gutenberg-tm License available with this file or online at
-www.gutenberg.org/license.
-
-Section 1. General Terms of Use and Redistributing Project
-Gutenberg-tm electronic works
-
-1.A. By reading or using any part of this Project Gutenberg-tm
-electronic work, you indicate that you have read, understand, agree to
-and accept all the terms of this license and intellectual property
-(trademark/copyright) agreement. If you do not agree to abide by all
-the terms of this agreement, you must cease using and return or
-destroy all copies of Project Gutenberg-tm electronic works in your
-possession. If you paid a fee for obtaining a copy of or access to a
-Project Gutenberg-tm electronic work and you do not agree to be bound
-by the terms of this agreement, you may obtain a refund from the
-person or entity to whom you paid the fee as set forth in paragraph
-1.E.8.
-
-1.B. "Project Gutenberg" is a registered trademark. It may only be
-used on or associated in any way with an electronic work by people who
-agree to be bound by the terms of this agreement. There are a few
-things that you can do with most Project Gutenberg-tm electronic works
-even without complying with the full terms of this agreement. See
-paragraph 1.C below. There are a lot of things you can do with Project
-Gutenberg-tm electronic works if you follow the terms of this
-agreement and help preserve free future access to Project Gutenberg-tm
-electronic works. See paragraph 1.E below.
-
-1.C. The Project Gutenberg Literary Archive Foundation ("the
-Foundation" or PGLAF), owns a compilation copyright in the collection
-of Project Gutenberg-tm electronic works. Nearly all the individual
-works in the collection are in the public domain in the United
-States. If an individual work is unprotected by copyright law in the
-United States and you are located in the United States, we do not
-claim a right to prevent you from copying, distributing, performing,
-displaying or creating derivative works based on the work as long as
-all references to Project Gutenberg are removed. Of course, we hope
-that you will support the Project Gutenberg-tm mission of promoting
-free access to electronic works by freely sharing Project Gutenberg-tm
-works in compliance with the terms of this agreement for keeping the
-Project Gutenberg-tm name associated with the work. You can easily
-comply with the terms of this agreement by keeping this work in the
-same format with its attached full Project Gutenberg-tm License when
-you share it without charge with others.
-
-1.D. The copyright laws of the place where you are located also govern
-what you can do with this work. Copyright laws in most countries are
-in a constant state of change. If you are outside the United States,
-check the laws of your country in addition to the terms of this
-agreement before downloading, copying, displaying, performing,
-distributing or creating derivative works based on this work or any
-other Project Gutenberg-tm work. The Foundation makes no
-representations concerning the copyright status of any work in any
-country outside the United States.
-
-1.E. Unless you have removed all references to Project Gutenberg:
-
-1.E.1. The following sentence, with active links to, or other
-immediate access to, the full Project Gutenberg-tm License must appear
-prominently whenever any copy of a Project Gutenberg-tm work (any work
-on which the phrase "Project Gutenberg" appears, or with which the
-phrase "Project Gutenberg" is associated) is accessed, displayed,
-performed, viewed, copied or distributed:
-
- This eBook is for the use of anyone anywhere in the United States and
- most other parts of the world at no cost and with almost no
- restrictions whatsoever. You may copy it, give it away or re-use it
- under the terms of the Project Gutenberg License included with this
- eBook or online at www.gutenberg.org. If you are not located in the
- United States, you'll have to check the laws of the country where you
- are located before using this ebook.
-
-1.E.2. If an individual Project Gutenberg-tm electronic work is
-derived from texts not protected by U.S. copyright law (does not
-contain a notice indicating that it is posted with permission of the
-copyright holder), the work can be copied and distributed to anyone in
-the United States without paying any fees or charges. If you are
-redistributing or providing access to a work with the phrase "Project
-Gutenberg" associated with or appearing on the work, you must comply
-either with the requirements of paragraphs 1.E.1 through 1.E.7 or
-obtain permission for the use of the work and the Project Gutenberg-tm
-trademark as set forth in paragraphs 1.E.8 or 1.E.9.
-
-1.E.3. If an individual Project Gutenberg-tm electronic work is posted
-with the permission of the copyright holder, your use and distribution
-must comply with both paragraphs 1.E.1 through 1.E.7 and any
-additional terms imposed by the copyright holder. Additional terms
-will be linked to the Project Gutenberg-tm License for all works
-posted with the permission of the copyright holder found at the
-beginning of this work.
-
-1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm
-License terms from this work, or any files containing a part of this
-work or any other work associated with Project Gutenberg-tm.
-
-1.E.5. Do not copy, display, perform, distribute or redistribute this
-electronic work, or any part of this electronic work, without
-prominently displaying the sentence set forth in paragraph 1.E.1 with
-active links or immediate access to the full terms of the Project
-Gutenberg-tm License.
-
-1.E.6. You may convert to and distribute this work in any binary,
-compressed, marked up, nonproprietary or proprietary form, including
-any word processing or hypertext form. However, if you provide access
-to or distribute copies of a Project Gutenberg-tm work in a format
-other than "Plain Vanilla ASCII" or other format used in the official
-version posted on the official Project Gutenberg-tm web site
-(www.gutenberg.org), you must, at no additional cost, fee or expense
-to the user, provide a copy, a means of exporting a copy, or a means
-of obtaining a copy upon request, of the work in its original "Plain
-Vanilla ASCII" or other form. Any alternate format must include the
-full Project Gutenberg-tm License as specified in paragraph 1.E.1.
-
-1.E.7. Do not charge a fee for access to, viewing, displaying,
-performing, copying or distributing any Project Gutenberg-tm works
-unless you comply with paragraph 1.E.8 or 1.E.9.
-
-1.E.8. You may charge a reasonable fee for copies of or providing
-access to or distributing Project Gutenberg-tm electronic works
-provided that
-
-* You pay a royalty fee of 20% of the gross profits you derive from
- the use of Project Gutenberg-tm works calculated using the method
- you already use to calculate your applicable taxes. The fee is owed
- to the owner of the Project Gutenberg-tm trademark, but he has
- agreed to donate royalties under this paragraph to the Project
- Gutenberg Literary Archive Foundation. Royalty payments must be paid
- within 60 days following each date on which you prepare (or are
- legally required to prepare) your periodic tax returns. Royalty
- payments should be clearly marked as such and sent to the Project
- Gutenberg Literary Archive Foundation at the address specified in
- Section 4, "Information about donations to the Project Gutenberg
- Literary Archive Foundation."
-
-* You provide a full refund of any money paid by a user who notifies
- you in writing (or by e-mail) within 30 days of receipt that s/he
- does not agree to the terms of the full Project Gutenberg-tm
- License. You must require such a user to return or destroy all
- copies of the works possessed in a physical medium and discontinue
- all use of and all access to other copies of Project Gutenberg-tm
- works.
-
-* You provide, in accordance with paragraph 1.F.3, a full refund of
- any money paid for a work or a replacement copy, if a defect in the
- electronic work is discovered and reported to you within 90 days of
- receipt of the work.
-
-* You comply with all other terms of this agreement for free
- distribution of Project Gutenberg-tm works.
-
-1.E.9. If you wish to charge a fee or distribute a Project
-Gutenberg-tm electronic work or group of works on different terms than
-are set forth in this agreement, you must obtain permission in writing
-from both the Project Gutenberg Literary Archive Foundation and The
-Project Gutenberg Trademark LLC, the owner of the Project Gutenberg-tm
-trademark. Contact the Foundation as set forth in Section 3 below.
-
-1.F.
-
-1.F.1. Project Gutenberg volunteers and employees expend considerable
-effort to identify, do copyright research on, transcribe and proofread
-works not protected by U.S. copyright law in creating the Project
-Gutenberg-tm collection. Despite these efforts, Project Gutenberg-tm
-electronic works, and the medium on which they may be stored, may
-contain "Defects," such as, but not limited to, incomplete, inaccurate
-or corrupt data, transcription errors, a copyright or other
-intellectual property infringement, a defective or damaged disk or
-other medium, a computer virus, or computer codes that damage or
-cannot be read by your equipment.
-
-1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right
-of Replacement or Refund" described in paragraph 1.F.3, the Project
-Gutenberg Literary Archive Foundation, the owner of the Project
-Gutenberg-tm trademark, and any other party distributing a Project
-Gutenberg-tm electronic work under this agreement, disclaim all
-liability to you for damages, costs and expenses, including legal
-fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT
-LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE
-PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE
-TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE
-LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR
-INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH
-DAMAGE.
-
-1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a
-defect in this electronic work within 90 days of receiving it, you can
-receive a refund of the money (if any) you paid for it by sending a
-written explanation to the person you received the work from. If you
-received the work on a physical medium, you must return the medium
-with your written explanation. The person or entity that provided you
-with the defective work may elect to provide a replacement copy in
-lieu of a refund. If you received the work electronically, the person
-or entity providing it to you may choose to give you a second
-opportunity to receive the work electronically in lieu of a refund. If
-the second copy is also defective, you may demand a refund in writing
-without further opportunities to fix the problem.
-
-1.F.4. Except for the limited right of replacement or refund set forth
-in paragraph 1.F.3, this work is provided to you 'AS-IS', WITH NO
-OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT
-LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.
-
-1.F.5. Some states do not allow disclaimers of certain implied
-warranties or the exclusion or limitation of certain types of
-damages. If any disclaimer or limitation set forth in this agreement
-violates the law of the state applicable to this agreement, the
-agreement shall be interpreted to make the maximum disclaimer or
-limitation permitted by the applicable state law. The invalidity or
-unenforceability of any provision of this agreement shall not void the
-remaining provisions.
-
-1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the
-trademark owner, any agent or employee of the Foundation, anyone
-providing copies of Project Gutenberg-tm electronic works in
-accordance with this agreement, and any volunteers associated with the
-production, promotion and distribution of Project Gutenberg-tm
-electronic works, harmless from all liability, costs and expenses,
-including legal fees, that arise directly or indirectly from any of
-the following which you do or cause to occur: (a) distribution of this
-or any Project Gutenberg-tm work, (b) alteration, modification, or
-additions or deletions to any Project Gutenberg-tm work, and (c) any
-Defect you cause.
-
-Section 2. Information about the Mission of Project Gutenberg-tm
-
-Project Gutenberg-tm is synonymous with the free distribution of
-electronic works in formats readable by the widest variety of
-computers including obsolete, old, middle-aged and new computers. It
-exists because of the efforts of hundreds of volunteers and donations
-from people in all walks of life.
-
-Volunteers and financial support to provide volunteers with the
-assistance they need are critical to reaching Project Gutenberg-tm's
-goals and ensuring that the Project Gutenberg-tm collection will
-remain freely available for generations to come. In 2001, the Project
-Gutenberg Literary Archive Foundation was created to provide a secure
-and permanent future for Project Gutenberg-tm and future
-generations. To learn more about the Project Gutenberg Literary
-Archive Foundation and how your efforts and donations can help, see
-Sections 3 and 4 and the Foundation information page at
-www.gutenberg.org
-
-
-
-Section 3. Information about the Project Gutenberg Literary Archive Foundation
-
-The Project Gutenberg Literary Archive Foundation is a non profit
-501(c)(3) educational corporation organized under the laws of the
-state of Mississippi and granted tax exempt status by the Internal
-Revenue Service. The Foundation's EIN or federal tax identification
-number is 64-6221541. Contributions to the Project Gutenberg Literary
-Archive Foundation are tax deductible to the full extent permitted by
-U.S. federal laws and your state's laws.
-
-The Foundation's principal office is in Fairbanks, Alaska, with the
-mailing address: PO Box 750175, Fairbanks, AK 99775, but its
-volunteers and employees are scattered throughout numerous
-locations. Its business office is located at 809 North 1500 West, Salt
-Lake City, UT 84116, (801) 596-1887. Email contact links and up to
-date contact information can be found at the Foundation's web site and
-official page at www.gutenberg.org/contact
-
-For additional contact information:
-
- Dr. Gregory B. Newby
- Chief Executive and Director
- gbnewby@pglaf.org
-
-Section 4. Information about Donations to the Project Gutenberg
-Literary Archive Foundation
-
-Project Gutenberg-tm depends upon and cannot survive without wide
-spread public support and donations to carry out its mission of
-increasing the number of public domain and licensed works that can be
-freely distributed in machine readable form accessible by the widest
-array of equipment including outdated equipment. Many small donations
-($1 to $5,000) are particularly important to maintaining tax exempt
-status with the IRS.
-
-The Foundation is committed to complying with the laws regulating
-charities and charitable donations in all 50 states of the United
-States. Compliance requirements are not uniform and it takes a
-considerable effort, much paperwork and many fees to meet and keep up
-with these requirements. We do not solicit donations in locations
-where we have not received written confirmation of compliance. To SEND
-DONATIONS or determine the status of compliance for any particular
-state visit www.gutenberg.org/donate
-
-While we cannot and do not solicit contributions from states where we
-have not met the solicitation requirements, we know of no prohibition
-against accepting unsolicited donations from donors in such states who
-approach us with offers to donate.
-
-International donations are gratefully accepted, but we cannot make
-any statements concerning tax treatment of donations received from
-outside the United States. U.S. laws alone swamp our small staff.
-
-Please check the Project Gutenberg Web pages for current donation
-methods and addresses. Donations are accepted in a number of other
-ways including checks, online payments and credit card donations. To
-donate, please visit: www.gutenberg.org/donate
-
-Section 5. General Information About Project Gutenberg-tm electronic works.
-
-Professor Michael S. Hart was the originator of the Project
-Gutenberg-tm concept of a library of electronic works that could be
-freely shared with anyone. For forty years, he produced and
-distributed Project Gutenberg-tm eBooks with only a loose network of
-volunteer support.
-
-Project Gutenberg-tm eBooks are often created from several printed
-editions, all of which are confirmed as not protected by copyright in
-the U.S. unless a copyright notice is included. Thus, we do not
-necessarily keep eBooks in compliance with any particular paper
-edition.
-
-Most people start at our Web site which has the main PG search
-facility: www.gutenberg.org
-
-This Web site includes information about Project Gutenberg-tm,
-including how to make donations to the Project Gutenberg Literary
-Archive Foundation, how to help produce our new eBooks, and how to
-subscribe to our email newsletter to hear about new eBooks.
-
diff --git a/old/63610-0.zip b/old/63610-0.zip
deleted file mode 100644
index 3f4acec..0000000
--- a/old/63610-0.zip
+++ /dev/null
Binary files differ
diff --git a/old/63610-h.zip b/old/63610-h.zip
deleted file mode 100644
index b18eef8..0000000
--- a/old/63610-h.zip
+++ /dev/null
Binary files differ
diff --git a/old/63610-h/63610-h.htm b/old/63610-h/63610-h.htm
deleted file mode 100644
index 99b9470..0000000
--- a/old/63610-h/63610-h.htm
+++ /dev/null
@@ -1,1653 +0,0 @@
-<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN"
- "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd">
-<html xmlns="http://www.w3.org/1999/xhtml" xml:lang="en" lang="en">
- <head>
- <meta http-equiv="Content-Type" content="text/html;charset=utf-8" />
- <meta http-equiv="Content-Style-Type" content="text/css" />
- <title>
- The Project Gutenberg eBook of Speeches At the Constitutional Convention, by Robert Smalls.
- </title>
- <style type="text/css">
-
-body {
- margin-left: 10%;
- margin-right: 10%;
-}
-
- h1,h2 {
- text-align: center; /* all headings centered */
- clear: both;
-}
-
-p {
- margin-top: .51em;
- text-align: justify;
- margin-bottom: .49em;
-}
-
-.p-1 {margin-top: -0.25em;}
-.p2 {margin-top: 2em;}
-
-/*Modified horizontal rules to fix ePub display issue*/
-hr {
- width: 33%;
- margin-top: 2em;
- margin-bottom: 2em;
- margin-left: 33.5%;
- margin-right: 33.5%;
- clear: both;
-}
-
-hr.tb {width: 45%; margin-left: 27.5%; margin-right: 27.5%;}
-hr.chap {width: 65%; margin-left: 17.5%; margin-right: 17.5%;}
-/*End modified horizontal rule CSS*/
-
-.pagenum { /* uncomment the next line for invisible page numbers */
- /* visibility: hidden; */
- position: absolute;
- left: 92%;
- font-size: smaller;
- text-align: right;
-} /* page numbers */
-
-/*Indent-padding*/
-.il2{padding-left:2em}
-.ir1{text-align:right; padding-right:1em}
-.ir2{text-align:right; padding-right:2em}
-
-.displayinline{display:inline-block; line-height:1}
-
-.center {text-align: center;}
-
-.smcap {font-variant: small-caps;}
-
-/* Images */
-img {max-width: 100%; height:auto; }
-
-.figcenter {
- margin: auto;
- text-align: center;
- max-width: 90%;
-}
-
-/* Transcriber's notes */
-.transnote {background-color: #E6E6FA;
- color: black;
- font-size:smaller;
- padding:0.5em;
- margin-bottom:5em;
- font-family:sans-serif, serif; }
-
-/*CSS to set font sizes*/
-/*font sizes for non-header font changes*/
-.xlargefont{font-size: x-large}
-.largefont{font-size: large}
-.smallfont{font-size: small}
-.boldfont{font-weight:bold}
-.sansseriffont{font-family:sans-serif}
-
-/*CSS to force a page break in ePub*/
-div.chapter {page-break-before: always;}
-
-.nobreak{
- page-break-before: avoid;
- padding-top: 0;
-}
- </style>
- </head>
-<body>
-
-
-<pre>
-
-The Project Gutenberg EBook of Speeches at the Constitutional Convention, by
-Robert Smalls
-
-This eBook is for the use of anyone anywhere in the United States and most
-other parts of the world at no cost and with almost no restrictions
-whatsoever. You may copy it, give it away or re-use it under the terms of
-the Project Gutenberg License included with this eBook or online at
-www.gutenberg.org. If you are not located in the United States, you'll have
-to check the laws of the country where you are located before using this ebook.
-
-Title: Speeches at the Constitutional Convention
- With the Right of Suffrage Passed by the Constitutional Convention
-
-Author: Robert Smalls
-
-Release Date: November 3, 2020 [EBook #63610]
-
-Language: English
-
-Character set encoding: UTF-8
-
-*** START OF THIS PROJECT GUTENBERG EBOOK SPEECHES--CONSTITUTIONAL CONFERENCE ***
-
-
-
-
-Produced by Charlene Taylor, Craig Kirkwood, and the Online
-Distributed Proofreading Team at https://www.pgdp.net (This
-file was produced from images generously made available
-by The Internet Archive/American Libraries.)
-
-
-
-
-
-
-</pre>
-
-
-<div class="figcenter" style="width: 650px;">
-<img id="coverpage" src="images/cover.jpg" width="650" height="1008" alt="Cover." />
-</div>
-
-<hr class="tb" />
-
-
-<h1 style="line-height:1.5">SPEECHES<br />
-<span class="largefont">AT THE</span><br />
-Constitutional Convention,</h1>
-
-
-<p class="center" style="line-height:1.5">BY<br />
-<span class="xlargefont boldfont">GEN. ROBT. SMALLS.</span></p>
-
-<p class="center p2" style="line-height:1.5">WITH THE<br />
-<span class="xlargefont boldfont">RIGHT OF SUFFRAGE</span><br />
-PASSED BY THE<br />
-<span class="xlargefont sansseriffont">CONSTITUTIONAL CONVENTION.</span></p>
-
-<p class="center p2">COMPILED BY MISS SARAH V. SMALLS.</p>
-
-<p class="center p2 smallfont">ENQUIRER PRINT, 425 KING STREET.<br />
-CHARLESTON, S. C.<br />
-1896
-</p>
-
-<hr class="chap" />
-
-
-<div class="chapter">
-<h2 class="nobreak"><span class="smcap">Introduction.</span></h2>
-</div>
-
-
-<p>Months previous to the time that the recent Constitutional
-Convention met, Conservatives and Reformers, announced
-publicly their intention to disfranchise the Negro in South
-Carolina.</p>
-
-<p>For this pamphlet such portions of the new Constitution
-have been selected as affect the colored people, together with
-the speeches made thereon by my father Robert Smalls;
-several editorials from leading newspapers; also a few of
-many letters received by him from all parts of the country
-congratulating him for the manly spirit displayed by
-him and the other colored delegates, whenever the rights of
-their race were in jeopardy.</p>
-
-<p>Indeed, it may have been an object lesson, planned by the
-All-wise God, to teach the haughty, boastful sons of Carolina
-that there are Negroes capable and amply qualified in every respect
-to protect themselves whenever it becomes necessary to
-do so; that those few representatives of the race were but a <em>very
-small</em> part of the rising host that time and education are bringing
-forward day by day in spite of lynching, caste prejudice
-or any methods used against them.</p>
-
-<p>No stenographers were employed by the Convention, the
-speeches were not written, and are therefore not given in full,
-but just as they were published in the papers of the State.</p>
-
-<p class="ir2 p-1">SARAH V. SMALLS.</p>
-
-
-<hr class="chap" />
-
-
-<div class="chapter">
-<p><span class="pagenum">[4]</span></p>
-<h2 class="nobreak"><span class="smcap">Plan of Suffrage.</span></h2>
-</div>
-
-
-<p>The following plan of suffrage was introduced by Hon.
-Robert Smalls and referred to the suffrage committee, which
-reported it unfavorably, notwithstanding that he went before
-the committee and made a strong speech in advocacy of the
-said plan, and said report was adopted by the Convention:</p>
-
-<p><span class="smcap">Section 1.</span> In all elections by the people the electors shall
-vote by ballot.</p>
-
-<p><span class="smcap">Sec. 2.</span> Every male citizen of the United States of the age
-of twenty-one years and upwards, not laboring under the
-disabilities named in this Constitution, without distinction of
-race, color or former condition, who shall be a resident of
-this State at the time of the adoption of this Constitution, or
-who shall thereafter reside in this State one year, and in the
-county in which he offers to vote sixty days next preceding
-any election, shall be entitled to vote for all officers that are
-now or hereafter may be elected by the people, and upon all
-questions submitted to the electors at any elections; provided,
-That no person shall be allowed to vote or hold office who
-is now, or hereafter may be, disqualified therefor by the Constitution
-of the United States, until such disqualification shall
-be removed by the Congress of the United States; provided,
-further, That no person while kept in any alms house or
-asylum, or any of unsound mind, or confined in any public
-prison, shall be allowed to vote or hold office.</p>
-
-<p><span class="smcap">Sec. 3.</span> It shall be the duty of the General Assembly to
-provide from time to time for the registration of all electors.</p>
-
-<p><span class="smcap">Sec. 4.</span> For the purpose of voting, no person shall be
-deemed to have lost his residence by reason of absence while
-employed in the service of the United States, nor while engaged
-upon the waters of this State, or the United States, or
-the high seas, nor while temporarily absent from the State,
-or removing from one house to another or from one place to
-another in the same precinct.</p>
-
-<p><span class="pagenum">[5]</span></p>
-
-<p><span class="smcap">Sec. 5.</span> No soldier, seaman or marine in the army or navy
-of the United States shall be deemed a resident of this State
-in consequence of having been stationed therein.</p>
-
-<p><span class="smcap">Sec. 6.</span> Electors shall in all cases, except treason, felony,
-or breach of the peace, be privileged from arrest and civil
-process during attendance at elections and in going to and
-returning from the same.</p>
-
-<p><span class="smcap">Sec. 7.</span> Every person entitled to vote at any election shall
-be eligible to any office, which now is, or hereafter shall be
-elective by the people in the county where he shall have resided
-sixty days previous to such election, except as otherwise
-provided in this Constitution or the Constitution and
-laws of the United States.</p>
-
-<p><span class="smcap">Sec. 8.</span> The General Assembly shall never pass any law
-that will deprive any of the citizens of this State of the right
-of suffrage, except for treason, murder, robbery, or duelling,
-whereof the persons shall have been duly tried and convicted.</p>
-
-<p><span class="smcap">Sec. 9.</span> Presidential electors shall be elected by the people.</p>
-
-<p><span class="smcap">Sec. 10.</span> In all elections, State and Federal, there shall be
-but one ballot box, and one ticket for each party or faction
-thereof, with the names of all the candidates thereon. There
-shall be three commissioners of election for each county and
-three managers for each polling precinct, not more than two
-of whom shall be of the same political party.</p>
-
-<p><span class="smcap">Sec. 11.</span> In all elections held by the people under this
-Constitution the person or persons who shall receive the
-highest number of votes shall be declared elected.</p>
-
-
-<hr class="chap" />
-
-
-<div class="chapter">
-<h2 class="nobreak"><span class="smcap">On the Suffrage.</span></h2>
-</div>
-
-
-<p><span class="smcap">Mr. President</span>: I have been asked whether I would speak
-on this important matter. I replied that it all depended on
-circumstances whether or not I would. The circumstances<span class="pagenum">[6]</span>
-are such that I have made up my mind to make a short
-speech on the general bill, and content myself with the vote
-I will cast on the amendments and sections as they are
-brought up; inasmuch as I have been perfectly pleased with
-the speeches made last night, and the one just concluded by
-the representatives from my county, as I feel that they echo
-the sentiments not only of the county they represent, but the
-entire race in the State, and every one I could claim to represent.
-I endorse their utterances in the language of Mr. Cash
-when he said he endorsed “every syllable” and accepted it
-as his own in this letter. I want to hear some of the speeches
-on the other side, because I do not like this matter that is
-called Indian file, as it seems now we are to form a Negro
-file in this Convention. I will only say that this Convention
-has violated the principle laid down in the Constitution under
-which we are now living, it giving the right for any two
-members to call for an “aye” and “nay” vote, but the skillful
-chairman of the committee on rules, from Edgefield, I
-mean ex-governor No. 1, (laughter) has made a rule which
-requires 10, four above the number we have, to call for the
-“aye” and “nay” vote, hence we cannot put the members on
-record without the assistance of some of the white members
-of the Convention. They formed a “dark corner” over there
-by themselves.</p>
-
-<p>I was born and raised in South Carolina and to-day I live
-on the very spot on which I was born, and I expect to remain
-here as long as the great God allows me to live, and I
-will ask no one else to let me remain. I love this State as
-much as any member of this Convention, because it is the
-garden spot of the South.</p>
-
-<p>Mr. President, this Convention has been called for no other
-purpose than the disfranchisement of the Negro. Be careful
-and bear in mind that the elections which are to take place
-early next month in very many of the States are watching
-the action of this Convention, especially on the suffrage question.<span class="pagenum">[7]</span>
-Remember that the Negro was not brought here of his
-own accord. I found by reference to a history in the Congressional
-Library in Washington, written by Neil, that he
-says that in 1619, in the month of June a Dutch man-of-war
-landed at Jamestown, Va., with 15 sons of Africa aboard, at
-the time Miles Kendall was deputy Governor of Virginia.
-He refused to allow the vessel to be anchored in any of her
-harbors. But he found out after his order had been sent out
-that the vessel was without provisions, and the crew was in a
-starving condition. He countermanded his order, and supplied
-the vessel with the needed provisions in exchange for
-14 Negroes. It was then that the seed of slavery was planted
-in the land. So you see we did not come here of our own
-accord; we were brought here in a Dutch vessel, and we have
-been here ever since. The Dutch are here and are controlling
-the business of Charleston to-day. They are not to
-blame, and are not being blamed.</p>
-
-<p>We served our masters faithfully, and willingly, and as we
-were made to do for 244 years. In the last war you left them
-home. You went to the war, fought, and came back home,
-shattered to pieces, worn out, one-legged, and found your
-wife and family being properly cared for by the Negroes you
-left behind. Why should you now seek to disfranchise a race
-that has been so true to you?</p>
-
-<p>This Convention has a good leader in the person of the
-distinguished gentleman from Edgefield. Mr. President, when
-men go out shooting and want to shoot straight, they are
-compelled to shut one eye, and this leader uses only one eye
-in this Convention, hence he is always striking the bull’s eye;
-let him beware lest he strikes it one time too often. (Laughter.)</p>
-
-<p>Since Reconstruction times 53,000 have been killed in the
-South, and not more than three white men have been convicted
-and hung for these crimes. I want you to be mindful
-of the fact that the good people of the North are watching
-this Convention upon this subject. I hope you will make a<span class="pagenum">[8]</span>
-Constitution that will stand the test. I hope that we may be
-able to say when our work is done that we have made as good
-a Constitution as the one we are doing away with.</p>
-
-<p>The Negroes are paying taxes in the South on $263,000,000
-worth of property. In South Carolina, according to the census,
-the Negroes pay tax on $12,500,000 worth of property.
-That was in 1890. You voted down without discussion
-merely to lay on the table, a proposition for a simple property
-and educational qualification. What do you want? You tried
-the infamous eight-box and registration laws until they were
-worn to such a thinness that they could stand neither the test
-of the law nor of public opinion. In behalf of the 600,000
-Negroes in the State and the 132,000 Negro voters all that I
-demand is that a fair and honest election law be passed. We
-care not what the qualifications imposed are: all that we ask
-is that they be fair and honest and honorable, and with these
-provisos we will stand or fall by it. You have 102,000 white
-men over 21 years of age; 13,000 of these cannot read nor
-write. You dare not disfranchise them; and you know that
-the man who proposes it will never be elected to another
-office in the State of South Carolina. But whatever Mr. Tillman
-can do, he can make nothing worse than the infamous
-eight-box law, and I have no praise for the Conservatives, for
-they gave the people that law. Fifty-eight thousand Negroes
-cannot read nor write. This leaves a majority of 14,000 white
-men who can read and write over the same class of Negroes
-in this State. We are willing to accept a scheme that provides
-that no man who cannot read nor write can vote, if you
-dare pass it. How can you expect an ordinary man to “understand
-and explain” any section of the Constitution, to correspond
-to the interpretation put upon it by the manager of
-election, when by a very recent decision of the Supreme
-Court, composed of the most learned men in the State, two
-of them put one construction upon a section, and the other
-Justice put an entirely different construction upon it. To embody<span class="pagenum">[9]</span>
-such a provision in the election law would be to mean
-that every white man would interpret it aright and every
-Negro would interpret it wrong. I appeal to the gentleman
-from Edgefield to realize that he is not making a law for
-one set of men. Some morning you may wake up to find that
-the bone and sinew of your country is gone. The Negro is
-needed in the cotton fields and in the low country rice fields,
-and if you impose too hard conditions upon the Negro in this
-State there will be nothing else for him to do but to leave.
-What then will you do about your phosphate works? No
-one but a Negro can work them: the mines that pay the interest
-on your State debt. I tell you the Negro is the bone
-and sinew of your country and you cannot do without him.
-I do not believe you want to get rid of the Negro, else why
-did you impose a high tax on immigration agents who might
-come here to get him to leave?</p>
-
-<p>Now, Mr. President, we should not talk one thing and mean
-another. We should not deceive ourselves. Let us make a
-Constitution that is fair, honest and just. Let us make a
-Constitution for all the people, one we will be proud of and our
-children will receive with delight. Don’t let us act like a
-gentleman said he talked. The other day a gentleman told
-me that a prominent lawyer, a member of this Convention,
-made a very bitter speech against the Negro while he was a
-candidate for election to this Convention. After the lawyer
-had concluded his speech of bitterness against the Negro and
-in favor of white supremacy, some colored men waited on
-him and asked him why he had made such a bitter speech
-against them, saying they had regarded the gentleman as
-their friend, as he had often acted as their lawyer. This gentleman
-replied to them: “Don’t mind my speech. I am a
-friend to the Negro, but I have got to make bitter speeches to
-fool the Crackers because I want their votes.” Gentlemen, I
-warn you that you can fool the Crackers when you talk to
-them, but if you pass this ordinance that has been proposed<span class="pagenum">[10]</span>
-by the committee on suffrage you will fool nobody, for every
-person in the nation has been informed of your speeches on
-the stump and you will not be able to explain it away as that
-lawyer did his words of bitterness to the colored men who
-waited on him.</p>
-
-<p>Mr. President, strange things have happened and I have been
-shocked in my life, but the greatest surprise of my life was
-when the distinguished lawyer from Barnwell, Mr. Aldrich,
-introduced a Constitution in this Convention that was taken
-verbatim et literatim from the Constitution of ’65 and the
-black code of ’66, which deprived every Negro from holding
-an office in this State, notwithstanding that Constitution and
-black code were rejected by Congress. That Constitution
-caused the passage of the acts of reconstruction by Congress
-and made it necessary for the Constitutional Convention of
-1868, which gave to you the best Constitution of any one of
-the Southern States. Let us make a Constitution, Mr. President,
-that will demand the respect of mankind everywhere,
-for we are not above public opinion. While in Washington
-a committee of capitalists came over from England hunting
-for timber land in which to invest. One of South Carolina’s
-Representative in Congress called upon those gentlemen and
-informed them that there were large tracts of land in Beaufort
-County, in the Township of Blufton, for sale. They inquired
-for the name of the State, and when they were informed
-that the timber lands were in South Carolina they
-answered: “You need not go any further, as our instructions
-were, before we left England, not to invest money in a State
-where life and property was not secure under the law.” In
-God’s name let us make a Constitution that will receive
-the approval of everybody&mdash;the outside world as well as those
-at home.</p>
-
-<p>Some time ago I heard the distinguished gentleman from
-Edgefield, I mean Mr. George D. Tillman, say that the white
-man wanted elbow room, and I suppose that this is what this<span class="pagenum">[11]</span>
-suffrage plan is proposed to give him. Again, the other day,
-in this Convention, I heard him make a very eloquent speech
-on the township government bill, but before he got through
-he had acted like the good Jersey cow, which gave her two
-gallons of milk, and, though she did not put her foot in it
-before she was through, she had shaken so much dirt from
-her tail into the pail that we could not accept the milk.
-[Laughter.]</p>
-
-<p>Now, Mr. President, I will not detain this Convention, as
-I had no intention of making a speech upon this subject, as I
-said before; but now, sir, in the language of Mr. E. B. Cash,
-in his letter received from the distinguished “Bald Eagle,” of
-Edgefield, Gen. Mart Gary, (holding up the letter) let me say
-that I endorse every letter, syllable, verbatim et literatim, and
-accept as my own the speeches made by my colleagues last
-night and this morning. And I would, therefore, ask that the
-Convention will not vote down the substitute for the suffrage
-bill introduced by my colleague, Mr. Whipper, as they did
-that of Mr. Wigg, by a simple motion to lay on the table, but
-will allow this matter to go over, as the attendance is very
-slim, until Monday. I ask the Senator from Edgefield if
-he intends to press this matter to a vote this afternoon.</p>
-
-<p>Senator Tillman remarked that that was what he proposed
-to do.</p>
-
-<p>Smalls&mdash;Ah! I am beginning to know the Senator at last.
-[Laughter.]</p>
-
-
-<hr class="chap" />
-
-
-<div class="chapter">
-<h2 class="nobreak"><span class="smcap">Suffrage Plan Adopted.</span></h2>
-</div>
-
-
-<p>The following is the plan reported by the suffrage committee,
-which was adopted by the Convention, and which is
-now a part of the Constitution of South Carolina:</p>
-
-<p class="center largefont">ARTICLE II.</p>
-
-<p class="center">RIGHT OF SUFFRAGE.</p>
-
-<p><span class="smcap">Section 1.</span> All elections by the people shall be by
-ballot<span class="pagenum">[12]</span>
-and elections shall never be held or the ballots counted in
-secret.</p>
-
-<p><span class="smcap">Sec. 2.</span> Every qualified elector shall be eligible to any
-office to be voted for, unless disqualified by age as prescribed
-in this Constitution. But no person shall hold two offices of
-honor or profit at the same time, except that any person holding
-another office may at the same time be an officer in the
-military and a notary public.</p>
-
-<p><span class="smcap">Sec. 3.</span> Every male citizen of this State and of the United
-States 21 years of age and upwards, not laboring under the
-disabilities named in this Constitution and possessing the
-qualification required by it, shall be an elector.</p>
-
-<p><span class="smcap">Sec. 4.</span> The qualifications for suffrage shall be as follows:</p>
-
-<p>(a) Residence in the State for two years, in the county one
-year, in the polling precinct in which the elector offers to
-vote four months, and the payment six months before any
-election of any poll tax then due and payable; provided, however,
-that ministers in charge of an organized church and
-teachers of public schools shall be entitled to vote after six
-months residence in the State, if otherwise qualified.</p>
-
-<p>(b) Registration, which shall provide for the enrollment
-of every elector once in ten years and also an enrollment
-during each and every year of every elector not previously
-registered under the provisions on this article.</p>
-
-<p>(c) Up to January 1, 1898, all male persons of voting age
-applying for registration who can read any section in this
-Constitution submitted to them by the registration officer, or
-understand and explain it when read to them by the registration
-officer shall be entitled to register and become electors.
-A separate record of all persons registered before January 1,
-1898, sworn to by the registration officer shall be filed, one
-copy with the clerk of court and one in the office of the secretary
-of the state, on or before February 1, 1898, and such
-persons shall remain during life qualified electors unless disqualified
-by the other provisions of this article. The certificate<span class="pagenum">[13]</span>
-of the clerk of court or Secretary of State shall
-be sufficient evidence to establish the right of said citizens to
-any subsequent registration and the franchise under the
-limitations herein imposed.</p>
-
-<p>(d) Any person who shall apply for registration after
-January 1st, 1898, if otherwise qualified, shall be registered;
-provided, that he can both read and write any section of this
-Constitution submitted to him by the registration officer, or
-can show that he owns and has paid all taxes collectible
-during the previous year on property in this State assessed
-at $300 or more.</p>
-
-<p>(e) Managers of elections shall require of every elector
-offering to vote at any election, before allowing him to vote,
-proof of the payment of all taxes, including poll tax, assessed
-against him and collectible during the previous year.
-The production of a certificate or of the receipt of the
-officer authorized to collect such taxes shall be conclusive
-proof of the payment thereof.</p>
-
-<p>(f) The general assembly shall provide for issuing to each
-duly registered elector a certificate of registration and shall
-provide for the renewal of such certificate when lost, mutilated
-or destroyed, if the applicant is still a qualified elector under
-the provisions of this Constitution, or if he has been registered
-as provided in subsection (c).</p>
-
-<p><span class="smcap">Sec. 5.</span> Any person denied registration shall have the right
-to appeal to the Court of Common Pleas or any judge thereof,
-and thence to the Supreme Court, to determine his right
-to vote under the limitations imposed in this article, and on
-such appeal the hearing shall be de novo and the General
-Assembly shall provide by law for such appeal and for the
-correction of illegal and fraudulent registration, voting and
-all other crimes against the election laws.</p>
-
-<p><span class="smcap">Sec. 6.</span> The following persons are disqualified from being
-registered or voting:</p>
-
-<p>First. Persons convicted of burglary, arson, obtaining goods<span class="pagenum">[14]</span>
-or money under false pretenses, perjury, forgery, robbery, bribery,
-adultery, bigamy, wife-beating, housebreaking, receiving
-stolen goods, breach of trust with fraudulent intent, fornication,
-sodomy, incest, assault with intent to ravish, miscegenation,
-larceny, or crimes against the election laws; provided,
-that the pardon of the Governor shall remove such
-disqualification.</p>
-
-<p>Second. Persons who are idiots, insane, paupers supported
-at the public expense, and persons confined in any public
-prison.</p>
-
-<p><span class="smcap">Sec. 7.</span> For the purpose of voting, no person shall be
-deemed to have gained or lost a residence by reason of his
-presence or absence while employed in the service of the
-United States, nor while engaged in the navigation of the
-waters of this State, or the United States or of the high seas,
-nor while a student of any institution of learning.</p>
-
-<p><span class="smcap">Sec. 8.</span> The general assembly shall provide by law for the
-registration of all qualified electors and shall prescribe the
-manner of holding elections and of ascertaining the results,
-of the same; provided, at the first registration under this
-Constitution, and until the 1st of January, 1898, the registration
-shall be conducted by a board of three discreet persons
-in each county, to be appointed by the governor, by and with
-the advice and consent of the senate. For the first registration
-to be provided for under this Constitution, the registration
-books shall be kept open for at least six consecutive
-weeks, and thereafter from time to time at least one week in
-each month, up to 30 days next preceding the first election
-to be held under this Constitution. The registration books
-shall be public records open to the inspection of any citizen
-at all times.</p>
-
-<p><span class="smcap">Sec. 9.</span> The general assembly shall provide for the establishment
-of polling precincts in the several counties of the
-State and those now existing shall so continue until abolished
-or changed. Each elector shall be required to vote at his<span class="pagenum">[15]</span>
-own precinct, but provision shall be made for his transfer to
-another precinct upon his change of residence.</p>
-
-<p><span class="smcap">Sec. 10.</span> The general assembly shall provide by law for
-the regulation of party primary elections and punishing fraud
-at the same.</p>
-
-<p><span class="smcap">Sec. 11.</span> The registration books shall close at least 30
-days before an election, during which time transfers and registration
-shall not be legal; provided, persons who will become
-of age during that period shall be entitled to registration
-before the books are closed.</p>
-
-<p><span class="smcap">Sec. 12.</span> Elector in municipal elections shall possess the
-qualifications and be subject to the disqualifications herein
-prescribed. The production of a certificate of registration
-from the registration officers of the county as an elector at a
-precinct included in the incorporated city or town in which
-the voter desires to vote is declared a condition prerequisite
-to his obtaining a certificate of registration for municipal elections,
-and in addition he must have been a resident within the
-corporate limits at least four months before the election and
-have paid all taxes due and collectible for the preceding fiscal
-year. The general assembly shall provide for the registration
-of all voters before each election in municipalities; provided,
-that nothing herein contained shall apply to any municipal
-election which may be held prior to the general election
-of the year 1896.</p>
-
-<p><span class="smcap">Sec. 13.</span> In authorizing a special election in any incorporated
-city or town in this State for the purpose of bonding
-the same, the general assembly shall prescribe as a condition
-precedent to the holding of said election a petition from a
-majority of the freeholders of said city or town as shown by
-its tax books, and at such elections all electors of such
-city or town who are duly qualified for voting under section
-12 of this article, and who have paid all taxes, State, county,
-municipal, for the previous year, shall be allowed to vote,
-and the vote of a majority of those voting in said elections
-shall be necessary to authorize the issue of said bonds.</p>
-
-<p><span class="pagenum">[16]</span></p>
-
-<p><span class="smcap">Sec. 14.</span> Electors shall in all cases except treason, felony
-or breach of peace, be privileged from arrest on the days of
-election during their attendance at the polls and going and
-returning therefrom.</p>
-
-<p><span class="smcap">Sec. 15.</span> No power, civil or military, shall at any time interfere
-to prevent the free exercise of the right of suffrage in
-this State.</p>
-
-<p>The Convention having under consideration the Legislative
-Department Ordinance, when Section 34 was reached,
-which reads:</p>
-
-<p>“The marriage of white persons with a Negro or a mulatto,
-or person who shall have one-eighth or more of Negro blood,
-shall be unlawful and void;”</p>
-
-<p>he proposed an amendment adding after the word “void” in
-the second line, the words “and any white person who lives
-and cohabits with a Negro, mulatto, or person who shall have
-one-eighth or more of Negro blood, shall be disqualified from
-holding any office of emolument or trust in this State, and the
-offspring of any such living or cohabiting shall bear the name
-of the father, and shall be entitled to inherit and acquire property
-the same as if they were legitimate.” He then spoke as
-follows:</p>
-
-<p>“<span class="smcap">Mr. President</span>: I hope this amendment will be adopted.
-Sir, there is not a colored man or woman of any respectability,
-not only in South Carolina, but in the whole country,
-that does not oppose the intermarriage of the races. There
-are very few, if any exceptions, in South Carolina, where a
-white man ever married a respectable colored woman or a
-colored man married a respectable white woman. The facts
-in the case are, that the white woman that marries a Negro
-man as a rule has been an outcast by her race, and the colored
-woman that marries a white man, has no standing with
-the respectable women of her race, and the white man no
-better with his. I cannot see why you want to prevent the intermarriage
-of the races, when they want to legitimize their<span class="pagenum">[17]</span>
-actions, unless you adopt my amendment, prohibiting the
-cohabitation of the white men with the Negro women. Mr.
-President, and gentlemen of this Convention let me give you
-a little statistic, showing you, if it is possible, to do so, the
-wrongs you, or your fore-fathers have done to my race. Let
-us stop it, if we can; I fear not, but let us put it in the fundamental
-laws of this State.</p>
-
-<p>“The number of Americans of African descent, wholly and
-in part, returned to the census bureau in 1890 was 7,470,035.
-These were divided as follows: Pure Africans, 6,337,980;
-mulattoes 956,987; quadroons, 105,132; octoroons, 69,936.
-The total mixed bloods, white and black, was 1,132,060 in the
-whole country, and a third of these are above the Mason and
-Dixon line.</p>
-
-<p>“Mr. President, a careful perusal of the census, also history,
-shows that more than three-fourths of the mothers of this
-large number of mixed blood whom you seek to legislate
-against, are colored women, if so, who could have been their
-fathers? Do not any of you rise and deny this, because I am
-no lawyer, but know enough about it that I cannot impeach
-my own witness. A careful perusal of the census, also shows
-in the State, that this one-fourth that lives beyond Mason and
-Dixon’s line shows fully that three-fourths of the one-fourth
-of the mixed blood were born in the Southern States. So you
-see, gentlemen, you are responsible for the wrongs that have
-been done; let us in the name of God, and in behalf of virtue,
-try and put a stop to this cohabitation. I could but admire a
-few days ago, when the gentlemen upon this floor spoke so
-highly of the women of this State, I am mindful of the fact
-that when they spoke of the women of this State that they
-spoke of the white women. I can but echo their sentiment,
-and do say, that I believe them to be as pure women as
-can be found anywhere in the world. I have not been strongly
-in favor of female suffrage, but since your discussion on the
-Divorce Law I feel I shall have to vote for the suffrage in<span class="pagenum">[18]</span>
-order that they may pass a law or laws that will make you as
-pure as they are. We have, sir, as pure colored women in
-South Carolina and in this country, as any race upon this
-earth. Sir, that evil, known as slavery caused all of this. This
-wrong was done by you all, owning them as your slaves. Sir,
-no act of yours will prevent a white man from marrying
-a colored woman or a colored man from marrying
-a white woman, who have the means to go in
-another State. There are many States in the Union,
-that do not prevent them marrying and they can go
-and get married and you cannot help yourself. I have in my
-mind distinctly, a colored man and a white woman who were
-in love with each other, and who wanted to get married, but
-this man recited to her the law on your Statute book that
-prohibited the intermarriage of the races. This lady stated
-that there were no such laws in the district of Columbia, New
-York or Massachusetts. She was as pure a lady as there is.
-I only cite this because it is a matter that you cannot control
-except directly in the State. This entire matter, sir, has no
-right in the Constitution of the State, if your women are as
-pure as you stated, and I have reason to believe that they are,
-they can be trusted; then why the necessity of this being
-placed in the Constitution? Can you not trust yourselves? Is
-it because that these wrongs have been perpetrated here,
-since the formation of the Government, that you feel that
-you can’t be trusted? When I say you, I mean the white men
-of the entire State. I fear not; hence I trust the amendment will
-be adopted. These wrongs have been done, and are still being
-done, it is not done by colored men, it is done by white men.
-If a Negro should improperly approach a white woman,
-his body would be hanging on the nearest tree filled with air
-holes before daylight the next morning&mdash;and perhaps properly
-so. If the same rule were applied on the other side, and white
-men who insulted or debauched Negro women were treated
-likewise, this Convention would have to be adjourned sine
-die for lack of a quorum.</p>
-
-<p><span class="pagenum">[19]</span></p>
-
-<p>“The gentleman called me to order stating that I had reflected
-on the Convention. I do not wish to reflect on the
-Convention. I do not wish to reflect on the Convention, but
-do say, that if he has clean hands he will keep his seat, because
-I do not mean to reflect on any man who objects to the
-intermarriage of a Negro or Mulatto woman with a white man,
-and is willing to prohibit the cohabitation, which is the root
-and branch of this evil. Stop this evil, and there will be no
-occasion for your intermarriage law. Sir, I oppose the intermarriage
-of the races as strongly as you do, and I feel that
-I echo the sentiment of the respectable class of both sides;
-because with few exceptions, we find these marriages are
-among the lower element of both races, and, therefore, they degrade
-and not elevate either race. But sir, don’t tell me that
-you will make a law to prevent lawful marriages and give full
-license to illicit marriages. Watch the census of each decade,
-you will clearly see that this vice is decreasing among our
-people; as they are progressing educationally they are raising
-themselves out of this degradation, that your race has placed
-upon them. Now sir, I say, prohibit intermarriage of the
-races, also make a law as binding against cohabitation. Then
-you will make your men as true as your women. And our
-race will be freed from a vice, that is as degrading as the system
-of slavery. Again sir, in behalf of my race, I hope that
-the amendment to the section under consideration will be
-adopted and become a part of the Constitution of the State.”</p>
-
-<p>The introduction of this amendment caused a great deal of
-discussion, which showed plainly that South Carolina had no
-idea of punishing white men for wrong done to colored
-women, nor would she allow the wrong to be rectified, and
-the original Section 34 was adopted, and is now the fundamental
-law of the State.</p>
-
-<p>On <a href="#Ref_20">page (20-22)</a> we have selected two editorials on this
-amendment, also a telegram on <a href="#Ref_23">page 23</a>.</p>
-
-<p><span class="pagenum">[20]</span></p>
-
-<p>The following is clipped from Section 6 on Education.
-There are in this State several thousand soldiers who fought
-for the perpetuity of the Union, yet they are compelled to pay
-the poll tax ten years longer than these who sought to destroy
-it.</p>
-
-<p>“There shall be assessed on all taxable polls in the State
-between the ages of 21 and 60 years (excepting Confederate
-soldiers above the age of 50 years) an annual tax of $1 on
-each poll, the proceeds of which tax shall be expended for
-school purposes in the several school districts in which it is
-collected.”</p>
-
-<p>Claflin College was advocated for colored students, taught
-by Negroes; the best, wherever they could be found, should
-be secured.</p>
-
-<p>The committee on order, style and revision had the work
-ready, and all that was needed was the signature of the members
-to make the Constitution final. The members went up
-in county delegations and signed the new organic law.</p>
-
-<p>President Evans and Vice President Jones signed the new
-Constitution as the officers present, and then came Abbeville
-and the other counties on down. When Beaufort was reached,
-Delegate Smalls asked to be excused from signing the Constitution,
-as he would not sign a Constitution with such an
-article on suffrage. He was unanimously excused. He was
-the only member of the Beaufort delegation present.</p>
-
-<p>Some one during the progress of the signing sent up a resolution
-that members not signing the Constitution should not
-be paid. Gen. Smalls said he would walk home rather than
-sign the instrument. President Evans did not press the resolution,
-and members generally thought lightly of the matter,
-and it was not even put to the Convention.</p>
-
-<hr class="tb" />
-
-<p id="Ref_20" class="center"><span class="smcap">Editorial from the (N. Y.) Press,
-Oct. 5, 1895.</span></p>
-
-<p>We can recall no more brilliant moral victory of a parliamentary<span class="pagenum">[21]</span>
-minority than that gained on Thursday in the South
-Carolina Constitutional Convention by the representatives
-of the race about to be disfranchised for lack of intelligence
-wherewith to vote. In so characterizing the attack of these
-black delegates we have in mind the extraordinary ends accomplished
-with minorities by Mr. Randall, Mr. Blaine and
-Mr. Reed, the chief parliamentarians of our generation.</p>
-
-<p>In this case the white majority laid themselves open to the
-flank movement, which Robert Smalls had evidently meditated
-throughout the session, by introducing a quite supererogatory
-article for the amendment of mixed marriages.
-The black leader instantly moved an amendment providing
-that illicit as well as legal unions between the races should
-be prohibited. He proposed to disqualify all men&mdash;and this
-of course would mean only white men&mdash;who were parties to
-such unions. He proposed that the offspring of such unions
-should take their fathers’ names.</p>
-
-<p>Senator Tillman, who seems, though the author of this
-new secession of South Carolina, to be the only man in the
-Convention who appreciates in the slightest degree the effect
-of its actions upon outside public opinion, proceeded at once
-to save his record by espousing the Negro cause. He cut
-himself loose promptly from the majority in the course into
-which he knew its provincial ignorance would direct it. He
-went so far as roundly to berate his own chairman for his
-attempt to choke off the plea of the black men for the integrity
-of black women.</p>
-
-<p>It was hardly a debate that followed. It was an arraignment
-which culminated when Mr. Smalls, after approving
-the punishment which lynch law has meted out to the worst
-offenders of his race, said:</p>
-
-<p>“If the same rule were applied on the other side and white
-men were treated likewise, I fear this Convention would have
-to be adjourned for lack of a quorum.”</p>
-
-<p><span class="pagenum">[22]</span></p>
-
-<p>The “burst of laughter” which followed this threw an interesting
-light on the morals and manners of South Carolina.
-It showed the state of civilization depicted in “Tom Jones.”
-A Convention composed entirely of Squire Westerns would
-have met such an impeachment in a precisely similar way.
-Having satisfied their sense of humor the delegates killed the
-amendment and passed the mixed marriages article.</p>
-
-<p>This seizure of a parliamentary advantage in so sudden
-and effective a manner as to cause the majority leader to
-abandon his forces and leave them to expose their moral
-nakedness to the world was more than equal to Mr. Blaine’s
-rout of the Rebel Brigadiers in the famous Amnesty Debate.
-For those gentry managed to fan and sponge Ben Hill into
-the ring again, and these remained “out of time.”</p>
-
-<p>And in no one other way could the Negroes have so convincingly
-proved to the world their right to the ballot than
-by this victory of black mind over white matter. It is now
-made plain, as it was made plain by the first laws passed by
-the unreconstructed Legislature of the same State after the
-war, that the fear of Negro domination is not born so much
-of a regard for the numbers as for the developed intellectual
-ability of the blacks. It is not Negro ignorance, but Negro
-intelligence, that is feared.</p>
-
-<hr class="tb" />
-
-<p class="center"><span class="smcap">Editorial from the News and Courier, the Leading
-Democratic Paper of Charleston, S. C.</span>, Nov. 23, 1895.</p>
-
-<p>The troublesome matter of miscegenation was settled
-finally by the adoption of the provision that “the marriage of
-a white person with a Negro or mulatto, or person who shall
-have one-eighth of Negro blood, shall be unlawful and void”
-hereafter. The provision would have been strengthened and
-improved by the adoption of Gen. Smalls’ proposed addition
-to it that “any white person who lives and cohabits with<span class="pagenum">[23]</span>
-such persons should be disqualified from holding office of
-emolument or trust in this State, and the offspring of such
-living or cohabiting shall bear the name of the father,” but
-the Convention rejected the addition by the largest vote recorded
-recently. Its action was a mistake. The addition
-was a proper corollary to the section adopted, and should
-have been extended to disqualify from voting, as well as holding
-office, the class of offenders at which it was aimed. Of
-the two offences&mdash;miscegenation within the marriage bond and
-miscegenation without it&mdash;the latter is the greater social evil.
-It should have been treated accordingly. The action of the
-Convention in this instance and its action of the preceding
-day in reducing the age of consent to the limits of childhood
-will inevitably be construed together to the injury and reproach
-to the State. Both decisions should not stand. Taken
-together they offer a premium for a condition of affairs which
-is condemned alike by every dictate of sound morals and of
-the public sentiment of the State. Miscegenation is contrary
-to the law of nature.</p>
-
-<hr class="chap" />
-
-
-<div class="chapter">
-<h2 id="Ref_23" class="nobreak">TELEGRAM.</h2>
-</div>
-
-
-<p class="ir2"><span class="smcap">Boston, Mass.</span>, Oct. 16, 1895.</p>
-
-<p class="p-1">To the Hon. Robert Smalls, Columbia, S. C:</p>
-
-<p>Dear Sir: A body of clergymen and laymen in Convention
-assembled in the City of Boston, Mass., congratulate you for
-the stand you took for virtue and chastity in the Constitutional
-Convention of South Carolina, on Oct. 2d, current. The
-Christian Churches are with you in the struggle, indeed, the
-civilized world indorses the sentiment expressed by you.
-May God save the State of South Carolina from its barbarism.</p>
-
-<div class="ir2">
-<p class="displayinline" style="vertical-align:top; margin-left:20em">(Signed)</p>
-
-<p class="displayinline il2"><span class="smcap">Rev.</span> WM H. SCOTT.<br />
-CLIFFORD H. PLUMMER, Sec.<br />
-P. L. PEMBERTON.</p>
-</div>
-
-<hr class="chap" />
-
-<div class="chapter">
-<p><span class="pagenum">[24]</span></p>
-<h2 class="nobreak">LETTERS OF CONGRATULATION.</h2>
-</div>
-
-<div class="ir2">
-<p class="displayinline"><span class="smcap">2121 North 29th Street</span><br />
-<span class="smcap">Philadelphia</span>, October 30, 1895.</p>
-<p class="displayinline" style="font-size:250%;position:relative;top:-0.09em">}</p></div>
-
-<p class="p-1">Gen. Robert Smalls, Columbia, S. C.:</p>
-
-<p>My Dear General&mdash;I am very desirous of procuring a copy
-of each one of the speeches delivered in your Convention at
-Columbia on the suffrage question. If you have within easy
-reach any or all of them in print, I shall esteem it as a favor
-if you will kindly forward to me here such of them as you
-can readily spare. And let me say to you, my dear General,
-what has, I presume, been said to you already, that the dignity,
-courage and signal ability with which you and your Republican
-colleagues at Columbia, have asserted and maintained
-manhood rights and the just claims of all citizens to
-fair play under the supreme law of the land as well as under
-the civilization of our times, have touched the heart of the
-great North and called forth its soberest approval and its high
-admiration.</p>
-
-<p>Indeed, it is felt here that, in your statements, your arguments
-and warnings, you have covered the whole case and
-done lasting honor to the Negro race and to American patriotism.
-All hail to you and your noble band of Spartans at
-Columbia!</p>
-
-<p class="ir2 p-1"><span style="padding-right:3em">Yours very sincerely,</span><br />
-E. C. BOSSETT.</p>
-
-<hr class="tb" />
-
-<p class="ir2"><span class="smcap">Newberry</span>, Oct. 28, 1895.</p>
-
-<p class="p-1">Hon. Robert Smalls:</p>
-
-<p>Dear Sir: I take the liberty of expressing to you and
-through you to your colleagues, Messrs. Miller, Wigg and
-Whipper my very great gratification and approval of your
-and their very able and eloquent addresses in behalf of sound
-Republican principles, of justice towards all classes, and of<span class="pagenum">[25]</span>
-fair and honest elections. You all did credit to your race,
-to the Republican party, and as I hope and believe to the
-cause of justice, for I have no doubt your efforts will have
-great influence outside the State. The prompt voting down
-of everything proposed, however fair and moderate, looked
-very much like pre-concerted action, and was not creditable
-to the Convention, either Conservatives or “Reformers.”
-But I should say, keep up the fight at every point along the
-line. Propose amendments to every objectionable section,
-even if they are voted down.</p>
-
-<p class="ir2 p-1"><span style="padding-right:3em">Very Respectfully,</span><br />
-B. O. DUNCAN.</p>
-
-<hr class="tb" />
-
-<div class="ir2">
-<p class="displayinline"><span class="smcap">Adelphi Hotel</span>,<br />
-<span class="smcap">Liverpool</span>, Oct. 6, 1895.</p>
-<p class="displayinline" style="font-size:250%;position:relative;top:-0.09em">}</p></div>
-
-<p class="p-1">Mr. Robert Smalls, Beaufort, S. C.:</p>
-
-<p>Dear Sir&mdash;We have read over here the telegraphic report
-about the metaphorical bomb you threw into the Constitutional
-Convention, with the greatest glee. But not only was
-it the best sort of fuse&mdash;it was loaded, too, with the most explosive
-truth, (it seems to have scattered the ladies.) Such
-jokes as yours make an entrance for the truth when cold
-logic slides off like water from a duck’s back. Gen. Ben
-Butler’s phrase about the contraband of war converted more
-Democrats than Seward’s great speeches. And so I doubt
-not your “little joke” will do more to make the scales drop
-from people’s eyes than even Douglass’ admirable tract
-“Why is the Negro Lynched;” (Of this I will try to send
-you a copy.) Butler’s “Contraband” prepared the way for
-Lincoln’s Emancipation Proclamation. Your resolution, so
-aptly timed, I regard as one of those <em>immense</em> things that influence
-destiny. I do not know how much it will be written
-about in the papers, but I believe it is only second in the<span class="pagenum">[26]</span>
-importance of its influence to Uncle Tom’s Cabin, because of
-its <em>opportuneness</em>. <em>No occasion could have occurred&mdash;none can
-again occur</em>&mdash;when that truth wrapped up in the words of
-your amendment could have reached home to the American
-people&mdash;could have penetrated the harness and armor of the
-late Rebel master. More than that, you have prepared the
-way for one of the greatest books on the relations of the
-Negro and the mulatto to the white race. I speak, of course,
-of Mr. Keeper’s book, “Minden Armies.” At once on reading
-your action and its result in the Convention, I wrote an
-article, intended to be light and attractive, and took it to
-one of the great London dailies, but it was returned as the
-subject was hardly of enough consequence to their constituency,
-their columns being so crowded. I should be very glad
-to have the best report of that meeting that is published, as I
-want to see the details in full. Address me.</p>
-
-<div class="ir2">
-<p class="displayinline"><span style="padding-left:1em">Yours truly,</span><br />
-<span style="padding-left:3em">HORACE J. SMITH,</span><br />
-44 Grosvenor Road, London S. W.</p>
-</div>
-
-<hr class="tb" />
-
-<p class="center"><span class="smcap">Special to the World.</span></p>
-
-<p><span class="smcap">Columbia, S. C.</span>, Sept. 30&mdash;Five of the six Negro delegates
-to the South Carolina Constitutional Convention, which
-proposes to disfranchise the blacks, have joined in the following
-address to the North, through The World:</p>
-
-<p>To the Editor of the World:</p>
-
-<p>The Seventh Constitutional Convention called in South
-Carolina is in session. It has been called for the purpose of
-dealing with the Negro problem. Those who have advocated
-its assembling have been explicit in their declaration of the
-purposes to be accomplished&mdash;the disfranchisement of the
-Negro and the elimination of him entirely, not from a participation
-in elections, for he has not since 1886 had any<span class="pagenum">[27]</span>
-show at all in any of the elections held in the State, but of
-the possibility of the Negro uniting with the conservative
-Democratic faction and thus oust from place and power those
-now in control of the Government. The chief obstacle in the
-way of accomplishing what is desired is the Fourteenth
-and Fifteenth Amendments to the Federal Constitution. This
-difficulty removed, there will be plain sailing.</p>
-
-<p>The Hon. Benjamin Ryan Tillman, who is the head and
-front of the movement, has not been at all politic or hypocritical
-as to his intentions. He has said that his object is to
-disfranchise as many Negroes as he possibly can without disfranchising
-a single white man, except for crime.</p>
-
-<p class="center"><span class="smcap">What the Census Shows.</span></p>
-
-<p>In the State, according to the census of the United States,
-taken in 1890, there were: Negroes over twenty-one years of
-age, 132,949; whites over twenty-one years of age, 102,567; Negro
-majority, 30,292. Of these are illiterate, 58,086
-Negroes and 13,242 whites. Now, it will plainly be seen that
-a purely educational qualification, honestly administered,
-would give the whites 89,415, and the Negroes 74,851 votes;
-white majority, 14,564 votes.</p>
-
-<p>But the nut for Tillman to crack is how he can disfranchise
-the Negro without disfranchising the 13,242 illiterate whites,
-whose votes would be lost entirely to his faction should the
-conservative element nominate and vote an independent
-ticket. The highest vote his faction has ever been able to poll
-in round numbers is 60,000, and the Conservatives 35,000. If
-Tillman’s faction, therefore, should lose 13,242 votes it would
-leave him only 46,758 votes, and the Conservatives 35,000
-votes, and Tillman’s majority over the Conservatives would
-be only 11,758 votes.</p>
-
-<p>It will readily be seen that the 74,851 Negro votes or any<span class="pagenum">[28]</span>
-considerable part of them uniting with the Conservatives
-would make that faction master of the situation, and that is
-what Tillman wants to prevent. He has thus far hypnotized
-the whites of both factions With the scarecrow, “White supremacy,”
-which he has shaken in their faces on every occasion,
-and which he is shrewd enough to know has the same
-effect upon the whites as a red flag has upon an enraged bull.</p>
-
-<p class="center"><span class="smcap">Tillman’s Suffrage Plan.</span></p>
-
-<p>The real truth is that “white supremacy” has never been
-endangered; for even in the days of Republican ascendancy
-all the great offices, and a large majority of all the offices,
-were held by white men, and no one ever thought of making
-it a Negro government. The suffrage plan, as we have been
-informed, as agreed upon by the committee, is as follows:
-Every male citizen twenty-one years of age who has not been
-convicted of crime, and is not an idiot or an inmate of a
-prison or a charitable institution, who can read a section of
-the Constitution to the satisfaction of the officers of election,
-or who can explain said section when read to him to the satisfaction
-of said officers, or who pays taxes on $500 worth
-of real property; or who can satisfy the election officers that
-he has paid all taxes due by him to the State, and who shall
-be duly registered according to law, shall be entitled to vote.</p>
-
-<p>Every one of these provisions, as simple and just as they
-appear, when read by the uninitiated, are freighted with fraud,
-corruption and prostitution of the suffrage. For the officers
-of election are the sole judges of the qualification of the elector,
-and can at their will make the Negro vote or the white
-vote as large or as small as they choose.</p>
-
-<p class="center"><span class="smcap">Instruments of Fraud.</span></p>
-
-<p>Everyone of these innocent little “ors” is the instrument
-of and contains infinite possibilities of fraud, and in the hands<span class="pagenum">[29]</span>
-of election officers, all of whom are members of one party
-and of the same faction, are construed to mean one thing to
-one set of voters and another thing to another set, when they
-offer to register.</p>
-
-<p>As Mr. Creelman has explained in his dispatches, the registration
-officer and his board will have the sole power to
-make voters in South Carolina, as the Supreme Court of the
-State has decided that there is no appeal to any Court of law
-from the acts of election officers. In short, the Convention
-has been called to legalize the frauds which have been perpetrated
-upon the elective franchise in this State since 1876.
-No one can tell or estimate what the vote will be, and that
-question can be answered only by the election officers.</p>
-
-<div class="ir2 p-1 largefont">
-<p class="displayinline">ROBERT SMALLS,<br />
-THOMAS E. MILLER,<br />
-JAMES E. WIGG,<br />
-R. B. ANDERSON,<br />
-ISAIAH REED,</p>
-</div>
-
-<div class="ir1 p-1">
-<p class="displayinline">Republican Members of the Constitutional Convention.<br />
-Columbia, S. C., Sept. 30, 1895.</p></div>
-
-<hr class="tb" />
-
-<div class="chapter">
-<div class="transnote">
-<h2 style="margin-top: 0em">Transcriber’s Notes:</h2>
-
-<p>Punctuation has been made consistent.</p>
-
-<p>Variations in spelling and hyphenation were retained as they appear in
-the original publication, except that obvious typographical errors
-have been corrected.</p>
-</div></div>
-
-
-
-
-
-
-
-
-<pre>
-
-
-
-
-
-End of the Project Gutenberg EBook of Speeches at the Constitutional
-Convention, by Robert Smalls
-
-*** END OF THIS PROJECT GUTENBERG EBOOK SPEECHES--CONSTITUTIONAL CONFERENCE ***
-
-***** This file should be named 63610-h.htm or 63610-h.zip *****
-This and all associated files of various formats will be found in:
- http://www.gutenberg.org/6/3/6/1/63610/
-
-Produced by Charlene Taylor, Craig Kirkwood, and the Online
-Distributed Proofreading Team at https://www.pgdp.net (This
-file was produced from images generously made available
-by The Internet Archive/American Libraries.)
-
-Updated editions will replace the previous one--the old editions will
-be renamed.
-
-Creating the works from print editions not protected by U.S. copyright
-law means that no one owns a United States copyright in these works,
-so the Foundation (and you!) can copy and distribute it in the United
-States without permission and without paying copyright
-royalties. Special rules, set forth in the General Terms of Use part
-of this license, apply to copying and distributing Project
-Gutenberg-tm electronic works to protect the PROJECT GUTENBERG-tm
-concept and trademark. Project Gutenberg is a registered trademark,
-and may not be used if you charge for the eBooks, unless you receive
-specific permission. If you do not charge anything for copies of this
-eBook, complying with the rules is very easy. You may use this eBook
-for nearly any purpose such as creation of derivative works, reports,
-performances and research. They may be modified and printed and given
-away--you may do practically ANYTHING in the United States with eBooks
-not protected by U.S. copyright law. Redistribution is subject to the
-trademark license, especially commercial redistribution.
-
-START: FULL LICENSE
-
-THE FULL PROJECT GUTENBERG LICENSE
-PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK
-
-To protect the Project Gutenberg-tm mission of promoting the free
-distribution of electronic works, by using or distributing this work
-(or any other work associated in any way with the phrase "Project
-Gutenberg"), you agree to comply with all the terms of the Full
-Project Gutenberg-tm License available with this file or online at
-www.gutenberg.org/license.
-
-Section 1. General Terms of Use and Redistributing Project
-Gutenberg-tm electronic works
-
-1.A. By reading or using any part of this Project Gutenberg-tm
-electronic work, you indicate that you have read, understand, agree to
-and accept all the terms of this license and intellectual property
-(trademark/copyright) agreement. If you do not agree to abide by all
-the terms of this agreement, you must cease using and return or
-destroy all copies of Project Gutenberg-tm electronic works in your
-possession. If you paid a fee for obtaining a copy of or access to a
-Project Gutenberg-tm electronic work and you do not agree to be bound
-by the terms of this agreement, you may obtain a refund from the
-person or entity to whom you paid the fee as set forth in paragraph
-1.E.8.
-
-1.B. "Project Gutenberg" is a registered trademark. It may only be
-used on or associated in any way with an electronic work by people who
-agree to be bound by the terms of this agreement. There are a few
-things that you can do with most Project Gutenberg-tm electronic works
-even without complying with the full terms of this agreement. See
-paragraph 1.C below. There are a lot of things you can do with Project
-Gutenberg-tm electronic works if you follow the terms of this
-agreement and help preserve free future access to Project Gutenberg-tm
-electronic works. See paragraph 1.E below.
-
-1.C. The Project Gutenberg Literary Archive Foundation ("the
-Foundation" or PGLAF), owns a compilation copyright in the collection
-of Project Gutenberg-tm electronic works. Nearly all the individual
-works in the collection are in the public domain in the United
-States. If an individual work is unprotected by copyright law in the
-United States and you are located in the United States, we do not
-claim a right to prevent you from copying, distributing, performing,
-displaying or creating derivative works based on the work as long as
-all references to Project Gutenberg are removed. Of course, we hope
-that you will support the Project Gutenberg-tm mission of promoting
-free access to electronic works by freely sharing Project Gutenberg-tm
-works in compliance with the terms of this agreement for keeping the
-Project Gutenberg-tm name associated with the work. You can easily
-comply with the terms of this agreement by keeping this work in the
-same format with its attached full Project Gutenberg-tm License when
-you share it without charge with others.
-
-1.D. The copyright laws of the place where you are located also govern
-what you can do with this work. Copyright laws in most countries are
-in a constant state of change. If you are outside the United States,
-check the laws of your country in addition to the terms of this
-agreement before downloading, copying, displaying, performing,
-distributing or creating derivative works based on this work or any
-other Project Gutenberg-tm work. The Foundation makes no
-representations concerning the copyright status of any work in any
-country outside the United States.
-
-1.E. Unless you have removed all references to Project Gutenberg:
-
-1.E.1. The following sentence, with active links to, or other
-immediate access to, the full Project Gutenberg-tm License must appear
-prominently whenever any copy of a Project Gutenberg-tm work (any work
-on which the phrase "Project Gutenberg" appears, or with which the
-phrase "Project Gutenberg" is associated) is accessed, displayed,
-performed, viewed, copied or distributed:
-
- This eBook is for the use of anyone anywhere in the United States and
- most other parts of the world at no cost and with almost no
- restrictions whatsoever. You may copy it, give it away or re-use it
- under the terms of the Project Gutenberg License included with this
- eBook or online at www.gutenberg.org. If you are not located in the
- United States, you'll have to check the laws of the country where you
- are located before using this ebook.
-
-1.E.2. If an individual Project Gutenberg-tm electronic work is
-derived from texts not protected by U.S. copyright law (does not
-contain a notice indicating that it is posted with permission of the
-copyright holder), the work can be copied and distributed to anyone in
-the United States without paying any fees or charges. If you are
-redistributing or providing access to a work with the phrase "Project
-Gutenberg" associated with or appearing on the work, you must comply
-either with the requirements of paragraphs 1.E.1 through 1.E.7 or
-obtain permission for the use of the work and the Project Gutenberg-tm
-trademark as set forth in paragraphs 1.E.8 or 1.E.9.
-
-1.E.3. If an individual Project Gutenberg-tm electronic work is posted
-with the permission of the copyright holder, your use and distribution
-must comply with both paragraphs 1.E.1 through 1.E.7 and any
-additional terms imposed by the copyright holder. Additional terms
-will be linked to the Project Gutenberg-tm License for all works
-posted with the permission of the copyright holder found at the
-beginning of this work.
-
-1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm
-License terms from this work, or any files containing a part of this
-work or any other work associated with Project Gutenberg-tm.
-
-1.E.5. Do not copy, display, perform, distribute or redistribute this
-electronic work, or any part of this electronic work, without
-prominently displaying the sentence set forth in paragraph 1.E.1 with
-active links or immediate access to the full terms of the Project
-Gutenberg-tm License.
-
-1.E.6. You may convert to and distribute this work in any binary,
-compressed, marked up, nonproprietary or proprietary form, including
-any word processing or hypertext form. However, if you provide access
-to or distribute copies of a Project Gutenberg-tm work in a format
-other than "Plain Vanilla ASCII" or other format used in the official
-version posted on the official Project Gutenberg-tm web site
-(www.gutenberg.org), you must, at no additional cost, fee or expense
-to the user, provide a copy, a means of exporting a copy, or a means
-of obtaining a copy upon request, of the work in its original "Plain
-Vanilla ASCII" or other form. Any alternate format must include the
-full Project Gutenberg-tm License as specified in paragraph 1.E.1.
-
-1.E.7. Do not charge a fee for access to, viewing, displaying,
-performing, copying or distributing any Project Gutenberg-tm works
-unless you comply with paragraph 1.E.8 or 1.E.9.
-
-1.E.8. You may charge a reasonable fee for copies of or providing
-access to or distributing Project Gutenberg-tm electronic works
-provided that
-
-* You pay a royalty fee of 20% of the gross profits you derive from
- the use of Project Gutenberg-tm works calculated using the method
- you already use to calculate your applicable taxes. The fee is owed
- to the owner of the Project Gutenberg-tm trademark, but he has
- agreed to donate royalties under this paragraph to the Project
- Gutenberg Literary Archive Foundation. Royalty payments must be paid
- within 60 days following each date on which you prepare (or are
- legally required to prepare) your periodic tax returns. Royalty
- payments should be clearly marked as such and sent to the Project
- Gutenberg Literary Archive Foundation at the address specified in
- Section 4, "Information about donations to the Project Gutenberg
- Literary Archive Foundation."
-
-* You provide a full refund of any money paid by a user who notifies
- you in writing (or by e-mail) within 30 days of receipt that s/he
- does not agree to the terms of the full Project Gutenberg-tm
- License. You must require such a user to return or destroy all
- copies of the works possessed in a physical medium and discontinue
- all use of and all access to other copies of Project Gutenberg-tm
- works.
-
-* You provide, in accordance with paragraph 1.F.3, a full refund of
- any money paid for a work or a replacement copy, if a defect in the
- electronic work is discovered and reported to you within 90 days of
- receipt of the work.
-
-* You comply with all other terms of this agreement for free
- distribution of Project Gutenberg-tm works.
-
-1.E.9. If you wish to charge a fee or distribute a Project
-Gutenberg-tm electronic work or group of works on different terms than
-are set forth in this agreement, you must obtain permission in writing
-from both the Project Gutenberg Literary Archive Foundation and The
-Project Gutenberg Trademark LLC, the owner of the Project Gutenberg-tm
-trademark. Contact the Foundation as set forth in Section 3 below.
-
-1.F.
-
-1.F.1. Project Gutenberg volunteers and employees expend considerable
-effort to identify, do copyright research on, transcribe and proofread
-works not protected by U.S. copyright law in creating the Project
-Gutenberg-tm collection. Despite these efforts, Project Gutenberg-tm
-electronic works, and the medium on which they may be stored, may
-contain "Defects," such as, but not limited to, incomplete, inaccurate
-or corrupt data, transcription errors, a copyright or other
-intellectual property infringement, a defective or damaged disk or
-other medium, a computer virus, or computer codes that damage or
-cannot be read by your equipment.
-
-1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right
-of Replacement or Refund" described in paragraph 1.F.3, the Project
-Gutenberg Literary Archive Foundation, the owner of the Project
-Gutenberg-tm trademark, and any other party distributing a Project
-Gutenberg-tm electronic work under this agreement, disclaim all
-liability to you for damages, costs and expenses, including legal
-fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT
-LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE
-PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE
-TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE
-LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR
-INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH
-DAMAGE.
-
-1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a
-defect in this electronic work within 90 days of receiving it, you can
-receive a refund of the money (if any) you paid for it by sending a
-written explanation to the person you received the work from. If you
-received the work on a physical medium, you must return the medium
-with your written explanation. The person or entity that provided you
-with the defective work may elect to provide a replacement copy in
-lieu of a refund. If you received the work electronically, the person
-or entity providing it to you may choose to give you a second
-opportunity to receive the work electronically in lieu of a refund. If
-the second copy is also defective, you may demand a refund in writing
-without further opportunities to fix the problem.
-
-1.F.4. Except for the limited right of replacement or refund set forth
-in paragraph 1.F.3, this work is provided to you 'AS-IS', WITH NO
-OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT
-LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.
-
-1.F.5. Some states do not allow disclaimers of certain implied
-warranties or the exclusion or limitation of certain types of
-damages. If any disclaimer or limitation set forth in this agreement
-violates the law of the state applicable to this agreement, the
-agreement shall be interpreted to make the maximum disclaimer or
-limitation permitted by the applicable state law. The invalidity or
-unenforceability of any provision of this agreement shall not void the
-remaining provisions.
-
-1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the
-trademark owner, any agent or employee of the Foundation, anyone
-providing copies of Project Gutenberg-tm electronic works in
-accordance with this agreement, and any volunteers associated with the
-production, promotion and distribution of Project Gutenberg-tm
-electronic works, harmless from all liability, costs and expenses,
-including legal fees, that arise directly or indirectly from any of
-the following which you do or cause to occur: (a) distribution of this
-or any Project Gutenberg-tm work, (b) alteration, modification, or
-additions or deletions to any Project Gutenberg-tm work, and (c) any
-Defect you cause.
-
-Section 2. Information about the Mission of Project Gutenberg-tm
-
-Project Gutenberg-tm is synonymous with the free distribution of
-electronic works in formats readable by the widest variety of
-computers including obsolete, old, middle-aged and new computers. It
-exists because of the efforts of hundreds of volunteers and donations
-from people in all walks of life.
-
-Volunteers and financial support to provide volunteers with the
-assistance they need are critical to reaching Project Gutenberg-tm's
-goals and ensuring that the Project Gutenberg-tm collection will
-remain freely available for generations to come. In 2001, the Project
-Gutenberg Literary Archive Foundation was created to provide a secure
-and permanent future for Project Gutenberg-tm and future
-generations. To learn more about the Project Gutenberg Literary
-Archive Foundation and how your efforts and donations can help, see
-Sections 3 and 4 and the Foundation information page at
-www.gutenberg.org
-
-
-
-Section 3. Information about the Project Gutenberg Literary Archive Foundation
-
-The Project Gutenberg Literary Archive Foundation is a non profit
-501(c)(3) educational corporation organized under the laws of the
-state of Mississippi and granted tax exempt status by the Internal
-Revenue Service. The Foundation's EIN or federal tax identification
-number is 64-6221541. Contributions to the Project Gutenberg Literary
-Archive Foundation are tax deductible to the full extent permitted by
-U.S. federal laws and your state's laws.
-
-The Foundation's principal office is in Fairbanks, Alaska, with the
-mailing address: PO Box 750175, Fairbanks, AK 99775, but its
-volunteers and employees are scattered throughout numerous
-locations. Its business office is located at 809 North 1500 West, Salt
-Lake City, UT 84116, (801) 596-1887. Email contact links and up to
-date contact information can be found at the Foundation's web site and
-official page at www.gutenberg.org/contact
-
-For additional contact information:
-
- Dr. Gregory B. Newby
- Chief Executive and Director
- gbnewby@pglaf.org
-
-Section 4. Information about Donations to the Project Gutenberg
-Literary Archive Foundation
-
-Project Gutenberg-tm depends upon and cannot survive without wide
-spread public support and donations to carry out its mission of
-increasing the number of public domain and licensed works that can be
-freely distributed in machine readable form accessible by the widest
-array of equipment including outdated equipment. Many small donations
-($1 to $5,000) are particularly important to maintaining tax exempt
-status with the IRS.
-
-The Foundation is committed to complying with the laws regulating
-charities and charitable donations in all 50 states of the United
-States. Compliance requirements are not uniform and it takes a
-considerable effort, much paperwork and many fees to meet and keep up
-with these requirements. We do not solicit donations in locations
-where we have not received written confirmation of compliance. To SEND
-DONATIONS or determine the status of compliance for any particular
-state visit www.gutenberg.org/donate
-
-While we cannot and do not solicit contributions from states where we
-have not met the solicitation requirements, we know of no prohibition
-against accepting unsolicited donations from donors in such states who
-approach us with offers to donate.
-
-International donations are gratefully accepted, but we cannot make
-any statements concerning tax treatment of donations received from
-outside the United States. U.S. laws alone swamp our small staff.
-
-Please check the Project Gutenberg Web pages for current donation
-methods and addresses. Donations are accepted in a number of other
-ways including checks, online payments and credit card donations. To
-donate, please visit: www.gutenberg.org/donate
-
-Section 5. General Information About Project Gutenberg-tm electronic works.
-
-Professor Michael S. Hart was the originator of the Project
-Gutenberg-tm concept of a library of electronic works that could be
-freely shared with anyone. For forty years, he produced and
-distributed Project Gutenberg-tm eBooks with only a loose network of
-volunteer support.
-
-Project Gutenberg-tm eBooks are often created from several printed
-editions, all of which are confirmed as not protected by copyright in
-the U.S. unless a copyright notice is included. Thus, we do not
-necessarily keep eBooks in compliance with any particular paper
-edition.
-
-Most people start at our Web site which has the main PG search
-facility: www.gutenberg.org
-
-This Web site includes information about Project Gutenberg-tm,
-including how to make donations to the Project Gutenberg Literary
-Archive Foundation, how to help produce our new eBooks, and how to
-subscribe to our email newsletter to hear about new eBooks.
-
-
-
-</pre>
-
-</body>
-</html>
diff --git a/old/63610-h/images/cover.jpg b/old/63610-h/images/cover.jpg
deleted file mode 100644
index 25ffe21..0000000
--- a/old/63610-h/images/cover.jpg
+++ /dev/null
Binary files differ