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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. 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