dp JOUENAL or THE CONVENTION OF THE PEOPLE OF SOUTH CAROLINA, Held in 1860-G1. TOGETHER WITH THE RKPORTS. RESOLUTIONS, &C. rmiisHF.n hy ohpi-i; or the rosVBVTios. CHARLESTON : IVAXS ft COGBWKLL, PRINTERS TO THK CONVENTION. No. 3 Broad nnd I":'. Enst Bay Streets. lMil '** /-* George Washington Flowers Memorial Collection DUKE UNIVERSITY LIBRARY ESTABLISHED BY THE FAMILY OF COLONEL FLOWERS JOUENAL OF THE CONVENTION OF THE PEOPLE OF SOUTH CAROLINA, Held in 1860-61. TOGETHER WITH THE REPORTS. RESOLUTIONS. &G, Pl'DL'.SIIED DY ORDER OF THE COSVBWTIOX. CHARLESTON: EVANS & COGSWELL, PRINTERS TO THE CONVENTION. No. 3 Broad and 103 East Bay Streets. 1861. JOURNAL OF THE CONVENTION. MONDAY, DECEMBER IT, 1860. Pursuant to an Act of the General Assembly of the State of South Carolina, entitled "an Act to provide for the calling of a Convention of the people of this State," ratified the 9th day <>t' November, 1860, the Delegates from the several Election Districts of this State, assembled in the Baptist Church, in the town of Columbia, on this day, at twelve o'clock, M. On motion of Mr. James II. Adams, of Richland, Mr. D. F. Jamison, a Delegate from Barnwell, was called to the chair. On motion of Mr. J. Izard Middleton, of all Saints, it was Resolved, That the President appoint a member of the Convention temporary Secretary. The President, in accordance with this Resolution, requested Mr. T. Y. Simons, of St. Philip and St. Michael, to act as temporary Secretary ; and then addressed the Convention as follows : Gentlemen : We have met here under circumstances more solemn than any of us have ever been placed in before. No one, it seems to me, is duly impressed with the magni- tude of the work before him, who does not, at the same time, feel that he is about to enter upon the gravest and 4 Journal op the •lemn act which has fallen to the lot of this genera- tion to accomplish!. It is no less than onr fixed determina- tion to throw off a Government to which we have been accustomed, and to provide new safeguards for our future surity. if anything has been decided by the elections which sent ns here, it is, that South Carolina must dissolve her connection with the Confederacy as speedily as pos- sible. In the progress of this movement we have two great dangers to fear — overtures from without, and precipitation within. T trust that the door is now forever dosed to all further connection with our Northern confederates; for what guarantees can they offer us, more strictly guarded, or under higher sanctions, than the present written com- pact between us ? And did that sacred instrument protect us from the jealousy and aggressions of the North, com- menced forty years ago, which resulted in the Missouri Compromise ? Did the Constitution protect us from the cupidity of the Northern people, who, for thirty-five years, have imposed the burden of supporting the General Government chiefly on the industry of the South? Did it save us from Aboli- tion petitions, designed to annoy and insult us, in the very halls of our Federal Congress? Did it enahle us to obtain a single foot of the soil acquired in the war with Mexico, where the South furnished three-fourths of the money, two-thirds of the men, and four-fifths of the graves ? Did it oppose any obstacle to the erection of California into a free-soil State, without any previous territorial existence, without any defined boundaries, or any census of her popu- lation '( Did it throw any protection around the Southern settlers of Kansas, when the soil of that territory was invaded by the emissaries of Emigrant Aid Societies, in a crusade preached from Northern pulpits, when churchmen and women contributed Sharp's rifles and Colt's revolvers, to swell the butchery of Southern men? And has not that Constitution been trodden under foot by almost every Northern State, in their Ordinances nullifying all laws Convention of 1860. 5 made for the recovery of fugitive slaves, by which untold millions of property have been lost to the South ? Let us be no longer duped by paper securities. "Written Constitutions are worthless, unless they are written, at the same time, in the hearts, and founded on the interests of a people ; and as there is no common bond of sympathy or interest between the North and the South, all efforts to preserve this Union will not only be fruitless, but fatal to the less numerous section. The other danger to which I referred, may arise from too great impatience on the part of our people to precipitate the issue, in not waiting until they can strike with the authority of law. At the moment of inaugurating a great movement like the present, I trust that we will go forward, and not be diverted from our purpose by influences from without. In tin' outset of this movement I can offer you no better motto than Danton's, at the commencement of the French Revo- lution : "To dare ! and again to dare ! and without end to dare?" Mr. J. H. Adams, of Richland, offered the following resolutions : Ii< solved, That the proceedings of this meeting be opened with prayer, and that the Rev. Mr. Breaker be invited to officiate this morning. Resolved, That each successive day of our Convention be opened Avith prayer, and that the President of the Conven- tion be requested to invite some clergyman to perform that duty. The question being taken, the resolution was agreed to, and the proceedings were opened with prayer accordingly. The President laid before the Convention the following communication : House of Rkprf.skxtatives, Dec. 17, 1860. To the Honorable ike President of the Convention of the People of South Carolina : Sir : In accordance with a resolution adopted by the House this day, I have the honor of extending to you and 6 Journal of the the members of the Convention, ail invitation to attend the inauguration of the Governor elect, to take place this day in the Hall of the House of Representatives. With profound respect, I have the honor to be, Respectfully yours, JAMES FAEROW, Chairman Committee of Arrangements. On motion of Mr. James L. Orr, of Anderson, it was Resolved, That the communication be laid on the table until the organization of the Convention is completed. The credentials of the following individuals were then exhibited, and their names enrolled as members of the Convention : AbbeviUe— Thos. Chiles Perrin, Edw. Noble, J. TT. Wil- son, Thos. Thomson, David Louis Wardlaw, J110. Alfred Calhoun. All Saints — John Izard Middleton, Benjamin E. Sessions. Anderson — J. X. Whitner, James L. Orr, J. P. Reed, R. F. Simpson, Benjamin Franklin Mauldin. Barnwell — Lewis Malone Aver, Jr., W. Peronneau Fin- ley, J. J. Brabham, Benj. W. Lawton, D. F. Jamison. Chester — John McKee, Thomas W. Moore, Richard Woods, A. Q. Dunovant. Chesterfield — John A. Inglis, Henry Mclver, Stephen Jackson. Christ Church — W. Pinekney Shinglcr, Peter P. Bon- neau. Clarendon — John P. Richardson, John J. Ingram. Dar!inf/ton — Edgar W. Charles, Julius A. Dargan, Isaac D. Wilson, John M. Timmons. Edgefield — Francis Hugh Wardlaw, R. G. M. Dunovant, James Parsons Carroll, Wm. Gregg, Andrew J. Hammond, James Tompkins, James C. Smyly. Convention of 1860. 7 Fairfield — John Hugh Means, William Strother Lyles, Henry Campbell Davis, Jno. Buchanan. Greenville — James C. Furman, P. E. Duncan, W. K. Easley, James Harrison, W. H. Campbell. Horry— Thoe. W. Beaty, Wm. J. Ellis. Kershaw — T. J. Withers, James Chesnut, Jr. Lancaster — R. L. Crawford, W. C. Cauthen, D. P. Robin- son. Laurens — H. C. Young, II. W. Garlington, John D. Williams, W. D. Watts, Thos. Wier. Lexington — n. I. Caughman, John C. Geiger, Paul Quat- tlebaum. Marion— W. B. Rowell, Chesley D. Evans, Wm. W. Harllee, A. W. Bethea. Marlboro' — E. W. Goodwin, William D. Johnson, Alex. McLeod. Newberry — John P. Kinard, Robert Moorman, Joseph Caldwell, Simeon Fair. Orange — Thomas Worth Glover, Lawrenee M. Keitt, Donald Rowe Barton. Pickens — Wm. Hunter, Andrew F. Lewis, Robt. A. Thompson. William S. Grisham, John Maxwell. Prince Williams — Jno. E. Frampton, W. Ferguson Hut- son. JRichkmd — W. F. DeSaussurc, William Hopkins, James II. Adams, Maxcy Gregg, John II. Kinsler. St. Andrew's — Emphraim M. Clark, Alex. II. Brown. St. Bartholomew's — E. St. P. Bellinger, Merrick E. Cam, E. R. Henderson, Peter Stokes. St. George's, Dorchester — Daniel Find, David C. Appleby. St. Helena — R. W. Barnwell, Jos. Dan'l Pope. St. James', Goose Greek — John M. Shingler, C. P. Brown. St. James', Saniee — Daniel Du Pre, A. Mazyck. St. John's, Berkley — William Cain, P. G. Snowden. St. John's, Colleton — Geo. W. Seabrook, John Jenkins. St. Luke's — R. J. Davant, E. M. Seabrook. St. Mathcw's — John J. Wannamaker. St. Paul's — Elias B. Scott, Joseph E. Jenkins. 8 Journal of the St. Peter's — Langdon Cheves, George Rhodes. St Philip sand Si. Mbchm Vs — A. G. Magrath, Win. Porcher Miles, John Townscnd, Robert X. Gourdin, II. W. Con- ner, Theodore D. Wagner, R. Barnwell Rhett, C. G. Mem- minger, Gabriel Manigault, John Julius Pringle Smith, Isaac W. Ilavno, Jno. H. Honour, Rich'd De Treville, Thos. M. Hanckel, A. W. Burnet, Thos. Y. Simons, L. W. Spratt, Williams Middleton, F. D. Richardson, B. II. Rutledge, Edward McCrady, Francis J. Porcher. St. Stephen's — T. L. Gourdin, John S. Palmer. St. Thomas' and St. Dennis' — John L. Nowell, John S. O'Hear. Spartanburg — John G. Landrum, B. B. Foster, Benjamin F. Kilgore, J. II. Carlisle, Simpson Bobo, Wm. Curtis. Sumter — II. D. Green, Matthew P. Mayes, Thomas Reese English, Sr., Albertus Chambers Spain. Union — J. M. Gadbcrry, J. S. Sims, Wm. II. Gist, James Jeffcries. Williamsburg — Anthony W. Dozier, John G. Pressley, R. C. Logan. Winyaw — Francis S. Parker, Benjamin Faneuil Dunkin, Samuel Taylor Atkinson, Alex. M. Forster. York — William Blackburn Wilson, Robert T. Allison, Samuel Rainey, A. Baxter Springs, A. I. Barron. On motion of Mr. Quattlebaum, of Lexington, the Con- vention proceeded to ballot for permanent President, with the following result: First Ballot. Whole number of votes cast 151 Necessary to a choice 76 Mr. W. II. Gist received 27 votes, J. L. Orr " 22 " J. Chesnut, Jr " 22 " R. W.Barnwell " 17 " D. F. Jamison " 15 " Convention of 1860. 9 D. L. Wardlaw received 15 votes, J. P. Carroll " 6 " ' J. C. Furman " 6 " R. B. Rhett " 5 " B. F. Dunkin " 4 " J. H. Adams " 3 " J. A. Inglis " 3 " J. P. Richardson " 2 " D.J.Jamison " 1 " W. F. DeSaussure ...: " 1 " J. II. Cleans " 1 « Blank 1 " Second Ballot. Whole number of votes cast 152 Necessary to a choice 77 Mr. W. H. Gist '. received 38 votes, J. L. Orr « 31 " D. F. Jamison " 27 " J. Chesnut, Jr " 27 " D. L. Wardlaw " 13 " R. W. Barnwell " .12 " J. P. Carroll « 1 " B. F. Punkin « 1 " D.J.Jamison " 1 « J.P.Richardson " 1 " Third Ballot. Whole number of votes cast 150 Necessary to a choice 76 Mr. D. F. Jamison received 64 votes, J. L. Orr " 32 « W. II. Gist " 28 " J. Chesnut, Jr " 17 " R. W. Barnwell " 6 " D. L. Wardlaw " 2 " D. J. Jamison " 1 " 10 Journal of tiie Fourth Ballot Whole number of votes cast 151 Necessary to a choice TO Mr. D. F. Jamison received 118 votes, J. L. Orr " 30 " J. Chesnut, Jr " 3 " Mr. J. Izard Middleton, of All Saints, was called tempo- rarily t<> the Chair, and announced that Mr. D. F. Jamison, having received a majority of the votes cast, was duly elected permanent President of the Convention. On motion of Mr. A. W. Burnet, of St. Philip's and St. Michael's, it was Resolved, That a Committee of three he appointed to conduct the President elect to the Chair. The following gentlemen were appointed: Messrs. A. "W\ Burnet, Thomas Thomson and W. Porcher Miles. The President elect, on taking the Chair, addressed the Convention as follows : Gentlemen of the Convention: — When I say that I have no words to express the gratifi- cation which your confidence has afforded me, I only say precisely what 1 mean. There is no honor 1 esteem more highly than to sign the Ordinance of Secession, as a mem- ber of this body; but I will regard it as the greatest honor of my life to sign it as your presiding officer. We have entered on a great work, and God, who holds in His hands the destinies of nations, only knows what may be the result. That it may lead to the honor and glory of South Carolina is my most fervent prayer. May God aid our State ! I am too little accustomed to the duties of presiding over a body like this, not to feel my want of qualification for the position you have assigned me ; and I have been so long withdrawn from deliberative Convention of 1860. 11 bodies, that I must ask your indulgence for the errors I may commit. I stated in commencing that I was so over- come by your confidence that I had nothing to say. All I can do would be to express but imperfectly the emotions that agitate my bosom. On motion of Mr. Quattlebaum, of Lexington, it was Resolved, That the rules adopted by the Convention of South Carolina in April, 1852, be adopted by this Conven- tion for the government of the same. On motion of Mr. TV". S. Lylcs, of Fairfield, it was Bcsolvcd, That the President of the Convention be au- thorized to appoint a Clerk, a Messenger, and a Door Keeper for the Convention. On motion of Mr. J. IT. Adams, of Richland, it was Besolvcd, That the Hon. John A. Elmore, Commissioner to this Convention from the State of Alabama, and the Hon. Charles E. Hooker, Commissioner from the State of Mississippi, he invited to take seats on the floor of the Con- vention. Resolved, That a Committee of three be appointed by the Chair to wait on the Hon. Messrs. Elmore and Hooker, and invite them to address the Convention, in the Hall, this evening, at seven o'clock. The Chair appointed Messrs. J. II. Adams, I. TV. Ilaync, and A. W. Burnet, said Committee. On motion of Mr. Keitt, of Orange, it was Resolved, That a Committee of three be appointed to wait on the Hon. Howell Cobb, of Georgia, and invite him to a seat on the floor of the Convention. The Chair appointed Messrs. L. M. Keitt, J. L. Orr, and TV. P. Miles, said Committee. 12 Journal of the Mr. Cnglis, of Chesterfield, offered the following resolu- tions : Resolvedj That when this Convention adjourns, it stand adjourned to meet in the City of Charleston, on Tuesday, the 18th inst., at four o'clock. Resolved, That the Delegates from St. Philip's and St. Michael's be requested to procure a suitable building for the said meeting, and be requested to report to the Presi- dent of this Convention as to the same. Mr. Mazyck, of St. James', Santec, moved to lay the resolutions on the table. Ayes, 68 ; Nays, 87. Mr. W". F. De Saussure, of Richland, moved to amend the resolutions by striking out "Tuesday, the 18th," and inserting " Wednesday, the 19th." On motion of Mr. J. J. P. Smith, of St. Philip's and St. Michael's, the amendment was laid on the tabic. The original resolutions were then agreed to. On motion of Mr. J. J. AVannamaker, of St. Mathew's, it was ordered that Whereas, At the election held in St. Mathew's Parish, for Delegates to the Convention, to convene on this day, but one candidate received a majority of votes cast. The next two receiving the same numbers, there was, consequently, but one elected. The Parish being entitled to two. is but in part represented ; therefore, Resolved, That the President of the Convention do issue a writ of election, to be held on Monday, the 24th instant, in all respects as the former, to till said vacancy. On motion of Mr. Maxcy Gregg, of Richland, the Con- vention took a recess until seven o'clock, v. M, THOMAS Y. SIMONS, 71 mporary Secretary . Convention of 1860. 13 RECESS. Tlie President resumed the Chair. The President announced the following gentlemen as officers of the Convention, viz : 13. F. Arthur, Clerk ; C. O. La Motte, Messenger; and Samuel J. Settles, Doorkeeper. Mr. Adams, from the Committee appointed to wait upon the Commissioners from the State of Alabama, and from the State of Mississippi, introduced to the Convention, Hon. John A. Elmore, Commissioner from the State of Alabama, and Hon. Charles E. Hooker, Commissioner from the State of Mississippi, who, respectively, addressed the Convention. Mr. .1. I). Kershaw, Delegate from Kershaw, appeared at the Clerk's desk, produced his credentials, signed the roll and took his seat. Mr. Inglis ottered the following resolutions : Resolved, That it is the opinion of this Convention that the State of South Carolina should forthwith Becede from the Federal Union, known as the United States of America. Resolved, That a Committee of members beappointed to draft an Ordinance, proper, to be adopted by this Con- vention, in order to accomplish this purpose of secession; and that individual members desiring to submit for the consideration of the Convention, any draft or scheme of such Ordinance, be requested to hand the same, without delay, to the said Committee. Resolved, That the Act of the General Assembly of this State, providing for the assembling of this Convention, be referred to the same Committee, with instructions to con- sider and report thereon. The question being put, will the Convention agree to the first resolution ? it passed in the affirmative : Yeas, 159; nays, none. The yeas and nays were demanded, and are as follows : Those who voted in the affirmative, are : 14 Journal of the Hon. D. F. Jamison, Messrs. Adams, Allison, Appleby, Atkinson, Barnwell, Barron, Barton, Beaty, Bethea, Bellinger, Bobo, Bonneau, Brabham, Brown, A. II. Brown, C. P. Buchanan, Burnet, Cain, Calhoun, Caldwell, Campbell, Carlisle, Carroll, ( laughman, CautheD, Charles, Chesnut, Cheves, Clarke, Conner, Crawford, Curtis, I targan, Davant, Davis, De Saussure, I)e Treville, Dozier, Duncan, Dunkin, Dunovaut, A. Q. D u Movant, II. G. M. Du Pre, Easley, President; and Bills, English, Evans, Fair, Finley, Find, Forster, Foster, Frampton, Furman, Gadberry, Garlington, Geiger, Gist, Glover, Goodwin, Gourdin, R. K Gourdin, T. L. Gregg, Maxey Gregg, William Grisham, Hammond, Harllee, Harrison, I [ayne, Henderson, Honour, Hopkins, Hunter, Hutson, Tnglis, Ingram, Jackson, Jefferies, Jenkins, John Jenkins, J. E. Johnson, K'eitt, Kershaw, Ivilgore, Kinard, Kinsler, Landrum, Lawton, Convention of 1860. 15 Lewis, Logan, Lyles, McCrady, Mclver, Mclvee, McLeod, Magrath, Manigault, Mauldin, Maxwell, Mayes, Mazyck, Means. Middleton, John Izard Middleton, W. Miles. Moore, Moorman, Noble, No well, 0'Hear, Orr, ] 'aimer, Parker, Perrin, Pope, Porch or, Pressl ey, Quattlebaum, Rainey, Reed, Rhett, Rhodes, Richardson, F. I). Richardson, J. P. Powell, Scott, Seabrook, E. M. Seabrook, G. W-, Sr, Sessions, Shingler, J. M. Shingler, W. V. Simons. Simpson, Smyly Smith, Snowden, Spain, Bpratt, Springs, Stokes, Sims, Thompson, R. A. Thomson, Thomas Timmons, Tompkins, Townsend, Wagner, Wannamaker, Wardlaw, I>. L. Wardlaw, F. II. Wier, Whitnef, Williams, Wilson. 1. D. Wilson, J. H. Wilson. W. B. Withers, Woods. The Convention proceeded to the consideration of the second resolution. Mr. Iihett moved to amend the second resolution by adding the words, "all the matters appertaining to the business of the Convention." On motion of Mr. Hutson, the amendment was ordered to lie on the table. On motion of Air. D. L. Wardlaw, the blank was filled with the number seven ; and the resolution was agreed to. 16 Journal of the Mr. Inglia withdrew the third resolution. On motion of Mr. Orr; the Eon. Eenry Dickinson, Com- missioner from the State of Mississippi to the State of Del- aware, was invited fed a scat on the floor of the Convention. On motion of Mr. Manigault, it was Resolved, That it is the earnest desire of this Convention that the Commissioners from the States of Alabama and Mississippi accompany the* Convention to Charleston. On motion of Mr. Pope, it was Resolved, That the thanks of this Convention be returned to the Baptist Congregation, of Columbia, for the use of their building. On motion of Mr. Keitt, it was Resolved, That a message be sent to the Committee of Arrangements of the Legislature, returning the thanks of the Convention for their invitation to attend the inaugu- ration of the Governor, and explaining why this Conven- tion could not attend. The President presented, the credentials of Hon. John A. Elmore, Commissioner from the State of Alabama, and the credentials of Hon. Charles E. Hooker, Commissioner from the State of Mississippi, which were ordered to be filed, and entered on tfhe Journal. On motion, the Convention was adjourned at ten o'clock, P. M. B. F. ARTHUR, Clerk of the Convention. Convention of 1860. 17 STATE OF MISSISSIPPI. John J. Pettus, Governor of the State of Mississippi, To His Excellency, the Governor of the State of South Carolina, Greeting : Be it Known, That, reposing special trust and confidence in the ability, integrity and fitness of Hon. C. E. Hooker, I have, in compliance with a Resolution passed by the Legislature of this State, on the 30th day of November, A. D. I860, appointed, and by these presents do appoint him a Commissioner from Mississippi, to proceed to the Capital of South Carolina, to inform the people of that Commonwealth, through their Executive, that the Legisla- ture of this State has passed an Act calling a Convention of the people of the State, to consider the present threatening relations of the Northern and Southern sections of the United States — aggravated by the recent election of a Pres- cient upon principles of hostility to the States of the South, and to express the earnest hope of Mississippi that South Carolina will co-operate with her in the adoption of effi- cient measures for the common defence and safety of the South. Given under my hand, and the Great Seal of the State hereunto affixed, at the City of Jackson, this 5th day of" December, A. D. 1860. By the Governor, [l. s.] JOHN J. PETTUS.. C. A. Brougher, Secretary of State. Convention of 1860. 19 STATE OF ALABAMA. Executive Department. Montgomery, Ala., Dec. 8, 1860. Whereas, the election of Abraham Lincoln, a Black Republican, to the Presidency of the United States, by a purely sectional vote, and by a party whose leading and publicly avowed object is the destruction of the institution of Slavery, as it exists in the slaveholding States: And whereas, the success of said party, and the power which it now has, and soon will acquire, greatly endanger the peace, interests, security and honor of the slaveholding States, and make it necessary that prompt and efficient measures should be adopted to avoid the evils which must result from a Republican administration of the Federal Govern- ment; and, as the interests and destiny of the slaveholding States are the same, they must naturally sympathize with each other; they, therefore, so far as it may be practicable, should consult and advise together as to what is best to be done to protect their mutual interests and honor: Now, therefore, in consideration of the premises, I, Andrew B. Moore, Governor of the State of Alabama, bv virtue of the general powers in me vested, do hereby con- stitute and appoint Col. John A. Elmore, a citizen of said State, a Commissioner to the sovereign State of South Carolina, to consult and advise with his Excellency Gov- ernor W. II. Gist, and the members of the Convention to be assembled in said State on the 17th day of December, instant, as to what is best to be done to protect the rights, interests and honor of the slaveholding States, and to report the result of such consultation in time to enable me to communicate the same to the Convention of the State of Alabama, to be held on Monday, the 7th day of January, next. In testimony whereof, I have hereunto set my hand, and caused the Great Seal of the State to be affixed, in the City of Montgomery, this 8th day of December, A. D. 1860. [l. s.] A. B. MOORE. Convention of 1860. 21 TUESDAY, DECEMBER 18, 1860. Pursuant to adjournment, the Convention assembled at Institute Hall, in the City of Charleston, at four o'clock, p. m. The President took the chair, and the proceedings were opened with prayer by Rev. J. C. Furman. The Clerk called the Roll, and the following Delegates answered to their names: Messrs. Adams, Allison, Appleby. Atkinson, Barron, Barton, Beaty, Bethea, Bellinger, Bobo, Bonneau, Brabham, Brown, C. P. Brown, A. H. Cain, Calhoun, Caldwell, Campbell, Cam, Carlisle, Carroll, Cauthen, Cheves, Clarke, Conner, Crawford, Curtis, Dargan, Davant, Davis, De Treville, Dozier, Duncan, Dunkin, Dnnovant, A. Q. Du Pre, Easley, Ellis/ English, Evans, Fair, Fin ley, Flud, Forster, Foster, Frampton, Furman, Garlington, Geiger, Glover, Gourdin, R. N. Gourdin, T. L. Green, Gregg, William Grisham, Hammond, Harllee, Harrison, Hayne, Honour, Hunter, Hutson, Inglis, Jackson, Jefferies, Jenkins, John Johnson, Kershaw, '22 Journal of tiii: Kilgore, Kinard, Kinsler, Landrum, Lawton, Lewis, Logan, Lytes, MeCradjc, Mclver, McKee, Magratb, Mauldin, Maxwell, Mayes, Mazyck, Means, Memminger, Middleton, Jolin Izard Middleton, W. Moore, Moorman, Nowell, O'Hear, Orr, Palmer, Parker, Perrin, Porch ei% Press] ey, Quattlebaum, Rainey, Peed, Phett, Rhodes, Richardson, F. D. Robinson, Rowell, Scott, Seabrook, P. M. Sessions, Shingter, W. P. Simons, Simpson, Smvlv, Smith, Snowaen, Spain, Spratt, Springs, Stokes, Sims, Thompson, P. A. Thomson, Thomas Timmons, Wagner, Wannamaker, Wardlaw, IX L. Wardlaw, F. H. Watts, Wier, Whitner, Williams, Wilson, J. H. Wilson, W. B. Withers, Woods, Young. Mr. John L. Manning, a Delegate from Clarendon, ap- peared at the Clerk's desk, produced his credentials, en- rolled his name, and took his seat. Messrs. Cam, Memminger, Young and Watts asked to give the vote they would have given, if present, on a reso- lution adopted yesterday, declaring it to he the sense of this Convention, that the State of South Carolina should forth- with secede from the Federal Union ; and those gentlemen being called, respectively, answered, "aye." Convention of 1860. 23 On motion of Mr. Rhett, it was Resolved, That a Committee consisting of members be appointed to prepare an address to the people of the Southern States. On motion, the blank was filled with the number seven. Whereupon, the President appointed the following gen- tlemen, of the Committee : Messrs. R. B. Rhett, John A. Calhoun, W. P. Finley, I. D. Wilson, W. F. De Saussure, Langdon Cheves, M. E. Cam. On motion of Mr. Orr, it was Resolved, That the Charleston Delegation be requested to inquire into and report upon the expediency of procuring another Hall for the use of this Convention, and that they publish their decision to-morrow in the newspapers of the city. Mr. Hutson offered the following resolutions : Resolved, That the President do appoint four standing Committees for this Convention, each consisting of seven, as follows : 1. A Committee on Relations with the Slaveholding States of North America. 2. A Committee on Foreign Relations. 3. A Committee on Commercial Relations. 4. A Committee on the Constitution of the State. On motion of Mr. F. D. Richardson, the Resolutions- were made the special order of the day for to-morrow, at one o'clock, p. m., and were ordered to be printed. 24 Journal of the On motion of Mr. Quattlebaum, it was /.' ./,-,,/, That a Committee of three be appointed to receive proposals for printing the proceedings of this Con- vention, and that they report thereon an soon as practica- ble. Whereupon, the President appointed the following gen- tlemen, of the Committee: Messrs. Paul Quattlebaum, T. Y. Simons, Jr., J. II. Kinsler. Mr. Magrath offered the following resolution : Resolved, That so much of the Message of the President of the United States as relates to what he designates "the property of the United States in South Carolina," be re- ferred to a committee of to report, of what such prop- erty consists, how acquired, and whether the purpose for which it was so acquired can be enjoyed by the United States after the State of South Carolina shall have seceded, consistently with the dignity and safety of the State; and that the said committee further report the value of the property of the United States not in South Carolina ; and the value of the share thereof to which South Carolina would be entitled upon an equitable division thereof among the United States. On motion of Mr. Orr, the resolution was made the special order of the day for to-morrow, at one o'clock, p. m., and were ordered to be printed. Mr. De Treville offered the following resolution : Resolved, That it is expedient that a Council, to consist of five citizens of the State, to act with the Governor of the State as his counsellors and advisers, and to be called a Council of Safety, should be forthwith appointed; and that Convention of 1860. 25 it be referred to a committee of this Convention to report thereon, by ordinance or otherwise. On motion of Mr. Orr, the resolution was made the spe- cial order of the day for to-morrow, at one o'clock, p. m., and was ordered to be printed. Mr. J. I. Middleton offered the following resolution : Resolved, That the President be authorized to appoint an Assistant Clerk. Mr. Means moved to amend the resolution by adding the words: "whenever it shall become necessary. " The amendment was accepted by the mover of the reso- lution, When, on motion of Mr. Reed, the resolution, as amended, was ordered to lie on the table. The President stated that since the adjournment of the Convention at Columbia, he had received a communication from the State of Georgia, with a request to present it to the Convention. On motion of Mr. Withers it was ordered that the com- munication be laid on the table. The President announced the following gentlemen as the Committee appointed under a resolution offered by the member from Chesterfield, (Mr. Inglis,) to draft an Ordi- nance proper to be adopted by the Convention, viz : Messrs. John A. Inglis, R. B. Rhett, James Chesnut, Jr., James L. Orr, Maxcy Gregg, B. F. Dtinkin, W. F. Ilutson, On motion of Mr. Simons, it was Resolved, That when this Convention adjourns, it shall be adjourned to meet to-morrow, at eleven o'clock, a. m. 20 Journal of tiie On motion of Mr. Simons, the Convention was adjourned at four minutes past five o'clock, p. m. B. F. ARTHUR, Clerk of the Convention. WEDNESDAY, DECEMBER 19, 1860. Pursuant to the action of the Committee, appointed to make arrangements for providing another Hall for the use of the Convention, the Convention assembled at St. An- drew's Hall ; the President took the Chair, and the proceed- ings were opened with prayer by Iiev. William Curtis. The Clerk called the roll, and the following Delegates answered to their names : Messrs. Adams, Allison, Appleby, Atkinson, Ayer, Barron, Barton, Beaty, Bethea, Bellinger, Bobo, Bonneau, Brown, A. H. Brown, C. P. Burnet, Buchanan, (Jain, Calhoun, ( !an>pbell, Cam, Carlisle, Caughman, Cauthen, Charles, Cheves, Clarke, ( Jonner, Crawford, Curtis, ] )argan, Davis, De Saussure, De Treville, Dozier, Duncan, Dunkin, PuPre, Easley, Englishj Evans, Finley, Forster, Foster, Frampton, Furman, Flud, Convention of 1860. 27 Gadberrry, Garlington, Geiger, Glover, Goodwin, Gourdin, R. X. Green, Gregg, Maxcy Gregg, William G-risham, Hammond, Hanckel, Harllee, Harrison, Ilayne, Henderson, Honour, Hopkins, llntson, Inglis, Ingram, Jackson, Jefferies, Jenkins, J. E. Johnson, Ivilgore, Landrum, Lyles, Logan, Lawton, Mclver, McKee, MeLeod, Magrath, Manigault, Mauldin, Mayes, Means, Middleton, J. Izard Middleton, yf. Miles, Moore, Noble, Nowell, O'Hear, Orr, Palmer, Parker. Perrin, Pope, Porelier, Pressley, Quattlebaum, Peed. Rhodes, Richardson, F. D. Robinson, Rutledge, Seabrook, G. W., Sr. Sessions, Shingler, W. P. Shingler, J. M. Simons, Simpson, Snivlv, Smith, Spratt, Snowaen, Spain, Stokes, Sims, Scott, Thompson, P. A. Thomson, Thomas Timmons, Wagner, Wardlaw, F. H. Wannamaker, Watts, Wier, Whitner, Williams, Wilson, J. II. Wilson. W. B. Withers, Woods, Young. 28 Journal of the The Journal of yesterday's proceedings was read The Presided communication : The President laid before the Convention the following Post Office, Charleston, December 19, 1860. T. Y. Simons, Esq.— Dear Sir : I send herewith a package containing letters for Delegates to the Convention, and I ask the favor of you to announce that it will give me great pleasure to have all matter for members of that body placed in your hands at the opening of the Convention on each succeeding day. Also, that a clerk from this office will be in attendance at your desk at half-past twelve every afternoon, to receive such letters as gentlemen of the Convention, or their guests, may wish to have mailed for other places. Very respectfully, your fellow citizen, ALFRED IIUGER, P. M. The President laid before the Convention the following communication : Charleston, Dec, 19, 1860. To the Hon. D. F. Jamison, President of the Convention of the State of South Carolina : Sir : On the night of the 17th instant, after the adjourn- ment of the Convention at Columbia, I received from his Excellency, the Governor of the State of Alabama, a des- patch, by telegraph, of that date, and which I herewith enclose, and have the honor to request may be read and submitted to the Convention as directed by his Excellency, Gov. Moore. Permit me to assure the Convention that in making this communication, his Excellency, Gov. Moore, offers it in no spirit of dictation, but as the friendly counsel and united voice of the true men of Alabama, for the consideration of this Convention, and in the same spirit of consultation and conference which impelled him to send a Commissioner to this and the other Southern States. Convention of 1860. 29 "With sentiments of the highest respect for the Conven- tion and for yourself, I am, your obedient servant, J. A. ELMORE. The despatch referred to is as follows : Montgomery, Dec. 17, 1860. To John A. Elmore : Tell the Convention to listen to no propositions of com- promise or delay. A. B. MOORE. On motion of Mr. D. L. Wardlaw, the communication was referred to the Committee on the Southern Address. Mr. Reed offered the following resolutions : 1. Ordered, That the President appoint a Cashier and Deputy Cashier. 2. Ordered, That the Clerk act as Reading Clerk, and also superintend such printing as the Convention may order. 3. Ordered, That the reporters for the public journals be allowed access to the Hall for the purpose of reporting. 4. Ordered, That the regular hour of meeting shall be ten o'clock, a. m., subject to special orders tixing some other time. 5. Ordered, That there be printed, for the use of the Con- vention, an alphabetical list of the names of the members, and also a list of the names arranged according to State Election Divisions, with their Post Offices. 6. Ordered, That the journal of each day's proceedings be printed, and laid on the tables of members, before the hour of meeting. Resolved, That the rules adopted for the government of the Convention, be published with the journal of this day's proceedings. 30 Journal of the Mr. Quattlcbaum moved to divide flic question, so as to take the vote on each separately. Mr. Inglis moved to amend the third order by adding the words " newspapers in this State." Mr. F. II. Wardlaw moved to amend the third order by adding the words " one reporter for each newspaper." Mr. Cheves moved to amend by requesting the President to make such arrangements on the subject as to him might seem proper. The consideration of the resolutions was suspended, and Mr. Manning moved that a bar be erected at the head of the stairs, and a sergcant-at-arms appointed, so that mem- bers might have convenient access to the Hall. After some debate, it was ordered that the duty of mak- ing arrangements for convenient access to the Hall be en- trusted to the Charleston Delegation. On motion of Mr. Dargan, the Convention resumed the consideration of the resolutions offered by Mr. Reed. Mr. Dargan moved to strike out the third resolution, and insert the following : Ordered, That the President be authorized to issue tick- ets of admission to such reporters of newspapers as he may deem proper. The amendment was adopted. Mr. Reed withdrew the fourth order. On motion of Mr. Dargan, the sixth order was laid on the table. The resolutions, as amended, were adopted. On motion of Mr. I). L. Wardlaw, the communication from a portion of the members of the Legislature of the State; of Georgia was taken up from the table, and was referred to the Committee on the Southern Address. Mr. Cauthen stated that his colleague, Mr. 1). P. Robin- son, was absent from indisposition, when the vote was taken on the resolution declaring it to be the sense of the Con- vention that the State of South Carolina should forthwith Convention of 1860. 31 secede from the Federal Union, and asked that he might now be permitted to record the vote he would have given if present. Whereupon, Mr. Robinson being called, answered " aye."' Messrs. B. H. Rutledge, John L. Manning, L. M. Aver, T. M. Hanckel, and II. I). Green, asked to record the vote they would have given, if present, on the same resolution; and these gentlemen being called, respectively, answered "aye." Mr. Quattlebaum, from the Committee on Printing, made the following report, which was considered immediately and was agreed to : The Committee, appointed to receive proposals for print- ing for the Convention of South Carolina, have to report, That they have received an offer from Messrs. Evans & Cogswell, to do "all the work to be done, in style and quality fully equal to that done for the State, by the Printer in Columbia, at the same proportionate rates of compensa- tion as is paid to the Printer to the State Senate." The Committee, believing Messrs. Evans & Cogswell to be reliable, and that they will do the work as stated, recom- mend the adoption of the following resolutions: Resolved, That Messrs. Evans & Cogswell be appointed Printers to this Convention while it holds its sittings in Charleston. Mesolced, That the Committee appointed to receive pro- posals for Printing, be continued as a Standing Committee, and that one of its duties be to supervise the printing of this Convention. SPECIAL ORDER. The Convention proceeded to the consideration of the following resolutions, which bad been made the special order of the day for this day, at one o'clock, p. M. : Resolced, That the President do appoint four Standing 32 Journal op the Committees for this Convention, eaeli consisting of seven, aa follows : 1. A Committee on Relations with the Shareholding States .it' North America; 2. A Committee on Foreign Relations; 3. A Committee on Commercial Relations; 4. A Committee on the Constitution of the State. Mr. Smith moved to amend the third clause of the reso- lution by adding the words "and Postal Arrangements ;" which amendment was accepted by the mover of the reso- lution. Mr. Mazyck moved to strike out the number seven, and insert thirteen ; which amendment was also accepted by the mover of the resolution. Mr. W. 13. Wilson moved to add an additional section, providing for a separate Committee on Postal Arrange- ments. Mr. Maxcy Gregg moved to amend the second clause of the resolution by adding the words "with other States." Mr. Gregg withdrew his amendment. On motion of Mr. Calhoun, the question was divided; and the Resolutions were finally adopted in the following form : Resolved, That the President do appoint four Standing Committees for this Convention, each consisting of thir- teen as follows : 1. A Committee on Relations with the Slaveholding States of North America. 2. A Committee on Foreign Relations. 3. A Committee on Commercial Relations and Postal Arrangements. 4. A Committee on the Constitution of this State. SPECIAL ORDER. The Convention proceeded to the consideration of the Convention of 1860. 33 following Resolution, which had been made the special order of the day for this day, at one o'clock, p. M. : Resolved, That so much of the Message of the President of the United States as relates to what he designates "the property of the United States in South Carolina," be refer- red to a Committee of to report, of what such prop- erty consists ; how acquired; and whether the purpose for which it was so acquired, can be enjoyed by the United States after the State of South Carolina shall have seceded, consistently with the dignity and safety of the State. And that said committee further report the value of the prop- erty of the United States not in South Carolina ; and the value of the share thereof to which South Carolina would be entitled upon an equitable division thereof among the United States. On motion of Mr. Ilarllee, the blank was tilled with the number thirteen. Mr. W. P. Shingler moved to amend the Resolution by requiring the committee to report the debt, as well as the property of the United States. * On motion of Mr. Ilarllee, the amendment was ordered to lie on the table. The Resolution was agreed to. SPECIAL ORDER. The Convention proceeded to the consideration of the following Resolution, which had been made the special order of the day for this day, at one o'clock, p. m. : Resolved, That it is inexpedient that a Council, to consist of five citizens of the State, to act with the Governor of the State as his counsellors and advisers, and to be called a Council of Safety, should be forthwith appointed ; and that it be referred to a committee of this convention to report thereon, by ordinance or otherwise. 2 34 Journal of Tin- On mo don of Mr. DeTreviUe, the special order was dis- charged, and \va- made the special order of the day for to- morrow, at one o'clock, P. m. Mr. Memrainger offered the following Resolution, which was considered immediately, and was agreed to: "Resolved^ That a Committee, to consist of seven members, be appointed to draft a summary statement of the causes which justify the secession of South Carolina from the Fed- eral Union. Mr. Dunkin offered the following Resolution, which was considered immediately, and was agreed to: Resolved, That it he referred to the Committee on Com- mercial Relations and Postal Arrangements, to impure and report what measures of a temporary or permanent nature, or both, it may be proper to adopt in reference to Custom House and Postal Arrangements, in consequence of the contemplated withdrawal of South Carolina from the Union. Mr. TTayne offered, the following resolutions : Whereas, the causes which have produced the separation of South Carolina from the Federal Union, have emanated from the States north of Mason and Dixon's line, using hireling labor only; and, whereas, it has not been against the Constitution of the United States that South Carolina has opposed her sovereignty, hut the usurpations o\' a gov- ernment in violation of this instrument : Resolved, That a Commissioner be sent to each of the shareholding States, bearing a copy of the Ordinance of Secession, and proffering to such State, or any one or more of them, the existing Constitution of the United States as the basis of a Provisional Government, to be adopted on the part of South Carolina, and any other slaveholding State or States, which, after seceding from the present Fed- eral Union, shall be willing to unite with South Carolina Convention of 1860. 35 in the formation of a new Confederacy ; and we do hereby ratify and confirm, from the date thereof, any action taken by such Commissioner, or Commissioners, by and with the consent of the Governor of South Carolina, in the forma- tion of such Provisional Union ; and we do further earn- estly recommend that in days after two or more States, in addition to South Carolina, shall have acceded to the said Provisional Union, an election shall be held for Senators and members of the House of Representatives of the new Congress, and President and Vice President of the new Confederacy. Resolved, That three Commissioners be appointed to carry an authenticated copy of the Ordinance of Secession to Washington, to be laid before the President of the United States, with the request that the same shall be com- municated to the Congress now in session; and said Com- missioners are hereby authorized and empowered to treat for the delivery of the Forts, Magazines, Light Houses, and other real estate, and all appurtenances thereto, within the geographical limits of South Carolina, the authority to treat upon these subjects to be extended to the day of February, which shall be in the year of our Lord one thousand eight hundred and sixty-one; provided, in the meantime, the said Forts, Magazines, and other places, are allowed to remain in the condition in which they may be at the adoption of this Ordinance; and they shall be fur- ther empowered to treat upon the subject of the public debt, and for a proper division of all other property than the above, now held by the Government of the United States, as agent of the States now embraced in said Con- federacy, until such time as a new Confederacy of States shall be formed, of which South Carolina shall be one. On motion of Mr. Hayne, the first resolution was re- ferred to the Committee on Relations with the slaveholding States of North America, and was ordered to be printed. Mr. Inglis moved that the second resolution be laid on the table. Journal oi the Mi-, [ngiia withdrew his motion. On motion of Mr. Eayne, the second resolution was referred to the Committee on Foreign Relations, and was ordered to be printed. Mr. Mcinminger offered the following resolutions: 1. Resolved, That a Commission, to consist of three per- sons, be elected by ballot of this Covention, to proceed to Washington, to negotiate with the United States, acting through their General Government, as to the proper mea- sures and arrangements to be made or adopted in the existing relations of the parties, and for the continuance of peace and amity between them. 2. Resolved, That five persons be elected by this Conven- tion, by ballot, who shall be authorized to meet such Depu- ties as may be appointed by any other slaveholding State, for the purpose of organizing or forming a Southern Con- federacy, with power to discuss and settle a Constitution or plan of Union, to be reported to the said States for their ratification, amendment or rejection. That the said Depu- ties shall invite a meeting at Columbia, or at such other place as may be agreed upon among the Deputies of the several States, and shall report to this Convention such Constitution or Articles, as may be agreed on by said Deputies. On motion of Mr. Memminger, the first of these resolu- tions was referred to the Committee on Foreign Relations; and the second resolution to the Committee on Relations with the slaveholding States of North America. The resolutions were ordered to be printed. On motion of Mr. Ilutson, it was ordered that when the Convention adjourns, it shall be adjourned to meet to-mor- row, at twelve o'clock, m. Mr. Mazyck offered the following resolution, which was made the special order of the day for to-morrow, at one o'clock, p. m., and was ordered to be printed: Resolved, That a Committee, to consist of mem- Convention of 1860. 37 bers, be appointed, whose duty it shall be to inquire and report to this Convention how much of the legislation of Congress would be ipso facto abrogated so for as this State is concerned, by the secession of the State from the Fede- ral Union, and how much of it might remain of force, not- withstanding the act of secession. On motion of Mr. Orr, the Convention was adjourned at forty-five minutes past four o'clock, p. m. B. F. ARTHUR, Clerk of the Convention. RULES OF THE CONVENTION OF DECEMBER 17, 1860. Rule 1. The President and eighty-four members shall 1 e a quorum to transact business. 2. If any member shall absent himself without leave, he may be sent for at his own expense, and be subject to the censure of the Convention. 3. No member shall speak more than twice to the same point without leave of the Convention. 4. Each member, when speaking, shall address himself to the Chair, standing and uncovered, at his place. 5. If two members rise to speak nearly at the same time, the President shall decide which was first up. 6. Every member, when speaking, shall adhere to the point before the Convention, and shall not be interrupted unless he departs from it, when he may be called to order. 7. When a question of order arises, it shall be decided by the President, in the first instance; but any member may appeal from his determination to the Convention. 8. When a motion is made and seconded, it shall, if re- quired by a member, be reduced to writing, and delivered in at the table. 9. When a question is put by the President, and the Convention divides, the Clerk shall, at the request of any seven members present, take down and enter on the Jour- nal the names of all those members who vote for and 40 Journal of the against the question, and cause them to lie published in any gazette of the State. 10. When the President desires to be heard, the mem- bers shall take their seals, and keen order whilst be is BpeaJring. 11. "When a motion is made for adjournment and sec- onded, ttO question shall be debated until the Convention shall have decided that motion. 12. Motions to adjourn, to take a recess, to lav on the table, to postpone indefinitely, or to a day beyond the ses- sion, to adjourn a debate, shall be decided without debate, after such short conversations as the President niav permit. 13. On points not specified in the above rules, the Con- vention shall be governed by the "rules of the House of Representatives of the General Assembly of South Caro- lina," so far as they are applicable. Convention of 1860. 41 THURSDAY, DECEMBER 20. 1860. At the hour to which the Convention was adjourned, the President took the chair, and the proceedings were opened with prayer hy Rev. T. R. English. The Clerk called the Roll, and the following Delegates answered to their names: Messrs. Adams, Allison, Appleby, Atkinson, Aver, Barnwell, Barron, Barton, Beaty, Bethea, Bellinger, Bobo, Bonneau, Brabham. Brown, C. P. Brown, A. II. Buchanan, Burnet, Cain, Calhoun, Caldwell. Campbell, Cam, Carlisle. Carroll, Caughman, Cauthen, Charles, Chesnut, Cheves, Clarke, Conner, Crawford, Curtis, Dargan, Davant, Davis, De Saussure, De Treville, Dozier. Duncan, Dunkin. Dunovant. .V. Q. Dunovant, R. G. M. Du Pre. Easlev. Ellis,' English, Evans. Fair, Finlev, Flud, Forster. Foster. Frampton, Furman, Gradbeny, Garlington, Geigvr. Gist. Glover, Goodwin, Gourdin, R. X. Gourdin, T. L. Green, Gregg. Maxcy Gregg. William Grishani. Hammond, Hanckel, Harllee. Harrison, 42 Journal of the IIllVIIC Henderson, I [ononr, I [opkins, Hunter, I [uteon, [nglis, [ngram, Jackson, Jefteries, Jenkins, John Jenlqns, J. E. Johnson, Keitt, Kershaw, Kilgore, Kinard, Kinsler, Landrum, Lawton, Lewis, Logan, Lyles, McCrady, Mclver, McKee, MoLeod, Magrath, Manigault, Manning, Maul din, Maxwell, Mayes. Mazyck, Means, Memminger, Middleton, J. I. Middleton, W. Miles, Moore, Moorman, Noble, Nbwell, O'llear, Orr, Palmer, Parker, I Yrrin, Pdpe, I 'orcher, Pressly, Quattlebaum, Rainey, Reed, Rhett, Rhodes, Richardson, F. D. Richardson, J. P. Robinson, Rowell, Rutledge, Scott, Seabrook, E. M. Seabrook, G. W., Sr. Sessions, Shingler, J. M. Shingler, W, 1\ Simons, Simpson, Smyly, Smith, Snowden, Spain, Sprat t, Springs, Stokes, Sims, Thompson. R. A. Thomson, Thomas Timmons, Tompkins, Townsend, Wagner, Wainianiakor, Wardlaw, D. L. Wardlaw, F. II. Watts, Wier, Wliitner, Williams, Convention of 1860. 43 Wilson, I. D. Withers, Wilson, J. H. Woods, Wilson, W. B. Young. The Journal of yesterday's proceedings was read. Mr. Read offered the following resolution : Resolved, That the Mayor of the City of Charleston be invited to a seat on the floor of the Convention. Mr. Means moved that the resolution be amended so as to include in the invitation the Governor, the President of the Senate, and the Speaker of the House of Representa- tives. The amendment was accepted by the mover of the reso- lution ; and the resolution, as amended, was adopted. The President announced the following Committees: Committee to draft a summary statement of the causes which justify the secession of South Carolina: Messrs. C. G. Mcmminger, F. H. Wardlaw, R. W. Barnwell, J. P. Richardson, B. H. Rutledge, J. E. Jenkins, P. E. Duncan. Committee ou so much of the Message of the President of the United States as relates to the claim of property of the United States within the limits of South Carolina: Messrs. A. G. Magrath, L. M. Keitt, J. P. Carroll, W. W. Harllee, J. H. Wilson, R. G. M. Dunovant, W. II. Campbell, 41 Journal of the Messrs, J. P. Reed, W. Bopkii W. s. LyL . G. W. Beabrook, Br., J. J. Ingram, E. M. Clarke. Coniniittec on Relations \\hli the slaveholding States oi North America: Messrs. T. J. Withers, J. II. Means, J. L. Manning, J. Townsend, II. C. Young, A. Mazyck, L. M. Ayer, W. 13. Wilson, T. R. English, S. Fair, 11. J. Davant, J. M. Gadberry, E. St T. Bellinger. Committee on Foreign Relations: Messrs. W. F. Miles, J. II. Adams, W. II. (list, F. I). Richardson, L. \Y. Sj.ratt, Win. Cain, T. L. Gourdin, A. W. Burnet, G. Maniganlt, E. Noble, J. S. O'Hear, J. D. Pope, E. W. Charles. Convention of 1860. 4") Committee on Commercial Relations and Postal Ar- rangements : Messrs. B. F. Bnnkin, E. McCrady, H. W. Conner, R. N". Gourdin, J. L. No well, T. I). Wagner, Wm. Gregg, J. J. P. Smith, J. Jenkins, W. Middleton, A. H. Brown, E. M. Seabrook, R. F. Simpson. Committee on the Constitution of the State : Messrs. D. L. Wardlaw, J. H". Whitner, T. W. Glover, I. W. llayne, R. De Treville, J. A. Dargan, T. Thomson, J. Buchanan, A. C. Spain, II. Mclver, T. C. Perrin, W. D. Johnson, J. B. Kershaw. The President announced that Mr. R. C. Logan is ap- pointed Cashier, and Mr. J. G. Pressley Deputy Cashier, of the Convention. Mr. Rhett offered the following resolution : Resolved, That a Committee of Thirteen be appointed to report to this Convention an Ordinance proposing and 4G Journal of tiie providing for the assemblage of a Convention of the slave- holdinff States of the United States to form the Constitu* thin of a Boutheni Confederacy. On motion of Mr. F. II. Wardlaw, the resolution was referred to the Committee on the sloveholding States of North America. Mr. Inglis. from the Committee appointed to prepare an Ordinance proper to be adopted by the Convention, pre- sented the following REPORT: The Committee appointed to prepare a draft of an Ordi- nance proper to he adopted by the Convention in order to effect the. secession of South Carolina from the Federal Union, respectfully report, That they have had the matter referred under considera- tion, and believing that they would best meet the exigen- cies of the great occasion, and the just expectations of the Convention, by expressing, in the fewest ami simplest words possible to be used, consistently with perspicuity, all that is necessary to effect the end proposed and no more, and so excluding everything, which, however proper in itself, for the attention and action of the Convention, is not a necessary part of the solemn act of secession, but may, at least, be as well effected by a distinct Ordinance or reso- lution, they submit for the consideration of the Conven- tion the accompanying brief draft: AN ORDINANCE To dissolve the Union between the State of South Carolina and other States united with her under the compact entitled "The Constitution of the United States of America." We, the Pcojrfe of the State of South Carolina, in Convention assembled, do declare and ordain, and it is hereby declared ami ordained, That the Ordinance adopted by us in Convention, on Convention of 18G0. 47 the twenty-third day of May, in the year of our Lord one thousand seven hundred and eighty-eight, whereby the Constitution of the United States of America was ratified, and also all Acts, and parts of Acts, of the General Assem- bly of this State, ratifying amendments of the said Con- stitution, are hereby repealed ; and that the union now subsisting between South Carolina and other Slates, under the name of "The United States of America," is hereby dissolved. Mr. Spain moved that business be suspended for fifteen minutes ; which motion was not agreed to. The question being put, will the Convention adopt the Ordinance? it passed in the affirmative; Yeas, 169 ; Nays, none. The yeas and nays were demanded, and are as follows: Those who voted in the affirmative are: lion. D. F. Jamison, President: and Messrs. Adams, Allison, Appleby, Atkinson, Aver, Barnwell, Barron, Barton, Beaty, Bethea, Bellinger, Bobo, Bonneau, Brabham, Brown, A. II. Brown, C. P. Buchanan, Burnet, Cain, Calhoun. Caldwell, Campbell, Cam, Carlisle, Carroll. Caughman, Cauthen, Charles, ( Jhesnut, Cheves, Clarke. Conner, Crawford, Curtis, Dargan, Davant, Davis. De Saussure, De Treville, Dozier, Duncan. Dunkin, Dunovanl. A. Q. Dunovant, R. (i. M. Du Pre, Easlev, Ellis," English, is Journal of hie : Fin] . Flud, Forster, Fog Frampton, Furman, Gadberry, Garlington, Geig i Glover, ( roodwin, ( rourdin, \l. X. Gourdin, T. L. ( rr sen, Gregg, Maxcy 1 igg, William ( h isnam, Hammond, I [anckel, Harllee, Harrison, ! \ :\ lie, iderson, Honour, Hopkins, 1 [nnter, Hutsou, [nglis, Ingram, Jackson, Jefferies, Jenkins, John Jenkins, .). E; Johnson, Keitt, Kershaw, Kilgore, Kinard, Kinsler, Landrum, Lawton, Lewis, an, Lv Mc( 'rady, Mclver, McKee, McLeod, Magrath, Manigault, Manning, Maul din, Maxwell. Mayes. Mazyck, Means, Memminger, Middleton, John Izard Middleton, W. Miles, Moore, Moormanj Noble, Nowell, ( >'IIear, Orr, Palmer, Parker, Pen-in, Pope, Porcher, Press ley, Quattlebaum, Rainey, Reed, Rhett, Rhodes, Richardson, F. D. Richardson, J. V. Robinson, Rowell, Rutledge, Scott, Seabrook, E. M. Seabrook, G. W., Sr. Sessions, Shingler, W. P. Convention of 1860. 49 Stringier, J. M. Townsend, Simons, Wagner, Simpson, Wannamaker, Sinylv, Wardlaw, D. L. Smith, Wardlaw, F. II Snowden, Watts, Spain, Wier, Spratt, Whitner, Springs, Williams, Stokes, Wilson, I. I). Sims, Wilson, J. II. Thompson, P. A. Wilson, W. 13. Thomson, Thomas Withers, Timmons, Woods, Tompkins, Young. On motion of Mr. Miles, it was ordered that the Clerk telegraph forthwith to our members of Congress in Wash- ington the result of the vote and the Ordinance of Seces- sion. Mr. De Saussure offered the following resolutions, which were considered immediately, and were agreecj to: Resolved, That a message be sent to His Excellency the Governor, and to both branches of the Legislature, inviting their attendance at the Institute Hall, at seven o'clock thin evening; and that this Convention move in procession to the Institute Hall, ami there, at seven o'clock, in the pres- ence of the constituted authorities of the State, and of the People, sign the Ordinance of Secession. Resolved, That the President invite a member of the rev- erend clergy to attend at Institute Hall, at seven o'clock, this evening, and, upon the signing of the Ordinance, to return thanks to Almighty God, on behalf of the People of this State, and to invoke His blessing upon our proceed- ings. Resolved, That the Ordinance be engrossed, under the direction of the Attorney General and the Solicitors, upon parchment, and signed by the President and members of the Convention at the Institute Hall, in the alphabetical 4 50 Journal on the order of Election Districts, and be deposited in the archives of the State. Mr. hwnkiii offered the following Ordinance, which was considered immediately: Be it ordained, by the People of South Carolina, by their Delegates in Convention assembled, That until otherwise provided by the Legislature, the Governor shall be authorized to appoint Collectors and other officers connected with the Customs for the several ports within the State of South Carolina, and also all Post Masters within the said State: and that, until such appoint- ment shall have been made, the persons now charged with the duties of the said several offices shall continue to dis- charge the same, keeping an account of the moneys received and disbursed by them respectively. Mr. Gadbcrrv moved to amend, by striking out the words "by the Legislature." Mr. Dunkin accepted the amendment. Mr. E. M. Seabrook moved that the Ordinance be refer- red to the Committee on Commercial Relations and Postal Arrangements. Mr. Seabrook withdrew his motion. Mr. Carroll moved that the Ordinance be made the (Spe- cial order of the day for to-morrow, at one o'clock, p. M., which motion was not agreed to. Mr. Maxcy Gregg moved to strike out all after the ordain- ing words, and insert the following: We, the people of the State of South Carolina, in Con- vention assembled, do declare and ordain, and it is hereby declared and ordained, that until otherwise provided for by the General Assembly, the importation of merchandize into this State shall be free and unrestricted; and it shall be the duty of the Governor to make such temporary regu- lations as may be requisite, concerning the entry and clear- t Convention of 1860. 51 ance of vessels, and to appoint such officers as may be needed for the purpose ; and it shall be the duty of the General Assembly to provide proper compensation for all officers whose appointment is required by this Ordinance. Section 2. And it is further ordained and declared that, until otherwise provided for by the General Assembly, it shall be the duty of the Governor to appoint Post-masters, and to make such temporary arrangements as may be re- quisite for the transportation of the mails, having due regard to mail contracts with the Government of the United States, now subsi sting. Mr. J. I. Middleton proposed the following amendment, as an additional clause to the Ordinance : And the Collectors of the Customs are hereby instructed to levy and collect duties on all goods, wares and merchan- dize, at half the rates heretofore exacted by operation of the last Tariff Act of the United States Government, until otherwise directed by law. Mr. Hutson offered the following amendment : We, the people of the Commonwealth of South Carolina, in Convention assembled, do declare and ordain, and it is luTeby declared and ordained, That until the General Assembly shall otherwise pro- vide, all citizens of this State now holding office under the Government of the United States, within the limits of South Carolina, be, and they are hereby appointed to hold, under the Government of this State, the same offices they now fill, with the pay and the emoluments they now receive. And be it further ordained, that until the General As- sembly shall otherwise provide, the revenue and postal laws of the United States be, and they are hereby, adopted and made the laws of this State; saving and excepting that no duties shall be collected upon goods, wares, merchan- ;VJ JoiKN LI OF TIIK dizes and productions imported from any of the Blavehold- \ms commonwealths of North America. Ami be it further ordained, that all monies collected by any of the officers aforesaid shall, after deducting the sums jsary for the compensation of officers and other expen- ses, be paid into the Bank of the State of South Carolina, subject to the order of the General Assembly. Ami he it further ordained, that the officers aforesaid shall retain in their hands all property o\' the United States in their possession, Custody and control, Bubject to the dis- posal of" the General Assembly, who will account for the same upon a final settlement with the Government of the United States. Mr. A. H. Brown offered the following amendment: That the Governor of the State be empowered forthwith to collect duties on imports at the rates now existing in the United States, and appoint Collectors or other recipients for the same, and hold them subject to the further direction "( this body, and also continue the present Postal Arrange- ments, in part contracted on our behalf, till further arrange- ments can be effected. On motion, the ordinance, and the amendments pro- posed, were ordered to be printed. rending the debate, . % On motion of M.T. Mazy ck,« business was suspended at forty-five minutes past three o'clock, P. M., till half-past six o'clock, P. m. RECESS. The President resumed the chair. On motion of Mr. Rhett, it was ordered, that when the Convention adjourn, it shall be adjourned to meet to-mor- row, at twelve o'clock, m. Mr. DeSaussure offered the following resolution, which, on motion of Mr. Bonneau, was ordered to lie on the table: Convention of 1860. 53 Itesolced, That the Charleston Delegates to the Conven- tion be requested to cause an alteration to be made in the arrangement of the Hall, so that the seat of the President shall be in the centre of the Hall, on the south side, oppo- site to the front entrance ; and the chairs of the members be arranged on the right hand and the left, facing the chair, thus bringing the members face to face, and ensuring the chance of being distinctly heard. A message was received from the Senate, through their Clerk, Mr. William E. Martin, informing the Convention that the Senate ace'epted the invitation of the Convention, to attend the signing of the Ordinance of Secession at In- stitute Hall, this evening, at seven o'clock. A message was received from the House of Representa- tives, through their Clerk, Mr. John T. Sloan, informing the Convention that the House of Representatives accepted the invitation of the Convention, to attend the signing of the Ordinance of Secession at Institute Hall, this evening, at seven o'clock. The Convention moved in procession to Institute Hall. The President took the chair, and the proceedings were. opened with prayer by Rev. Dr. Bachman. The Attorney General, Mr. I. W. Ilayne, made the fol- lowing report: The Attorney-General and the Solicitors, to whom was confided the care of the Ordinance of this Convention for engrossing and enrollment, have performed that duty, and caused the great seal of the State to be attached thereto. Whereupon, the Ordinance was presented, and was signed by every member of the Convention, the Election Districts having been called in alphabetical order. When the signing was completed, the President of the Convention said : The Ordinance of Secession has been signed and ratified, 54 Journal of tiii: nnd I proclaim the State of South Carolina an Independent Commonwealth. On motion, the Convention was adjourned at fifteen min- utes past nine o'clock, P. If. B. v. Aimiru, ( V, /•/■■ of the ( bnventi&n. FRIDAY DECEMBER 21, 1860. At the hour to Which the Convention was adjourned, the President took the chair, and the proceedings were opened with prayer by Rev. D. Du Pre. The Clerk called the Roll, and the following Delegates answered to their names: Messrs. Adams, Cauthen, Allison, Cliesnut, Appleby, Cheves, Atkinson, Clarke, Ayer, Conner. Barnwell^ Crawford, Barron, Curtis, Barton, Dargan, Beaty, Davant, Bethea, Davis, Bellinger, I>e Saussure, Bobo, DeTreville, Bonneau, Duncan, Brabham, Dunkin, Brown, A. 11. Du Pre, Buchanan, Easley, Calhoun, Ellis, Caldwell, English, Campbell, Evans, Cam, Fair, Carlisle, Finley, Carroll, Find," Caughman, Forster, Convention of 1860. 55 Foster, Manning, Frampton, Mauldin, Furman, Maxwell, Gad berry, Mayes, Garlington, Means, Geiger, Memminger, Glover, Middleton, J. Izard Goodwin, Middleton, W. Gourdin, R. 1ST. Moore, Green, Moorman, Gregg, Maxcy Lowell, Gregg, William Orr, Grisham, ralmer, Hammond, Parker, Hanokel, Perrin, Harllee, Pope, Harrison, Porcher, llavne, Pressley, Henderson, Quattlebaum, Honour, Raineyj Hopkins, Reed, Hunter, lihett, Hutson, Rhodes, Inglis, Richardson, J. P. Ingram, Robinson, Jackson, Rowell, Jefferies, Kutledge, Jenkins, John Scott, Jenkins, J. EL Seabrook, E. M. Johnson. Seabrook, G. W., Sr. Keitt, Sessions, Kershaw, Shingler, W. F. Kilgore, Shingler, J. M. Kinard, Simons, Kinsler, Simpson, Landrum, Smyly, Lawton, Smith, Lewis, Snowden, Logan, Spain, Lyles, Springs, McCrady, Stokes, Mclver, Sims, McKee, Thompson, R. A. McLeod, Thomson, Thomas Mao-rath, Timmons, 56 Journal of tiii: Tompkins, Whitner, Townsend, Williams, Wagner, Wilson, I. D. Wannamaker, Wilson. J, II. AVanllaw. D. L. Wilson, W. B. Wardlaw, F. II. Withers, Watts. Woods, Wier, Young. Mr. Adams moved that this Convention go into secret session. On motion of Mr. Perrin, the motion was ordered to lie on ilic table. Mr. ELhett presented the report of the Committee ap- pointed to prepare an address to the people of the Southern States. On motion of Mr. D. L. Wardlaw, the address was ordered to be printed. Mr. Carn moved that the address be made the special order of the day for Monday next, at one o'clock, P. m. Mr. Reed moved to amend, by striking out "Monday next" and inserting "to-morrow" ; which amendment was agreed to, and the address was made the special %rder of the day for to-morrow, at one o'clock, p. m. Mr. 1>. L. Wardlaw, from the Committee on the Consti- tution of the State, made a report, and reported the follow- ing ORDINANCE: An Ordinance to alter the Constitution of the State of South Carolina in respect to the oath of office. We, the People* of the State of South Carolina, in Con- vention assembled, do declare and ordain, and it is hereby declared and ordained, That the Fourth Article of the Constitution of the State of South Carolina, heretofore amended, be now altered so as to read as follows, to wit: All persons who shall be elected or appointed to any office of profit or trust, before entering on the execution Convention of 1860. 57 thereof, shall take (besides special oaths, not repugnant to this Constitution prescribed by the General Assembly) the following oath: "I do solemnly swear (or affirm) that I will be faithful, and true allegiance bear, to the State of South Carolina, so long as I may continue a citizen thereof; and that I am duly qualified, according to the Constitution of this State, to exercise the office to which I have been appointed; and that I will, to the best of my ability, dis- charge the duties thereof, and preserve, protect and defend the Constitution of this State, so help me God." On motion of Mr. D. L. "Wardlaw, the Ordinance was considered immediately, was adopted, was ordered to be engrossed and to be signed by the President and the Clerk. On motion of Mr. Pressley, leave of absence was granted to Mr. Dozier, on account of sickness. On motion of Mr. Spain, leave of absence, until Monday, the 31st instant, was granted to Mr. Green, on account of indisposition. SPECIAL ORDER. On motion of Mr. DcTrcville, the Convention proceeded to the consideration of the following resolution, which had been made the special order of the day for Thursday, at one o'clock, r. m. : "Resolved, That it is expedient that a Council, to consist of five citizens of the State, to act with the Governor o\' the State as his counsellors and advisers, and to be called a Council of Safety, should be forthwith appointed; and that it be referred to a Committee of this Convention to report thereon, by Ordinance or otherwise. On motion of Mr. DeTreville, the resolution was amended by striking out all after the word "Resolved," and insert- ing the following: "That it be referred to the Committee on the Constitution to enquire and report on the expedi- ency of appointing forthwith a Council to consist of Journal of ihi ••iti/.ciis of the State, to act with the Governor of the State, ih hi- counsellors and adviser.-, and to be called a Council On motion of Mr. De Treville, the resolution, as amended, agr< ed i". ( »n motion of Mr. Adams, the Convention went into SECRET SKssioX. Mr. Harllee offered the following resolution which was considered immediately and was agreed to. Resolved, That a Committee of three be appointed to wait iijion his Excellency the Governor, for the purpose of ascer- taining if there be any information in his possession which requires this Convention to advise with him in secret session, or suggest any course for him to pursue, oilier than the exercise of his own discretion in the present state of affairs. Whereupon, the President appointed Messrs. Harllee, Orr and Chesnut, of the Committee. Mr. Miles, from the Committee on Foreign Relations, presented the following Report: The Committee on Foreign Relations to whom were re- ferred certain resolutions touching the appointment of Com- missioners, to treat with the United states, concerning the property of the latter in South Carolina, and other matters, beg leave respectfully to Report: That they have duly considered the subjects submitted to them, and recommend the immediate adoption of the fol- lowing resolution : Resolved, That three Commissioners, to be elected by ballot of this Convention, he directed forthwith to proceed to Washington, authorized and empowered to treat with the Government of the United States for the delivery of the forts, magazines, Light-houses, and other real estate, with their appurtenances, within the limits of South Caro- Convention of 1860. 59 lina, and also for an apportionment of the public debt and for a division of all other property held by the Government of the United States, as agent of the Confederated States, of which South Carolina was recently a member; and gener- ally to negotiate as to all other measures and arrangements proper to be made and adopted in the existing relations of the parties, and for the continuance of peace and amity between this Commonwealth and the Government at Washington. Mr. Barnwell offered the following amendment, which, on motion of Mr. Heed, was ordered to lie on the table. Resolved, That James Chesnut, Jr.. W. P. Miles, L. M. Keitt and William II. Trescott, be appointed Commission- ers of this Convention, with instructions to proceed forth- with to -Washington, to lav the Ordinance of Secession before the Federal Government, and to treat with that Government concerning the property claimed by it within this State, and any other right affected by tin 1 act of secession. Mr. Maxcy Gregg offered the following amendment: Resolved, That three Commissioners, to be elected by ballot of this ('(invention, be directed forthwith to proceed to Washington, authorized and empowered to present to the President of the Confederacy, from which the State of South Carolina has now withdrawn, a copy of the Ordin- ance adopted by this Convention on the twentieth day of the present month, and to demand of him the immediate withdrawal from the territory of South Carolina, of the military and naval forces now there under his command, and the immediate delivery of the forts, with their arma- ments and of the other buildings and lands heretofore held by the Government of the United States within the terri- tory of South Carolina; and also to otter t<> treat, on the part of the State of South Carolina, concerning an equitable division of the public property of the late Confederacy and 60 Journal of the apportionmenl of the public debt and arrangement of postal affairs, and concerning any other measures which may bo proper to be adopted for the preservation of peace and amity between this Commonwealth and the Government at Washington. Mr. Gregg withdrew his amendment. The Report of the Committee was agreed to. Mi-. Elarllee, from the Committee appointed to wait npon his Excellency the Governor, reported that they had dis- charged that duty, and thai his Excellency was nol in possession of information, making it necessary for him to communicate with the Convention in Secret Session. On motion of Mr. Gist, the doors of the Uall were thrown open. On motion of Mr. Buchanan, it was ordered, that when the Convention adjourns, it shall be adjourned -to meet to-morrow, at twelve o'clock, m. On motion of Mr. J. I. Middleton, leave of absence, till Monday next, was granted to Mr. Appleby. On motion of Mr. Inglis, business was suspended at fifty- five minutes past three o'clock, p. .m., until seven o'eloek p. m. RECESS. The President resumed the Chair. The President laid before the Convention the following communication, which was received as information, and was left in the possession of the President : Charleston Hotel, December 21, 1860. Hon. D. F. Jamison, President of the South Carolina Convention, now sitting in Charleston: Dear Sir: I have the honor to lay before you, for infor- mation, a despatch, just received by me, from his Excel- lency, John J. Pettus, Governor of Mississippi, in which Convention of 1860. Gl he informs me that in Hinds County, where the most for- midable opposition, or co-operation, ticket in the State was organized, those in favor of separate State action have suc- ceeded by a majority of three hundred; and that we have the State Convention by a majority of four to one. I have the honor to enclose the despatch, to he disposed of at your pleasure. Very respectfully, your obedient servant, C. E. HOOKER. The despatch referred to is as follows : To Hon. C. E. Hooker, Commissioner: Hinds County three hundred majority for prompt seces- sion. Our majority in Convention four to one. JOHN J. FETTUS. Mr. Adams, from the Committee appointed to count the ballots cast for three Commissioners to Washington, re- ported that one hundred and sixty-four (104) ballots were cast, with the following result: Mr. W. P. Miles received 22 votes: R. W. Barnwell, 104; L. M. Keitt, 4: C. O. Memminger, 38; T. J. Withers, 44; J. II. Adams. 21; A. G. Magrath, 69; I. W. Hayne, 1; J. S. Preston. 23; .1 . V. Carroll, 4: J. L. Orr, 59; Wm. H. Trescott. 34; R. B. Rhett, 10; J. Chesnut, Jr., 2i»; L>. L. Wardlaw, 0: W. P. Finley, 3; J. L. Manning, l ; \\. F. De Saussure, ^: Maxcy Gregg, •'»: John McQueen, 1; W. IT. Gist, 1; John A. InglU 4; I. D. Wilson, 1; W. W. llarllee, 1; B. F. Dunkin, 2; J. F. Richardson, 1; J. Townsend, 1. Eighty-three being a majority, R. W. Barn- well only, is elected. On motion of Mr. De Trevillc, the Convention proceeded to a second ballot for Commissioners to Washington* Mr. Memminger, from the Committee appointed to pre- pare a declaration of the causes which justify the secession of South Carolina from the Federal Union, made a report, which, on motion of Mr. Dargan, was made the special 62 JOUBM LL OS T1IH order of the day for to-morrow, at one o'clock, p. m.. and was ordered to be printed. Mi-. Atkinson, from tin- Committee appointed to count the ballots cast on the second ballot for Commissioners to the Federal Government at Washington, reported that no one had received a majority of the ballots cast, and that, consequently, there was no election. The Convention proceeded to a third ballot for Commis- sioners to the Federal Government at Washington. On motion of Mr. Bobo, leave of absence, till Wednes- day next, was --ranted to Mr. Carlisle, on account of the illness of his family. On motion of Mr. Dunkin, the following Ordinance, together with the amendments thereto, was taken up from the table : Be it ordained by the People of South Carolina, by their Delegates in Convention assembled, That until otherwise provided, the Governor shall be authorized to appoint Collectors and other officers con- nect. d with the customs for the several ports within the State of South Carolina, and also, all Post-masters within the Baid Slate; and that until such appointment shall have been made, the persons now charged with the duties of the said several offices shall continue to discharge the same, keeping an accounl of the monies received and disbursed by them respectively. On motion of Mr. Dunkin. the Ordinance, together with the amendments, was referred to the Committee on Com- mercial Relations and Postal Arrangements. Mr. Cheves offered the following Ordinance, which, on motion of Mr. Cheves, was referred to the Committee on Commercial Relations and Postal Arrangements, and yyas ordered to be printed : Whereas, the Federal Government of the United States of America, has, from time to time, with the consent of Convention of 1860. 63 this State, created certain offices of profit and trust, as well within as without the limits of this State ; And whereas, divers persons, as well citizens of this State, as others, have, with the consent of this State, and by the appointment of the said Federal Government of the United States of America, undertaken the execution of the functions of the said offices, and become bound by official oaths and heavy penalties, to the Federal Government aforesaid, for the performance of the same : And whereas, the sudden arrest of the functions of the said offices would work great inconvenience to the citizens of this State, and grievous hardship to the persons bound as aforesaid : Wherefore, for the convenience of this State and for the relief of said persons, Be it ordained, and by the people of the State of South Carolina, in Convention assembled, it is ordained. That all persons who were in occupation of any office of profit or trust under the Government of the United States of America, immediately previous to the adoption of the Ordinance of Secession, shall continue to exercise the functions of the same, iu like manner and form precisely as before the adoption of said Ordinance, until otherwise ordered. And that all Laws of the Federal Government of the United States of America, which shall have been abrogated by virtue of said Ordinance, are hereby declared in full force and effect for the purposes aforesaid, and no other. And be it further ordained, that the operation of this Or- dinance may be, at any time, suspended by the Governor of this State at his discretion. And that the General Assembly of this State is author- ized and empowered to repeal the same whensoever it shall be by them deemed expedient. Mr. Reed offered the following resolution, which, on motion of Mr. Means, was ordered to lie on the table: Resolved, That when this Convention adjourns, it shall 64 Journal of tiii: be adjourned to meet on Tuesday, the fifteenth day of Jan- uary next, ;tt twelve o'clock, m. Mr. John Lzard Middleton offered the following resolu- tions, which were referred to the Committee on Commer- cial Relations and Postal Arrangements: /,' '■ I, That until the General A-ssembly shall other- wise determine, all goods, wares and merchandize im- ported into tliis Commonwealth, be subjected to a rate of duties amounting to one-halt' of that exacted by the late Gk>vernmen1 of the United States, excepting all goods, wares, and merchandize imported from any of the slave- holding States of this Continent, at amity with this Com- monwealth, the products of which shall l>e free of all duties. Resolved, That until the General Assembly shall other- wise provide, duties on the tonnage of all vessels resorting to the pons of this Commonwealth, shall be at the rates heretofore exacted by the late Government of the Tinted States. On motion of Mr. Mazyck, the following Resolution was taken up: Resolved, That a Committee, to consist of member.-. be appointed, whose duty it shall be to inquire and report to this Convention bow much of tbe Legislation of Con- gress would be ipso facto abrogated, so far as this State is concerned, by the secession of the State from the Federal Union, and how much of it might remain of force, notwith- standing the Act of Secession. On motion of Mr. Mazyck, the blank was tilled with the number thirteen, and the Resolution, as amended, was agreed to. Mr. Middleton offered the following Ordinance, which, on motion of Mi'. Ohesnut, was ordered to lie on the table: Be it ordained, by the People oi the State of South Caro- lina, now met and sitting in Convention, that all citizens Convention of 1860. 65 of South Carolina in the naval and military service of the United States who have, in consequence of the present aspect of political affairs, resigned their commissions, or who may, for that cause, resign their commissions within the term of months, shall he entitled to and shall he placed in the same grade in the service of the Common- wealth of South Carolina, with that which they relinquish, and shall receive, respectively, the pay and emoluments attached to their grade in the late United States service, suhject, in all cases, to such enactments in relation to naval and military affairs as may be passed by the General Assembly. Mr. Barron, from the Committee appointed to count the ballots cast on the third ballot for Commissioners to the Federal Government at Washington, reported that Messrs. James II. Adams and James L. Orr had received a majority of the hallots cast. Whereupon, the President announced that Messrs. R. W. Barnwell. James II. Adams, and James L. Orr, are duly elected Commissioners to the Federal Gov- ernment at Washington. On motion of Mr. Bobo, the Convention was adjourned at five minutes past ten o'clock, p. M. B. F. ARTHUR, Clerk of the Convent ton. SATURDAY, DECEMBER 22, 1860. At the hour to which the Convention was adjourned, the President took the Chair, and the proceedings were opened with prayer by Rev. John G. Landrum. The Clerk called the Roll, and the following Delegates answered to their names : 66 Journal of the Messrs. Adams, Allison, Atkinson, Aver, Barnwell, Barron, Barton, Beaty, Bethea, Bellinger, Bobo, Bonneau, Brabham, Brown, A. II. Brown, C. P. Buchanan, Burnet, Cain, Calhoun, Caldwell, Campbell, Cam, Carroll, Caughman, Cautnen, Charles, Chesnnt, Cheves, Clarke, Conner, Crawford, Curtis, Dargan, Davant, Davis, De Saussure, De Treville, Duncan, Dun kin, Dunovant, A. Q. Dunovant, R. G. M. DuPre, Fas ley, Ellis, English, Evans, Fair. Finite. Find.' Forster, Poster, Frainpton, Funhan, ' iadberrv, ( Darlington, (u'iger, Gist, Glover, Goodwin, Gourdin, R. N". Gourdin, T. L. Gregg, Maxcy, Gregg, "William Grisham, 1 [ammond, Hanckel, Harllee, Harrison, I Iavne, Henderson, Bonour, Eopkins, I I miter, I lutson, [nglis, [ngram, Jackson, Jefteries, Jenkins, John Jenkins, J. E. Johnson, Keitt, Kershaw, Kilgore, Kinard, Kinsler, Fandrum, Lawton, Lewis, Logan, Convention of 1860. 67 Lyles, McCrady, Mclver, McKee, MeLeod, Magratli, Manigault, Manning, Mauldin, Maxwell, Mayes, Mazyck, Means, Memminger, Middleton, J. I. Middleton, W. Miles, Moore, Moorman, Noble, Nowell, O'llear, Orr, Palmer, Parker, Perrin, Pope, Porch er, Presslev, Qnattlebaum, Rainey, Reed, Rhett, Rhodes, Richardson, F. D. Richardson, J. P. Robinson, Rowell, Rntledge, Scott, Seabrook, E. M. Seabrook, G. W., Sr. Sessions, Shingler, J. M. Shingler, W. P. Simons, Simpson, Smyly, Smith, Snowden, Spain, Spratt, Springs, Stokes, Sims, Thompson, R. A. Thomson, Thomas Timmons, Tompkins, Townsend, Wagner, Wannamaker, Wardlaw, D. L. Wardlaw, F. H. Watts, Wier, Whitner, Williams, Wilson, I. D. Wilson, J. II. Wilson, W. B. Withers, Woods, Young. The President announced the following gentlemen as the Committee to inquire how much of the legislation of Congress would be abrogated by the secession of the State from the Federal Union: 68 Journal of tih: Me88r8. Alexander M;iz\ ck, II. C. Davis. 'B. 15. Poster, T. M. Hanckel, B. P. Kllgore, J. Maxwell, R. Moorman, J. S. Palmer, W. J*. Shingler, A. B. Springs, J. Tompkins, S. Bobo, II. I. Caughman. The President laid before the Convention the following: communication : Charleston, Dec. 21, 1860. Honorable the 7V< suhnl ami Delegates of il<>- Commonwealth of South Carolina: Gentlemkx: The Commissioners of the Orphan House have instructed me to invite you to visit the Institution of the Orphan House in this city, whenever it may suit your convenience t<> do so, individually or as a body. The House will he at all times open for your inspection. Respectfully, II. A. DeSAUSSURE, Chairman of Commissioners of Orphan House. On motion, the communication was received as informa- tion, and the invitation was accepted. Mr. Means offered the following Resolution, which was considered immediately, and was agreed to: Resolved, That the Commissioners to the Federal Gov- ernment at Washington be authorized to appoint a Secre- tary, if necessary. Mr. Gadberry offered the following Resolution, which was considered immediately, and was agreed to: Convention of 1860. 69 Resolved, That it he referred to the Committee on the Constitution, to inquire whether the powers heretofore del- egated to the Federal Government- by this State, and re- named by the Ordinance of Secession, may not be properly bestowed upon the Legislature of this State; and if so, to report to this Convention an Ordinance for that purpose. Mr. De Saussure, from the Committee on the Address to the People of the Southern States, made a Report on the Address of a portion of the members of the General As- sembly of Georgia; which, on motion of Mr. Withers, was ordered to lie on the table and to be printed. Mr. Miles offered the following Resolution, which was considered immediately, and was agreed to: Resolved, That the travelling expenses of our Commis- sioners to Washington be paid, and that they receive ten dollars each, per diem, for their personal expenses during the time they may be employed in the discharge of the duties of their mission. Mr. Ilayne offered the following Resolution, which was considered immediately, and was agreed to: , Resolved, That the resolution, adopted in secret session, for the appointment of Commissioners to the Government of the United States, be committed to C. D. Melton, Esq., one of the Solicitors of the State, for the purpose of pre- paring commissions for the Commissioners elected by this body — the said C. D. Melton being first sworn to secrecy. Mr. Simons offered the following Resolution, which was considered immediately, and was agreed to: Resolved, That there be added to the Standing Commit- tees of this Convention an Engrossing Committee, to con- sist of three members, to be appointed by the President. 70 Joi'KNAI. OF Tin: Mr. Miles offered the following Resolution, which was considered immediately, and was agreed t<>: R solved, That the injunction of secivrv lie removed as to yesterday's proceedings, and that the report of the Commit- tee "ii Foreign Relations be printed with the Journal of this day. On motion of Mr. Magrath, the Convention went into SECRET SESSION. Mr. Magrath, from the Committee to whom had been referred so much of the message of the President of the United States as relates to the property of the United States within the limits of South Carolina, made the fol- lowing REPORT. The Committee to whom was referred so much of the message of the President of the United States as relates to the property of the United States, within the limits of South Carolina, ask leave to report, that the several mat- ters embraced in the resolution, will require, necessarily, some delay in obtaining the information proper for the Convention. From Mr. Colcock, who tilled the office of Collector at the port of Charleston, they have reeeived all the information which they desired "' relation to that por- tion of the property of the United States, within the limits of this State, which was under his control. This informa- tion is embraced in a paper annexed to this report. In addition to it, Mr. Colcock has kindly furnished informa- tion of the Light-Houses within this Collection District, which will also be found in a paper annexed to this report. From the information which this Committee has re- ceived, it can further report, that in the waters of South Carolina, are two forts: one known as Fort Sumter, the other known as Castle Pinckney. Within the limits of the Convention of 1860. 71 State, situate on Moultrieville, is another fort, known as Fort Moultrie ; and within the corporate limits of the City of Charleston, is the Arsenal, owned by the United States. and used as a depot for arms, ammunition and equipment. The purposes for which these places, last referred to, were acquired, this Committee can only undertake to report, when, from -the grants, deeds or other modes in which they have been obtained, a recital of the same will serve the purpose of affording exact information. A further direction to the Committee was to enquire and report, whether the continued possession of these places, now referred to, after the secession of the State, is, or not. consistent with its safety and honor. In the opinion of the Committee, such possession, by the United States, is not consistent either with the honor or safety of the State. While the State of South Carolina was one of the Con- federation known as the United States, the purpose of the three forts was, under the orders of the General Govern- ment of the United States, and in the discharge of its obligation to provide for the common defence, to repel invasion. An attack upon South Carolina, was an attack upon the United States. But no purpose of common defence can now be urged for the retention of that possession of these places, which the General Government has heretofore enjoyed. The obligation of a common defence, no longer binds the State of South Carolina to the surrender of her soil, the control of her waters, or the possession of places within her terri- torial limits, and in which neither the process of her Courts, nor the laws she enacts, will be permitted to operate. Regarding, therefore, the possession of these forts by the General Government of the United States, as no longer required by a regard for the common defence of the United States ; and that, in the separate and independent condi- tion of South Carolina, such possession would indicate the assertion of a right to control, within the limits of the State, by a power now, in all its relations, foreign ; and 72 J<»l KVU. OF THE thai •! l'v tin- Government of the United 8nch circumstances, would be inconsistent lafety :uin :iintion of Mr. Magrath, the report was ordered to lie "ii the table; and the resolution was taken up tor con- i .1 1 it >n. Mr. A. II. Brown offered the following amendment, as an additional clause: "And that the Commissioners be further instructed to declare that South Carolina will not j.ird with indifference any attempt on the part of the Federal Government further to fortify or garrison the forts ■ d within its limits." Mr. Eutson offered the following amendment: '•All the land within the limits of the State of South Carolina, now in the actual or constructive possession of the CTnited States." Mr. offered the following amendment : /.'• Ived, That our Commissioners to Washington should demand the speedy delivery to the State of South Carolina of the ungarrisoned fortifications — Castle Pinckney and Fort Sumter — as essential to the security of Charleston ; < sistenl with the dignity of the State, and as the most effectual means of preserving peace and amity between this Commonwealth and the Government at Washington. /.' olvt ii. Thai they should demand the withdrawal of the Cnited States Troops, now in Fort Moultrie, at the ear- lies! practicable period, and the delivery of that fort im- mediately thereafter to the authorities of South Carolina. Convention of 1860. 73 Resolved, That the Commissioners should not await an answer to these demands longer than the day of Jan- uary, 1861 — but upon the expiration of the above period, or in ease of refusal of the above demands, or refusal to receive or treat with the Commissioners, that the said Com- missioners return immediately home and report the result of their mission to this Convention. Resolve§, That upon the acquiescence of the Government at Washington, in the above mentioned demands, and the receipt of intelligence from the Governor of South Caro- lina that Fort Sumter and Castle Pinckney are in the pos- session of the authorities of the State, that the Commis- sioners do then, and not before, proceed to treat and negotiate touching all other matters and things committed to them by the resolution of the Convention creating the Commission. Mr. D. L. Wardlaw offered the following resolution as an additional clause to the resolution reported by the Com- mittee : Resolved, That our Commissioners, being fully possessed of this resolution, and of the opinions of this Convention in reference to troops in the harbor of Charleston, he left to the exercise of their sound discretion in negotiating with the United States. Mr. Cheves offered the following amendment : Resolved, That it is the* sense of this Convention that it is not consistent with the dignity of this Stale that her Commissioners should remain at Washington later than the fifteenth day of January next, unless before that time Fort Sumter and Castle Pinckney shall have been restored to the authorities of this State. Mr. F. D. Richardson offered the following amendment : 1. Resolved, That it is the opinion of this Convention that the garrisoning of Fort Sumter and Castle Pinckney 7 1 JOURS M. OF Till' or the farther mounting of guns on cither fortification, must be regarded, at this time, as an overt acl of hostility. •_'. Resolved, That the Governor of this State be requested ircise the utmost vigilance and useeverj means at his command, to intercept and prevent the garrisoning of said fortresses or mounting of »'nns thereon. 8. Resolved, Thai the Gk>ver - be requested to ascertain, if it be practicable, and report to tliis Conventioi whether any and what changes have been recently made in all the fortifications in the harbor of Charleston, and whether the work of fortifying them is still progressing. On motion, all the amendments proposed were ordered to lie on the table; and the resolution reported by the ( lommittee was agreed to. Mr. Dunkin, from tin- Committee on Commercial Rela- tionsand Postal Arrangements, made a report and reported an Ordinance to make provisional Postal Arrangements in South Carolina ; which was considered immediately; was agreed to: was ordered to he engrossed; and to be signed by the President and the ( !lerk. < >n motion of Mr. Dunkin, the injunction of secrecy was removed, in relation to the action of the Convention, on the Ordinance to make provisional postal arrangements in South ( larolina. Mi - . Dunkin presented the following REPORT: The Committee on Commercial Relations and Postal Arrangements, beg leave to report, that they have consid- ered iln' various matters referred to them, in relation to the Customs, and the officers charged with the collection of tin' same and other officers or agents in any manner con- nected with the same, and they submit an Ordinance for a provisional arrangement thereof. 'riir Committee, regarding the Ordinance now submitted as merely provisional, have not deemed it expedient or ne- •y. at this time, to provide for the contingency, that Convention of 1860. 75 an Act of Congress may hereafter be passed, imposing duties on goods, wares and merchandize passing into any of the United States from this State. AX ORDINANCE To provide for the continuance of Commercial facilities in South Carolina : We, the People of South Carolina, in Corn-en t ion assembled, do declare and ordain, dnd it is hereby declared and ordained, That all citizens of this State, now holding office, connected with the Customs, under the Government of the United States, within the limits of South Carolina, be and they are hereby appointed to hold, under the Government of this State, the same offices they now till, until otherwise directed, and to receive the same pay and emoluments for their services. And it is further ordained. That in case of the resignation of either of them, the Governor is empow- ered to supply the vacancy ; and such officers are hereby authorized, until otherwise instructed, to collect duties on imports at the rates now existing in the United States of North America; and they are hereby directed to hold the same, subject to the further action of this body; saving and excepting, however, that no duties shall be collected upon goods, wares, merchandize, and products imported direct from any of the States forming the late Federal Union, known as the United Slates of North America. And be it further ordained, That the officers aforesaid shall retain in their hands all property of the United States in their possession, custody and control, subject to the disposal of this State, who will account for the same, upon a final settlement with the Government of the United States. Mr. "Wagner presented the following REPORT : The undersigned, the minority of the Committee on Commercial Relations and Postal Arrangements, feel eon- 76 Jbl i;X \i. OP THE strained to differ from the views expressed by the majority, ;iinl beg leave to recommend for the consideration of the Convention the following Ordinance. (Signed) Theodore D. Wagner. John Jenkins. AX ORDINANCE To provide for the continuance of Commercial Relations in South Carolina : We, th( People of the State of South Carolina, in Convention assembled, do declare and ordain, and it is hereby declared and ordained, That until otherwise provided for by the General Assembly, the importation of merchandize into tins State shall be free and Unrestricted ; and it shall be the duty of the Governor to make such temporary regulations as may be requisite concerning the entry and clearance of vessels, and to appoint such offieers as may be needed for the pur- pose; and it shall he the duty of the General Assembly to provide proper compensation for all officers whose appoint- ment is required by this Ordinance. On motion of Mr. Pope, the majority and minority Re- ports, together with the Ordinances recommended, were made the special order of the day tor Monday next, at one o'clock, p. Bi;, and were ordered to he printed. On motion of Mi". Miles, it was Ordered, That when the Convention adjourns, it shall he adjourned to meet on Monday next, at twelve o'clock, M. On motion of Mr. Miles, the Convention was adjourned. B. F. ARTHUR, ( 'A /■/,• of the Convention. Convention of 1860. 77 REPORT OF THE COMMITTEE ON FOREIGN RELATIONS. The Committee on Foreign Relations, to whom was re- ferred certain resolutions touching the appointment of Commissioners, to treat with the United States concerning the property of the latter in South Carolina, and other matters, beg leave respectfully to REPORT : That they have duly considered the subjects submitted to them, and recommend the immediate adoption of the following resolution : Resolved, That three Commissioners, to be elected by ballot of this Convention, be directed forthwith to proceed to Washington, authorized and empowered to treat with the Government of the United States for the delivery of the Forts, Magazines, Light-Houses, and other real estate, with their appurtenances, within the limits of South Caro- lina, and also for an apportionment of the public debt, and for a division of all other property, held by the Govern- ment of the United States, as agent of the Confederated States, of which South Carolina was recently a member ; and, generally, to negotiate as to all other measures and arrangements proper to be made and adopted, in the exist- ing relation of the parties, and for the continuance of peace and amity between this Commonwealth and the Govern- ment at Washington. All of which is respectfully submitted. WM. PORCHER MILES, Chairman. 7^ Journal of tiii: Monday, decembeb 2$ i860, • At the hour to which the Convention was adjourned, the President took the Chair, and the proceedings were opened with prayer by Rev. J. M. Timmons. The Clerk called the Roll, and the following Delegates answered to their names : Messrs. Allison, Atkinson, Aver, Barron, Barton, Beaty, Bethea, Bellinger, Bobo, Bonneau, Brabham, Brown, A. II. Brown, C. P. Burnet, Cain, ( lalhoun, Caldwell, ( lampbell, ( 'am, ( Jarroll, ( 'aughman, Cauthen, Charles, Chesnut, Cheves, Clarke, Conner, Crawford, Dargan, Davis, De Saussure, DeTreville, Dunkin, Dunovant, R. G. M. Du Pre, ESasley, Ellis, English, Evans, Fair, Finley, Flud, Forster, Foster, Frampton, Furman, Gadberry, < Darlington, Geiger, Gist, Clover, Goodwin, ( lourdin, R. N. Gourdin, T. L. Gregg, William Grisnam, I laimiiond, Eanckel, llarllee, Harrison, 1 [ayne, I [enderson, Honour, Hopkins, I I unter, Ilutson, [nglis, digram, .larkson, Jeft'eries, Convention of 1860. 79 Jenkins, John Jenkins, J. E. Johnson, Keitt, Kershaw, Kilgore, Kinard, Kinsler, Landrum, Lawton, Lewis, Logan, Lyles, Mclver, Mclvee, McLeod, Magrath, Manning, Mauldin, Maxwell, Mazyck, Means, Memminger, Middleton, J. Izard Middleton, W. Moore, Moorman, Noble, No we 11, O'Hear, Palmer, Parker, Perrin, Pope, Porcher, Pressley, Quattlebaum, Rainey, Reed, Rhett, Richardson, F. D. Richardson, J. P. Robinson, Rowcll, Rutledge, Scott, Seabrook, G. W., Sr. Sessions, Shingler, W. P. Simpson, Smyly, Smith, Snowden, Spain, Spratt, Springs, Sims, Thompson, R. A. Thomson, Thomas Timmons, Tompkins, Townsend, Wannamaker, Wardlaw, D. L. Wardlaw, F. II. Watts, Wier, Whitner, Williams, Wilson, I. I). Wilson, J. II. Wilson, W. B. Withers, Woods, Young. The Journal of yesterday's proceedings was read. The President announced the following as the Engross- ing Committee : Messrs. T. Y. Simons, S. Fair, H. Mclver. 80 Jot RNAL OP 1 BE Mr. Lyles offered the following resolution, which was considered immediately, and was agreed to»: /.' - '<-•/. Thai the Honorable M.S. Perry, Governor of tin' State of Florida, now in the City of Charleston, be, and he is hereby, invited to a seat on the floor of the Con- vention. Mr. De Saussure presented the account of E. 11. Stokes, for putting the Baptist Church in Columbia in condition for receiving the Convention; which, on motion of Mr. Maxcy Gregg, was ordered to lie on the table. Mr. Quattlebaum offered the following resolutions, which were considered immediately, and were agreed to: Jusolnd, That the accounts of the Printers for this Con- vention l»e audited by the Comptroller-General, allowing them the rates designated in the Resolution conferring upon them their appointment : and that the said accounts, when so audited, he paid by the Treasurer of the Lower ] >ivision. Resolved, That immediately after the Convention shall have terminated its present session in Charleston, the sev- eral Ordinances adopted by it, together with the Journal of its public proceedings, be printed in pamphlet form ; and thai five hundred copies be struck off, Wn- the use of the Convention, to be disposed of under the direction of the President. Mr. Pressley offered the following resolution, which was considered immediately, and was agreed to: Mesolved, That a Committee on Accounts, to consist of live members, he appointed by the President. Mr. Caughman offered the following resolution, which was considered immediately, and was referred to the Com- mittee on Printing : Itesolced, That copies of the Ordinance of Seces- Convention of 1860. 81 sion and the signatures thereto, be photographed for the use of the members of the Convention. V Mr. Magrath offered the following Ordinance, which was considered immediately, and was referred to the Commit- tee on the Constitution of the State, and was ordered to be printed : We, the People of the State of South Carolina, in Convention assembled, do da-lore and ordain, and it is herdn/ declared and ordained, That until otherwise provided for by the General Assembly of the State of South Carolina, the Judges of the Courts of Law in this State shall have and take cogni- zance of all cases of admiralty and maritime jurisdiction. And that the said Judges shall further have jurisdiction of all offences under the laws of the United States relating to the Post-office Department, the Public Customs, Seamen, and offences upon the high seas. That the laws of the United States, which were in operation at the time of the secession of this State, in relation to these several offences, be and are hereby retained as parts of the laws of this State, until otherwise provided for by the General Assembly of the State; saving and excepting therefrom so much as re- lates to the Courts in which such offences shall be tried. That the said Judges shall have power to appoint such officers under them as may be necessary for the proper dis- charge of the duties herein provided. And that in such cases as have been tried by a jury, the trial shall be by a jury according to the mode of force in this State in relation thereto. And in cases in the admiralty and maritime juris- diction, in which the trial by jury has not been established, the forms and modes of proceeding shall be such as have been heretofore in use in Courts within this State, having cognizance of such cases. On motion of Mr. D. L. Wardlaw, Mr. Magrath was added to the Committee on the Constitution of the State. On motion of Mr. Rhett, the Convention proceeded to the consideration of the Address of the People of South 6 82 Journal of the Carolina, assembled in Convention, to the People of the Slaveholding States of the United States., \lr. Dargan moved that the Address, together with the Declaration of the Causes which justify the secession of South Carolina from the Federal Onion, be recommitted to b Special Committee, to be composed of the Committee on the Address, and the Committee on the Declaration; which motion was not agreed to. SPECIAL ORDER. On motion of Mr. Dunkin, the Convention proceeded to the consideration of the Report of the Committee on Com- mercial Relations and Postal Arrangements, and the Report of the Minority of the same Committee ; which had been made the special order of the day for this day, at one o'clock, p. M. On motion of Mr. Harllee, the special order was dis- charged for thirty minutes. The Convention resumed the consideration of the Ad- dress to the People of the Slaveholding States. After some time passed in the consideration thereof, the Address was adopted. The Convention proceeded to the consideration of the Declaration of the Causes which justify the secession of South Carolina from the Federal Union. Mr. Gregg moved that the Declaration be ordered to lie on the table; and the question being put, will the Conven- tion agree thereto? it WAS decided in the negative: Yeas, 31 ; nays, 124. The yeas and nays were demanded, and are as follows: Those who voted in the affirmative are: Messrs. Atkinson, Davis, Ayer, De Saussure, Bonneau, DuPre, Burnet, Flud, Cain, Furman, Calhoun, Gist, Carroll, Gourdin, T. L. Convention of 1860. 83 Gregg, Maxcy Palmer, Kilgore, Parker, Kinsler, Smith, Logan, ■ Snowden, Lyles, Spain, Manigault, Timmons, Maxwell, Tompkins, Mazyck, Wilson, J. H. Noble, Those who voted in the negative are : Hon. D. F. Jamison, President; and Messrs. Allison, Finley, Barron, Forster, Barton, Foster, Beaty, Frampton, Bethea, Gadberry, Bellinger, Garlington, Bobo, Geiger, Brabham, Glover, Brown, A. H. Goodwin, Brown, C. P. Gourdin, P. N. Caldwell, Gregg, William Campbell, Grisham, Carn, Hammond, Caughman > Hanckel, Cauthen, llarllee, Charles, Harrison, Chesnut, Hayne, Cheves, Henderson, Clarke, Honour, Conner, Hopkins. Crawford, Hunter, Curtis, Hut son, Dargan, Inglis, De Treville, Ingram, Duncan, Jackson, Dunkin, Jefferies, Dunovant, A. Q. Jenkins, J. E. Dunovant, P. G. M. Jenkins, John Easley, Johnson, Ellis, - Keitt, Evans, Kershaw, Fair, Kinard, 84 Joi RNAL OF THE Landrom, Lawton, Lewis, Mc< Irady, Mclver, McKee, McLeod, Magrath, Manning, Mauldin, Means, Memminger, Middleton, J. Izard Middleton, W. Miles, Moore, Moorman, Nowell, O'Hear, Perrin, Pope, Porcher, Pressley, Quattlebaum, Rainey, Reed, Rhodes, Richardson, F. I). Richardson, J. P. Robinson, Rowel], Rutledge, Scot i, ' Seabrdok, E. M. Seabrook, Gh W., Sr Sessions, Shingler, J. M. Simons, Simpson, Smvly, Springs, Stokes, Sims, Thompson, R. A. Thomson, Thomas Townsend, Wagner, Wannamaker, Wardlaw, D. L. Wardlaw, F. H. Watts, Wier, Whitnor, Williams, Wilson, I. D. Wilson, W. B. Withers, Woods, Young. ' So the motion was not agreed to. After sundry amendments, the Declaration was adopted, and was committed to the Engrossing Committee. Mr. D. L. Wardlaw, from the Committee on the Consti- tution of the State, made a report, and reported "an Ordi- nance to alter the Constitution of the State of South Caro- lina, in respect to the Executive Department;" which was ordered for consideration to-morrow, and to he printed. Mr. D. L. Wardlaw, from the Committee on the Con- stitution of the State, reported an Ordinance to alter the Constitution of the State of South Carolina, by striking out certain words in sundry places; which was ordered for con- sideration to-morrow, and to be printed. Convention of 1860. 85 On mdtiou of Mr. E. M. Seabrook, leave of absence for a feAv days was granted to Mr. Davant, on account of sick- ness. On motion of Mr. Cheves, business was suspended at twenty-five minutes past four o'clock, p. m., until seven o'clock, P. M. RECESS. When the President resumed the Chair, On motion of Mr. Dunkin, an Ordinance to make pro- visional Postal Arrangements in South Carolina, was com- mitted to the Engrossing Committee. On motion of Mr. Dunkin, the Convention went into SECRET SESSION. The Convention proceeded to the consideration of the Report of the Majority and the Report of the Minority, of the Committee on Commercial Relations and Postal Ar- rangements, in relation to the Customs; and pending the consideration thereof, the Convention was adjourned to meet to-morrow, at eleven o'clock, A. m. B. F. ARTHUR, Clerk of the Convcntvn TUESDAY, DECEMBER 25, 1860. At the hour to which the Convention was adjourned, the President took the Chair, and the proceedings were opened with prayer by Rev. John J. Wannamaker. The Clerk called the Roll, and the following Delegates auswered to their names: 86 Journal of the Messrs. Allison, Furman, Atkinson, Gadberry, Ayi-r. Garlington, Barron, Geiger, Barton, Gist, Booty, Glover, Bethea, Goodwin, Bellinger, Gourdin. R. X. Bobo, Gourdin, T. L. Bonneau, Gregg, Maxey Brabham, Gregg, William Brown, A. H. Grisham, Brown, C. P. Hammond, Burnet, Ilanekel, Cain, Harllee, Calhoun, Harrison, Caldwell,. Ilayne, Cam, Honour, Carroll, Hopkins, Canghmaa, * Hunter, Cauthen, Hntson, Charles, Ino-lis, Chesnut, Ingram, Cheves, Jackson, Clarke, Jefferies, Conner, Jenkins, John Crawford. Jenkins, J. E. Curtis, Johnson, Dargan, Kershaw, Davis, Kilgore, De Saussure, Kinard, De Treville, Kinsler, Duncan, Landrum, Dwnkin, • Lawton, Dunovant, A. Q. Lewis, Dunovant, Ii. G. M. Logan, Du Pre, Lyies, Ellis, Melver, Evans, McKee, Fair, MeLeod, Finley, Maniganlt, Find, Manning, Forster, Mauldin, Foster, Maxwell, Frampton, Mazyck, Convention of I860. 87 Means, Simons, Memminger, Middleton, J. Izard Simpson, Smvly, Middleton, W. Smith, Miles, Snowden, Moore, Spain, Moorman, Spratt, Noble, Nowell, Springs, Stokes, O'llear, Sims, Palmer, Parker, Thompson, R. A. Thomson, Thomas Perrin, Timmons, Porcher, Tompkins, Pressley, Townsend, Quattlebanm, Wagner, Rainey, Wannamaker, Reed, Wardlaw, D. L. Rhett, Wardlaw, F. H. Rhodes, Watts, Richardson, F. D. Wier, Richardson, J. P. Whitner, Robinson, Williams, Unwell, Wilson, I. D. Rutledge, Wilson, J. H. Scott, Wilson, W. B. Seabrook, E. M. Withers, Seabrook, G. W., Sr., Woods, Sessions, Young. Shingler, J. M. The Journal of yesterday's proceedings was read. Mr. Withers presented the report of the Committee on Relations with the Slaveholding States of North America, on the various resolutions referred to them; winch, on motion of Mr. Smith, was made the special order of the day for to-morrow, at one o'clock, p. m., and was ordered to be printed. On motion of Mr. F. II. Wardlaw, leave of absence from and after to-morrow, until Monday next, was granted to Mr. William Gregg, on account of important business. The President presented to the Convention the following communication, which was ordered to be entered on the Journal and to be printed : 88 JOURN LI OP THE Charlbbton, December 24, 1860 lb th President and Delegates of tin Convention of //<< Independent State of South Carolina: ( ; i m u:mi:x : I have this moment been Informed that you did me the honor, by Resolution, to invite me to a 3ea1 od tlir floor <>t' the Convention. I am wanting in language, gentlemen, adequately to express the feelings this very un- expected courtesy at your hands has given rise to. In the whole course of life, nownearing hall" a century — a life not entirely devoid of incidents calculated to inspire a laudable manly pride — I have never felt so honored as in being privileged to a seat among those who, smarting under wrongs inflicted by the hands of a perverted government, have, with an unanimity and firmness unparalleled, broken the link of union with faithless confederates, and are en- gaged in the high, laudable, (may I not say) holy purpose of improvising a government which shall " confer the greatest liberty consistent with the rights, liberty and hap- piness of the governed." I may say to you, without subjecting myself to the charge of treason, that I approve of every act of your Convention, in so far as known to me, in every particular. Your Ordinance is in good taste, to the point, and covers the whole ground. Permit me to assure you, gentlemen, that gallant little Florida will be the next to follow your wise and patriotic lead. Upon the meeting of the Convention, Florida will, as certainly as anything in the future can be certain, wheel immediately into Line with the gallant old Palmetto. "We are identified with you in interest; in feeling, in determina- tion not to submit to Black Republican rule, and a com- mon destiny must be ours. I regret exceedingly that urgent official duties, which I may not, in prudence, postpone, will deprive me of the pleasure of availing myself of your kindly courtesy. "With a tender of my sincere thanks, for the honor con- ferred, I am, gentlemen, Very respectfully, Your obedient servant, M. S. PERRY. Convention of 1860. 89 The President announced the following Committee on Accounts : Messrs. T. Thomson, R. T. Allison, D. R. Barton, J. J. Brabham, A. J. Hammond. Mr. Pe Saussure presented the account of P. B. Glass, for stationery furnished to the Convention during its session in Columbia ; which was referred to the Committee on Accounts. On motion of Mr. De Saussure, the account of E. R. Stokes was taken up, and was referred to the Committee on Accounts. Mr. Perrin offered the following resolution, which, on motion of Mr. Rhett, was ordered to lie on the table : Resolved, That this Convention take a recess from and after four o'clock, Wednesday, the 26th inst., until twelve o'clock, m., Wednesday, the Kith day of January next, unless called together at an earlier day by the President. Mr. Manigault offered the following resolution, which, on motion of Mr. Manigault, was ordered to lie on the table for the present : Resolved, That this Convention hereby instruct the Gov- ernor to make, forthwith, all the preparations which may be needed for asserting, by force, the rights and jurisdiction of South Carolina within its territories. On motion of Mr. Simons, it was Ordered, That the Engrossing Committee be authorized to employ two Clerks. Mr. Finley offered the following Resolution, which was considered immediately, and was agreed to : 90 Journal or Tin: // ' /. Thai copies of the " Ordinance of Secession," adopted by this Convention, and of the "Declaration pi t In- Immediate causes which induce and justify the Seces- sion of South Carolina from the Federal I nion," and of " The Addivss of the People of South Carolina assembled in Convention to the People of the Slaveholding States of the United States/' be transmitted by the Governor of this State to tlif Governors of the Slaveholding States of the United States, for the information of their respective Legis- latures or Conventions, where Conventions of the People have been called in any of the said Slaveholding States. On motion of Mr. Dunkiii, the Convention went into SECRET SESSION. The Convention resumed the consideration of the Re- port of the Majority, and the Report of the Minority of the Committee on Commercial Relations and Postal Ar- rangements, in regard to the Customs. Mr. Maxcy Gregg moved that the Ordinance reported by the minority of the Committee be adopted, and the ques- tion being put, will the Convention agree thereto ? it passed in the negative : Yeas, 16 ; nays, 121. The yeas and nays were demanded, and are as follows : Those who voted in the affirmative are : Messrs. Brown, C. P. Pressley, Burnet, Richardson, F. 1). Dn Pre, Scott, Gregg, Maxcy Seabrook, G. W., Sr. Jenkins, John Snowden, Kinsler, Spain, Manigault, Spratt, Mazyck, Wagner, Those who voted in the negative are : Hon. D. F. Jamison, President, and Messrs. Allison, Ayer, Appleby, Barron, Atkinson, Barton, Convention of 1860. 91 Beaty, Betliea, Bobo, Brabham, Calhoun, Caldwell, Campbell, Cam, Carroll, Caughman, Cauthcn, Chesnut, Cheves, Clarke, Conner, Crawford, Curtis, Dargan, Davis, De Saussure, De Treville, Duncan, Dunkin, Dunovant, A. Q. Dunovant, R. G. M. Ellis, Evans, Finley, Find, Forster, Foster, Frampton, Furman, Gadberry, Garlington, Geiger, Gist, Glover, Goodwin, Gourdin, R. N. Gourdin, T. L. Grisham, Hammond, Hanckel, Harllee, Harrison, Hayne, Honour, Hopkins, Hunter, Hutson, Inglis, Jackson, JeiFeries, Johnson, Kershaw, Kinard, Landrum, Lawton, Lewis, Logan, Lyles, McCrady, Mclver, McKee, McLeod, Magrath, Mauldin, Means, Memminger, Middleton, John Izard Middleton, W. Miles, Moore, Moorman, Noble, Nowell, O'Hear, Palmer, Parker, Perrin, Porcher, Quattlebaum, Rainey, Reed, Rhodes, Richardson, J. P. Robinson, Rowell, Rutledge, 92 Journal ob the Seabrook) E . M. Tompkins, ions, Towns. - 1 1 « 1 _ Shingler, J. M. Wardlaw, I). L Shingler, w . 1'. Watts, Bimons, Wier, Simpson, Whitner, Smyly, Williams, Smith, Wilson, J. II. Springs, Wilson, W. B. Stokes. Withers, Thomson, Thomas "Woods, Timmons. Young. So the motion was not agreed to. Mr. Mazyck offered the following amendment : "Provided that such imports shall be the products <>! the said States." Mr. Memminger moved that the amendment be ordered to lie on the table; and the question being put, will the < Jonvention agree thereto ? it passed in the negative : Yeas, 65 ; nays, 79. The yeas and nays were demanded, and are as follows: Those who voted in the affirmative are : Hon. I). F. Jamison, President; and Messrs. Barron, Beaty, Bethea, Bobo, Brabham, Calhoun, ( larroll, Caughman, ( lauthen, Charles, Chesnut, ( 'olllHT, Crawford, ( Surtis, l)e Saussure, Duncan, I Minkin, Dunovant, R. G. M. Ellis, Evans, Foster, Garlington, Geiger, Gourdin, R. K Grisham, Hammond, Hanckel, Harrison, Hay ne, Hunter, Ingram, Jefferies, Kershaw, Landrum, Lewis, McCrady, Convention of 1860. 93 Magrath, Manning, Mauldin, Means, Memminger, Nowdl, Perrin, Quattlebanm, Reed, Richardson, J. P. Robinson, Rntledge, Sessions. Simons, Smvlv. Smith, Springs, Thomson. Thomas Tompkins, Townsend, Wardlaw, P. L. Wardlaw, F. H. AVntts, Whitner, Wilson, I. D. Wilson, J. II. Wilson, W. B. Withers. Those who voted in the negative are Messrs. Allison, Appleby, Atkinson, Ayer, Barton, Bellinger, Brown, C. P. Burnet, Caldwell, Campbell, Cam, Cheves, Clarke, Dargan, Davis, De Treville, Dn Pre, Fair, Finley, Find, Forster, Fnrman, Gist, Glover, Goodwin, Gourdin, T. L. Gregg, Maxcy Ilarllee, Honour, Hopkins, Hutson, Inglis, Jackson, Jenkins, John Johnson, Keitt, Kilgore, Ivinard, Kinsler, Lawton, Logan, Lyles, M elver, McKee, McLetxl, Manigault, Maxwell, Mazyck, Middleton, J. Izard Middleton, W. Miles, Moore, Moorman, Noble, O'Hear, Palmer, !'4 Journal of the Parker, Simpson, Porcher, Snowden, Pressley, Spain, Rainey, Spratt, Rhodes. Stokes, Richardson, F. D. Timmons, Rowell, Wagner, Scott. Wier, Seabrook, E. M. Williams, Seabrook, G. W., Sr. Woods, Shingler, J. M. Young. Shingler, A\ r . P. So the motion was not agreed to. Mr. Rutledge offered the following amendment: We, the People of the State of South Carolina, in Con- vention assembled, do declare and ordain, and it is hereby declared and ordained, that all citizens of this State who, at the date of the Ordinance of Secession, were holding office connected with the Customs, under the Government of the United States, within the limits of South Carolina, be, and they are hereby, appointed to hold under the Gov- ernment of this State, exclusive of any further connection whatever with the Federal Government of the United States, the same offices they now till until otherwise di- rected, and to receive the same pay and emoluments for their services. That until this Convention, or the General Assembly, shall otherwise provide, the Governor shall appoint to all vacancies which may occur in such offices. That until otherwise provided by this Convention, or the General Assembly, the Revenue, Collection and Naviga- tion Laws of the United States, so far as they may be applicable, be, and they are hereby, adopted and made the laws of this State, saving that no duties shall be collected upon imports from the States forming the late Federal Union, known as the United States of America, nor upon the tonnage of vessels owned in whole or in part by the citizens of the said States; and saving and excepting the Convention of 1860. 95 Act of Congress adopted the third day of March, 1817, entitled "An Act authorizing the deposit of papers of for- eign vessels with the consuls of their respective nations;" which said Act is hereby declared to be of no force within the limits of this State. That all moneys hereafter collected by an}- of the officers aforesaid shall, after deducting the sums necessary for the compensation of officers and other expenses, be paid into the Treasury of the State of South Carolina, for the use of the said State, subject to the order of this Convention, or the General Assembly. That the officers aforesaid shall retain in their hands all property of the United States in their possession, custody or control, subject to the disposal of this State, who will account for the same upon a final settlement with the Gov- ernment of the United States. On motion of Mr. Cheves, it was Hesolrcif, That fifteen thousand copies be printed of the Address to the Southern States, the Declaration of Causes, and the Report of the Committee on the Address of Mem- bers of the General Assembly of Georgia. On motion of Mr. Memminger, the Convention was adjourned at thirty minutes past ten o'clock, p. m. B. F. ARTHUR, Clerk of the Co?ivcntion. WEDNESDAY, DECEMBER 26, 1860. At the hour to which the Convention was adjourned, the President took the Chair, and the proceedings were opened with prayer by Rev. J. II. Honour. «.»».; Journal of tin: The Clerk called the Roll, and the following Delegates answered to their nan Messrs. Allison, Appleby, Atkinson, Barron, Barton, Beaty, Bethea, Bellinger, Bobo, Bonneau, Brabham, Brown, A. H. Brown, C. P. Burnet, Cain, Calhoun, Caldwell, ( lampbell, Cam, Carroll, Caughinan, Gautnen, < Iharles, Chesnut, Cheves, Clarke, Conner, Crawford, Curtis, Dargan, Davis, De Treville, Dozier, Duncan, Dnnkin, Dunovant, R. G. M. Du Pre, Easley, » Ellis, Evans, Fair, Finley, Plud, Foreter, Foster, Frampton, Furman, Qadberry, ( Darlington, Geiger, Cist. ( Hover, Goodwin, Gourdin, II. X. Gourdin, T. L. Gregg, Maxcy Grisnam, Hammond, 1 [anekel, Harllee, Harrison, I Inviic. I [enderson, Honour, Hopkins, Hunter, Hutson, Inglis, [ngram, Jackson, Jefferies, Jenkins, John Jenkins, J. E. Johnson, Kershaw, Kilgore, Kinard, Kinsler, Landrum, Lawton, Lewis, Logan, Lyles, McCrady, Convention of 1860. 97 Mclver, Seabrook, E. M. McKce, Seabrook, Gr. W., S McLeod, Sessions. Magrath, Shingler, J. M. Mauldin, Shingler, W. P. Maxwell, Simons, Mayes, Simpson, Mazyek, Smvlv. Means, Smith. Memminger, Snowden, Middleton, J. Izard Spain, Middleton, W. Spratt, Miles, Springs, Moore, Stokes, Moorman, Thompson, R. A. Noble, Thomson, Thomas Nowell, Timmons, O'Hear, Tompkins, Palmer, Town send, Parker, Wagner, Perrin, Wannamaker, Porcher, Wardlaw, I). L. Pressley, Wardlaw, F. H. Quattlebaum, Watts, Rainey, Wier, Reed, Whitner, Rhett, Williams. Rhodes, Wilson, I. D. Richardson, F. D. Wilson, J. H. Richardson, J. P. Wilson, W. B. Robinson, Withers, Rowell, Woods, Rutledge, Young. Scott. The Journal of yesterday's proceedings was read. Mr. Spain offered the following resolution, which, on motion of Mr. Inslis, was ordered to lie on the table : Resolved, That the Governor be requested to communi- cate to this Convention, in secret session, any information he may possess in reference to the condition of Forts Moultrie and Sumter, and Castle Pinckney ; the number of guns mounted and ready for service in each ; the number 1 98 Journal of tiik of workmen employed in each, and in what kind of Labor; the number of soldiers, sailors and marines in each, and what addition (if any) has been made (hereto Bince the 20th inst Also, whether lu- lias any assurance thai said forte and castle shall net be reinforced; and it' so. from what source these assurances emanated, and what limit as to time and circumstance is attached thereto. Also, what police or other regulations (if any) he has made in relation to the harbor of Charleston and the coast of the State. Mr. Gist offered the following resolution, which was con- sidered immediately, and was agreed to: Resolved, That lion. J. W. Garrott, a Commissioner from the State of Alabama to the State of North Carolina, be invited to a seat on the floor of the Convention. On motion of Mr. Mclver, leave of absence, on and after this day, until and inclusive of Monday next, was granted to Mr. Inglis, on account of important business. Mr. A. II. Brown offered the following resolution, which was referred to the Committee on the Constitution of the State, and was ordered to be printed : Resolved, That all citizens of the United States, domi- ciled within this State at the adoption of the Ordinance of Secession, to wit : the 20th December, 18G0, be, and the same are hereby, declared citizens of South Carolina, enti- tled to all the privileges and subject to all the liabilities incident thereto. On motion of Mr. Fair, leave of absence from and after this day, until Wednesday next, was granted to Mr. Wil- liams, on account of sickness in his family. Mr. Kinard offered the following resolution, which, on motion of Mr. Lyles, was ordered to lie on the table: Convention of 1860. 99 Resolved, That this Convention take a recess from and after four o'clock, Friday, the 25th inst., until two o'clock, P. If., Friday, the 18th day of January next, unless called together at an earlier day by the President. On motion of Mr. D. L. Wardlaw, the Convention pro- ceeded to the consideration of An Ordinance to amend the Constitution of the State of South Carolina in respect to the Executiye Department, (reported by the Committee on the Constitution of the State;) and, An Ordinance to alter the Constitution of the State of South Carolina, by striking out certain words in sundry plaees, (reported by the Committee on the Constitution of the State:) And, on motion of Mr. D. L. Wardlaw, the Ordinances were made the special order of the day for this day, to be taken up as soon as the business now under consideration should have been disposed of. Mr. Khett presented the following Ordinance, which, on motion of Mr. Rhett, was made the special order of the day for this day, at one o'clock, p. m., in connection with the Report of the Committee on Relations with the Slaye- holding States of North America; and was ordered to be printed : AN ORDINANCE Recommending and providing for a Convention of the Slaveholding States of the United States, to form the Constitution of a Southern Confederacy. Be if ordained, That this Convention recommends to the Slaveholding States which shall secede from the Union of the United States, and to all other Slaveholding States, prepared to unite with South Carolina in the formation of a Southern Confederacy, to hold a Conyention at Mont- gomery, in the State of Alabama, on the thirteenth day of February next, to agree on the terms of said Confederacy. 100 Journal of the And be it farther ordained, That it be recommended to the said States to appoint, by their respective Conventions or Legislatures, as many delegates to said Convention, to represent them therein, as they have had, or may have, members in the present Congress of the United States; and that, in the said Convention, the said delegates, in forming the said Constitution, shall vote by States. And be it farther ordained, That it be recommended to the said States, that after the terms of said Constitution shall be agreed on, in said Convention, the same shall be submitted, at as early a day as practicable, to the Conven- tions or Legislatures respectively, which have appointed the said delegates, in order that the said Constitution may be considered and be ratified or rejected by said States. And be it further ordained, That in the opinion of this Convention, the Constitution of the United States should constitute the basis of the Confederation of such States as shall withdraw their connection with the Government of the United States. And be it further ordained, That this Convention shall appoint by ballot eight delegates to represent the State of South Carolina in the Convention proposed, to form the Constitution of the Southern Confederacy, and one Com- missioner to each State, which shall call a Convention of her people together, in order that the policy contained in the above Ordinances, may be pressed on the consideration of said Conventions. On motion of Mr. Dunkin, the Convention went into SECRET SESSION. The Convention resumed the consideration of the Report of the Majority and the Report of the Minority of the Committee on Commercial Relations and Postal Arrange- ments, together with the various amendments proposed thereto : . The question being put, will the Convention agree to the Convention of 1860. 101 amendment offered by Mr. Mazyck? it passed in the nega- tive : Yeas, 46 : nays, 106. The yeas and nays were demanded, and are as follows : Those who voted in the affirmative are : Messrs. Allison, Logan, Bellinger, Mclver, Bonneau, McKee, Brown, C. P. Manigault. Caldwell, Mazyck, Campbell, Middleton, J. Izard Carn, Middleton, W. Clarke, Miles, Davis, Moore, l)n Pre, Moorman, Fair, Palmer, Finley, Poreher, Find, Pressley, Forster, Scott, Gist, Seabrook, G. W. Gourdin, T. L. Shingler, J. M. Gregg, Maxey Shingler, W. P. llarllee, Snowden, Henderson, Spain, Jackson, Spratt, Jenkins, John Williams, Kinsler, Woods, Law ton, Yillic;il), Dnnkin, Dunovant, R. G. M. Easley, Ellis, Evans, Foster, Frampton, Furman, Gadbeny, Garlington, Geiger, Glover, Goodwin, Gourdin, R. N. Grisham, Hammond, Hanckel, Harrison, Ilayne, Honour, Hopkins, Hunter, Ilutson, Ingram, Jefieries, Jenkins, J. E. Keitt, Kershaw, Kilgore, Kinard, Landrum, Lewis, Lyles, McCrady, McLeod, Magrath, Manning, Maxwell, Mayes, Means, Memminger, Noble, Nowell, O'Hear, Parker, Perrin, Quattlebaum, Raimy. Reed, Rhett, Rhodes, Richardson, F. D. Robinson, Rowel 1, Rutledge, Seabrook, E. M. Sessions, Simons, Simpson, Smyly, Smith, Springs, Stokes, Sims, Thompson, R. A. Thomson, Thomas Timmons, Tompkins, Townsend, Wannamaker, Wardlaw, D. L. Wardlaw, F. H. Watts, Wier, Whitner, Wilson, I. D. Wilson, J. H. Wilson, W. B. Withers. So the motion was not agreed to. Mr. Johnson asked to record the vote he would have Convention of 1860. 103 given, if present, on agreeing to the amendment ; and Mr. Johnson being called, answered " No." Mr. Hutson offered the following amendment, which was agreed to : "That all vessels built in South Carolina or elsewhere, and owned to the amount of one-third by a citizen or citi- zens of South Carolina, or of any of the slaveholding commonwealths of North America, and commanded by a citizen thereof, and no other, shall be registered as vessels of South Carolina, under the authority of the Collector and Naval Officer." Mr. F. I). Richardson offered the following amendment, which was agreed to : "That all the official acts of the officers aforesaid, in which it is usual and proper to set forth the authority under which the>- act, or the style of documents issued by them, or any of them, shall be in the name of the State of South Carolina." Mr. Maxcy Gregg offered the following amendment : "But no duty shall exceed twenty per cent, on the value of the goods imported." Mr. moved that the amendment be ordered to lie on the table ; and the question being put, will the Conven- tion agree thereto? it passed in the affirmative : Yeas, 110 ; nays, 34. The yeas and nays were demanded, and are as follows : Those who voted in the affirmative are : Hon. D. F. Jamison, President; and Messrs. Atkinson, Caldwell, Ayer, Campbell, Barron, Cam, Barton, Carroll, Beaty, Caughman, Bethea, Cauthen, Bobo, Charles, Brabham, Chesnut, Brown, A. II. Cheves, Cain, Clarke, Calhoun, Conner, 104 JO! RNAL OF THE Craw turd, Curtis, I fergan, Davant, Davis, I »<■ Saussure, DeTreville, Dunkin, Dunovant, R. G. M. Easley, Evans, Fin ley, Foster, Frampton, Furman, Gadberry, Garlington, Geiger, Glover, < loodwin, Goardin, It. N". ( tourdin, T. L. Grisham, Hammond, Hanckel, II a rl lee, Harrison, Hayne, Honour, Hopkins, Hun tor, 1 1 ut son, Ingram, Johnson, Keitt, Kershaw, Kilgore, Kinard, Land rum, Lawton, Logan, McCrady, MeLeod, Mag rath. Manning, Maxwell, Means, Memminger, Miles, Moorman, Noble, Nbwell, O'Hear, Parker, Perrin, Quattlebaum, Etainey, Reed, Rhett, Rhodes, Richardson, J. P. Robinson, Rutledge, Scott, Seabrook, E. M. Sessions, Simons, Simpson, Smyly, Smith, Springs, Sims, Thompson, R. A. Thomson, Thomas Timmons, Tompkins, Townsend, Wannamaker, VTardlaw, D. L. Wardlaw, F. IL Watts, Wier, Whitner, Wilson, L D. Wilson, J. II. Wilson, W. 15. Young. Convention of 1860. 105 Those who voted in the negative are Messrs. Allison, Bellinger, Bonneau, Brown, C. P. Burnet, Du Pre, Ellis, Fair, Find, Forster, Gist, Gregg. Maxcy Henderson, Jenkins, John Jenkins, J. E. Kinsler, Mclver, McKee, Manigault, Mazyck, Middleton, J. Izard Middleton, W. Moore, Palmer, Pressley, Richardson, F. P. Seabrook, G. W. Shingler, W. P. Snowden, Spain, Spratt, Stokes, Wagner, Woods. So the motion was agreed to. Mr. Maxcy Gregg offered the following amendment: "But the value of all articles subject to duty, shall he computed as it was, at the place whence, and the time when, they were exported ; and the Revenue Laws of the late Government of the United States, are modified in their application accordingly." Mr. moved that the amendment be ordered to lie on the table; and the question being put, will the Conven- tion agree thereto? it passed in the affirmative : Yeas, 117 : nays, 31. The yeas and nays were demanded, and are as follows : Those who voted in the affirmative are : Hon. D. F. Jamison, President; and Messrs. Allison, Bobo, Appleby, Brabham, Brown. A. H. Atkinson, Aver, Barron, Barton, Beaty, Bethea, Burnet, Cain. Caldwell, Campbell, Carroll, HKi Journal of thh • Caughman, Kilgore, Can then, Kinard, Chesnut, Landrum, Cheves, Lawton, Clarke. Lewis, daw turd, Lvles, Curtis, McCrady, Dargan, McLeod, Davant, Magrath, Davis, Manning, DeSaussure, Mayes, DeTreville, Means, Duncan, , Memminger, Dunkin, Miles, Dunovant, R. G. M. Moorman, Easley, Noble, Ellis, Nowell, Evans, O'Hear, Finley, Parker, Flud, Pen-in, Foster, Porcher, Frampton, Qnattlebanm, Furman, Rainey, Gadberry, Reed, . Garlington, Rhett, Geiger, Rhodes, < Hover, Richardson, J. P. Goodwin, Robinson, Gourdin, R. N. Rowel 1, Gourdin, T. L. Rntledge, Grisham, Scott, Hammond, Seabrook, E. M. Hanckel, Sessions, Harllee, Shingler, J. M. Harrison, Simpson, Ilayne, Sinvly, Honour, Smith, Hopkins, Springs, Hunter, Stokes, Hutson, Sims, Jackson, Thompson, R. A. Jefr'eries, Thomson, Thomas Johnson, Timmons, Keitt, Tompkins, Kershaw, Townsend, Convention of 1860. 107 Wannamaker, Whitner, Wardlaw, D. L. Wilson, I. I>. Wardlaw, F. H. Wilson, J. II. Watts, Wilson, W. B. Wier, Young. Those who voted in the negative are : Messrs. Bonneau, Mazyek, Brown, C. P. Middleton, J. Izard DuPre, Middleton, W. Fair, Moore, Forster. Palmer, Gist, Press] ey, Gregg, Maxcy Richardson, F, D. Henderson, Seabrook, n motion of Mr. Memminger, the Ordinance wns com- mitted tn the Engrossing Committee, and was ordered to be made public. On motion of Mr. Memminger, tin' Convention was ad- journed. B. F. ARTHUR, ( it rk of tfu ( bnvention. THURSDAY, DECEMBER 27, 1860. At the hour to which the Convention was adjourned, the President took the Chair, and the proceedings were opened with prayer by Rev. D. P. Robinson. The Clerk called the Roll, and the following Delegates answered to their names : Messrs. Allison, Davant, Appleby, Davis, Atkinson, De Treville, Barron, Duncan. Barton. iMmkin, Beaty, Easley, Bellinger, Ellis, Bobo, English, Bonneau, Evans, Brown, A. II. Fair, Burnet, Find, Calhoun, Foster, Caldwell, Frampton, Campbell, Furman, Cam, Gadberry, ( 'aughnian, ( iarlington, Cauthen, Q-eiger, Charles, Gist, Chesnut, Glover, Cheves, Goodwin, Clarke, ( iourdin, R. N. Crawford, Gourdin, T. L. Dargan, Gregg, Maxcy Convention of I860. 113 Grisham, Palmer, Hammond, Parker, Hanckel, Perrin, Harllee, Poreher, Harrison, Pressley, Ha v ne, Quattlebaum, Henderson, Rainey, Honour, Reed/ Hopkins, Richardson, J. P. Hunter, Robinson, Hntson, Rowell, Jackson, Rut ledge, Jefferies, Scott, Jenkins, John Sessions, Jenkins, J. E. Shingler, J. M. Johnson, Shingler, W. P. Kershaw, Simons, Kilgore, Simpson, Kinard, Smvlv, Kins] or, Smith, Landrum, Snowden, Lawton, Spain, Lewis, Spratt, Logan, Springs, Lyles, Stokes, M elver, Thompson, R. A. McKee, Thomson, Thomas McLeod, Timmons, Mauldin, Tompkins, Maxwell, Wagner, Mayes, Wannamaker, Means, Wardlaw, D. L. Memminger, Wardlaw, F. H. Middleton, J. Izard Watts, Middleton, W. Wier, Miles, Wilson, I. D. Moore, Wilson, J. H. Moorman, Wilson, W. B. Noble, Withers, Nowell, Woods, O'Hear, Young. The Journal of j T esterday's proceedings- was read. Whereupon, the Convention went into 114 Journal of the SECRET SESSION. Mr. J)e Treville offered the following resolution, which was ordered to lie on the table : Resolved, That the Governor of the Stale- be, and he is hereby authorized and requested to take immediate posses- sion of Fort Moultrie and Castle Pinckney, and to make the necessary preparation for the recapture or destruction of Fort Sumter. On motion of Mr. F. II. Wardlaw, it was Resolved, That his Excellency the Governor be invited to attend the secret sessions of the Convention. On motion of Mr. Ilayne, it was Ordered, That a Committee of three be appointed to wait. upon his Excellency the Governor, and inform him of the invitation. Whereupon, the President appointed Messrs. Ilayne, Means and Rutledge, of the Committee. Mr. Maxcy Gregg asked and obtained leave to read a communication from Hon. L. T. Wigfall. His Excellency the Governor attended and addressed the Convention. On motion of Mr. De Treville, it was Resolved, That the Governor be requested and authorized to take possession, forthwith, of the Telegraph Office in this city, and prevent all communication between the city and Fort Sumter. Mr. R. N. Gourdin asked and obtained leave to read a communication from Major Anderson, Commandant at Fort Sumter ; and, Convention of 1860. 115 On motion of Mr. Memminger, Mr. R. X. Gourdin was appointed a Committee to transmit the communication to his Excellency the Governor. Mr. Cheves offered the following resolution, which, on motion of Mr. Memminger, was ordered to lie on the table : Resolved, That it is the sense of this Convention that the occupation of Fort Sumter ought at once to be regarded as an authorized occupation, and vigorous military defences provided immediately. Mr. D. L. Wardlaw, from the Committee on the Consti- tution of the State, made a report, and reported : An Ordinance concerning Judicial powers; and An Ordinance concerning powers lately vested in the Congress of the United States ; Which, on motion of Mr. D. L. Wardlaw, were made the special order of the day for to-morrow, at twelve o'clock, m., and were ordered to be printed. SPECIAL ORDER. On motion of Mr. D. L. Wardlaw, "the Convention pro- ceeded to the consideration of an Ordinance to amend the Constitution of the State of South Carolina, in respect to the Executive Department, which had been made the spe- cial order of the day, for this day. Mr. Maxcy Gregg offered the following amendment, which, on motion of Mr. Memminger, was ordered to lie on the table : "He may, in like manner, remove the officers whose appointment is vested in him; but such removal shall be subject to the consent of the Senate ; and if made during a recess, and afterwards disapproved of, the officer shall be restored to office." Mr. Spratt offered the following amendment, which was ordered to lie on the table : 116 JoruN.w. ok Tin: •• Provided that all the officers bo appointed, other than Ambassadors, Ministers, Consuls and Agents, hold their offices daring good behavior." Mr. A. II. Brown offered the following amendment : That the Governor shall immediately appoint four per- sons, with the advice and consent of this Convention during its existence, who. together \\ith the Lieutenant-Governor, shall form a Council, to he called the Executive Council, whose duty it shall be, when required by the Goveruor, to advise with him upon all matters which may he submitted to their consideration ; and that a record of such consulta- tions shall he kept ; and that on and after the dissolution of this Convention, the said appointments shall, from time to lime, he made by, and with the consent of, the Senate : provided, nevertheless, that the Governor shall, in all cases, decide upon his own action. Mr. Brown withdrew his amendment. Mr. Chesnut offered the following amendment : That the Governor, with the advice and consent of (his Convention, until it shall he dissolved, and after its disso- lution, with the advice and consent of the Senate, shall appoint a Cabinet, consisting of Secretaries of State, oi' War, Navy, Treasury, and the Attorney-General. Mr. Chesnut withdrew his amendment. Mr. De Treville moved to amend the last clause of the Ordinance, so as to read "that four persons shall he imrne- diately elected by this Convention, who, together with the Lieutenant-Governor, shall form a^Council, to he called the Executive Council, whose duty it shall he, when required by the Governor, to advise with him upon all matters which may he submitted to their consideration; and that a record of such consultations shall he kept: provided, neverthe- less, that the Governor shall, in all cases, decide upon his own action. Convention of 1860. 117 On motion of Air. D. L. Wardlaw, the amendment was ordered to lie on the table. The Ordinance was adopted ; was ordered to be en- grossed, and to be signed by the President and the Clerk. SPECIAL ORDER. On motion of Mr. D. L. Wardlaw, the Convention pro- ceeded to the consideration of an Ordinance to alter the Constitution of the State of South Carolina, by striking out certain words in sundry places, which had been made the special order of the day. for this day. The Ordinance was agreed to; was ordered to lie en- grossed, and to be signed by the President and the Clerk. Mr. I). L. Wardlaw, from the Committee on the Consti- tution of the State, made a report; and reported, An Ordinance to define and punish treason; and An Ordinance concerning citizenship; which, on motion of Mr. D. L. Wardlaw, were made the special order of the day for to-morrow, at one o'clock, p. m., and were ordered to be printed. Mr. Williams Middleton offered the following resolution: Resolved, That his Excellency the Governor be author- ized to accept, in his discretion, the services of volunteers from the State of Georgia, or elsewhere, who may tender the same. Mr. Glover offered the following amendment: Resolved, That the Governor, at his discretion, may re- ceive aid and assistance to this State, and volunteers from abroad; looking carefully to the exigency of circumstances and avoiding unnecessary expense: and that the Governor be authorized and requested to present the thanks of this Convention to such volunteers as may offer their services. Mr. John Izard Middleton offered the following amend- ment: 1 1 s Journal of thk That the Governor be requested to adopt measures im- mediately to prevent any reinforcements from being intro- duced into any one of the forta of Charleston harbor, and that he cause batteries to be erected on Sullivan's Island, Morris' Island and .lames' Island, in order to prevent the entrance <>t' any vessel of war belonging to the late Gov- ernment of the United States; and further, that he be required to take possession oi' Castle Pinckney and Fort Johnson. Mr. Cheves oft'ered the following amendment: Resolved, That it is the sense of this Convention that it would be unwise to presume the supposed occupation of Fort Sumter to be an unfounded rumor, or an act unau- thorized by the Federal Government; and that prudence demands that immediate vigorous military measures should be taken by the Governor in accordance with these views, until they are modified by further information. On motion of Mr. D. L. Wardlaw, all the amendments proposed were ordered to lie on the table; and the resolu- tion offered by Mr. Glover was agreed to. Mr. Memminger ottered the following resolution: Resolved, That in the opinion of this Convention, it is advisable that any volunteers, who may arrive in Charles- ton from our sister States, be united by the Governor with our own troops in any movements which lie may deem advisable tor taking possession of Sullivan's Island. Mr. Memminger withdrew his resolution. On motion of Mr. D. L. Wardlaw, the Convention was adjourned at half-past three o'elock, p. m. 13. F. ARTHUR, Clerk of the Convention. Convention of 1860. 119 FRIDAY, DECEMBER 28, 1860. At the hour to which the Convention was adjourned, the President took the Chair, and the proceedings were opened with prayer by Rev. B. F. Mauldin. The Clerk called the Roll, and the following Delegates answered to their names : Messrs. Allison, Appleby, Atkinson, Barron, Barton, Beatv, Bethea, Bellinger, Bobo, Bonneau, Brabham, Brown, A. H. Brown, C. P. Calhoun, Caldwell, Campbell, Cam, Carroll, Caughman, Cauthen, Charles, Chesnut, Cheves, Clarke, Crawford, Curtis, Dargan, Davant, Davis, Duncan, Dunkin, Dunovant, R. G. M. Du Pre, Easley, Ellis, English, Evans, Fair, Fin lev, Flud, Foster, Frampton, Furman, Gad berry, Garlington, Geiger, Glover, Goodwin, Gourdin, R. N. Gourdin, T. L. Gregg, Maxcy Grisham, Hammond, Hanckel, Harllee, Harrison, Ilavne, Henderson, Honour, Hopkins, Hunter, Hutson, Jackson, JefFeries, Jenkins, John Jenkins, J. E. Johnson, Keitt, L20 Journal of the Kershaw, Kilgore, Kinard, KiiisK'r. Landrum, Lawton, Lewis, Logan, Lyles, Mr Ivor. McKee, McLeod, Magrath, Mauldin, Maxwell, Mayes, Mazyck, Means, Memminger, Middleton, J. Izard Middleton, W. Moore, Moorman, Noble, Newell. O'Hear, Parker, Perrin, Poreher, Pres8ley, Quattlebaum, Rainey, Reed, Rhett, Rhodes, Richardson, F. D. Richardson, J. P. Robinson, Rowell, Rutledge, Scott, ' Seabrook, Gh W., Sr. Sessions, Shingler, W. P. Simons. Simpson, Smith, Snowden, Spain, Springs, Stokes, Thompson, R. A. Thomson, Thomas Timmons, Tompkins. Wagner, Wannamaker, Wardlaw, D. L. Walts, Wier, Wilson, T. D. Wilson, J. II. Wilson, W. B. Withers, Woods, Young. The Journal of yesterday's proceedings was read. Mr. A. T. Darby, delegate from St. Matthew's, appeared at the Clerk's desk, produced his credentials, signed the Roll, and took his seat. On motion of Mr. Glover, it was Resolved, That Mr. A. T. Darby have leave to sign the Ordinance of Secession. The President laid before the Convention the following Convention of 18G0. 121 communication, which was ordered to be entered on the Journal and to be printed : To the Hon. the President and Members of the Convention of the Independent State of South OaroUna: Gentlemen: I am to-night informed, that a resolution was this day adopted, inviting me to a seat on the floor of your Convention. For the compliment thus paid my State, in my person, please accept my grateful acknowledgments. I regret that engagements elsewhere imperatively forhid the enjoyment of your proffered courtesy. Intelligence received to-night makes "assurance doubly sure," that Alabama stands by the side of South Carolina, prepared to -hare with her a common destiny. Information, obtained on diligent inquiry in the last few days, justifies me in saying, that the gallant sons of North Carolina, and Virginia, are now ready to rally around the standard of Southern Rights and Honor, which you have so gloriously reared : and that those two States will also be members, in all probability, of the Great Southern Confed- eracy by the 4th of next March. The other Slave States must, sooner or later, take the same course, or be involved in inevitable ruin. To the bold, deliberate, and decisive action of your body, are the people of the South indebted for the great movement which must end in the vindication of their rights; and the future' historian must award to South Carolina the honor of leadership in carrying out the measures destined to release them from the wrongs and oppressions under which they have so long and so patiently suffered. With sentiments of profound consideration, I am, Most respectfully, .1. W". GARROTT. Charleston, December 26, 1800. Cn motion of Mr. Magrath, Leave of absence was granted to Mr. Conner, on account of sickness. 122 Journal of the On motion of Mr. Carroll, leave of absence was granted to Mi'. Hammond, on account of indisposition. On motion of Mr. Atkinson, Leave <>f absence was grant- ed to Mr. Forster, on accounl of illness in his family. On motion of Mr. Reed, leave of absence was granted to Mr. Mauldin. on account of illness in his family. O.i linuion of Mr. \V. P. Shingler, Leave of absence was granted to Mr. J. M. Shingler, on accounl of indisposition. On motion of Mr. Rhctt, the Convention proceeded to the consideration of an Ordinance, Recommending and providing for a Conven- tion of the Slaveholding States of the United States, to form the Constitution of the Southern Confederacy : and The Report of the Committee on Relations with the Slaveholding States of North America; And, pending the consideration thereof, On motion of Mr. D. L. Wardlaw, the Convention went into SECRET SESSION. The President laid before the Convention certain de- spatches received from the Commissioners to Washington. Mr. Magrath offered the following resolutions: Resolved, That the transfer of the garrison from Fort Moultrie to Fort Sumter, pending the negotiations at Washington, between the Commissioners of this State and the President of the United States, accompanied as it was by the destruction of public property, is to he regarded as an act of hostility. Resolved, That this Convention approves the conduct of the Governor in taking immediate possession of Castle Pinckney and Fort Moultrie, and of holding these places henceforth in the name of this State; and that the Com- missioners of this State at Washington he now requested to present to the President of the United States the neces- sity for the immediate withdrawal of the troops of the Convention of 1860. 123 United States at Fort Sumter, and the possession of that Fort by this State, as necessary for the peace of the State and the protection of property within its limits. Mr. Keitt moved to amend the resolution by striking out the words: "and of holding these places henceforth in the name of this State." Mr. D. L. Wardlaw offered the following amendment: Resolved, That in reference to Forts Moultrie and Sumter, troops of the United States have committed acts of hostility against this State, in violation of the understanding to which this State, in the hope of preserving peace, lias carefully adhered. That if upon the disavowal of those acts by the President of the United States, matters shall he restored to the status ante helium, this Convention will expect the Governor, by employment of State force's and other suitable means, to insure the safety of the United States troops against all violence, when those troops shall have returned to Fort Moultrie, which they have partially dismantled; and that if the restoration shall be ordered, our Commissioners at "Washington be requested to proceed in the duty assigned to them ; otherwise, to return home. Mr. Wardlaw withdrew his amendment. Mr. moved that the resolutions and the amend- ment be ordered to lie on the table ; and the question being put, will the Convention agree thereto ? it passed in the affirmative : Yeas, 111 ; nays, 40. The yeas and nays were demanded, and are as follows : Those who voted in the affirmative, are : Hon. D. F. Jamison, President; and Messrs. Allison, Beaty, Appleby, Bethea, Ayer, ' Bellinger, Barron, Bobo, Barton, Brabham, 124 JOURN \I. OB THB Brown, A. II. ( !aiu, Calhoun, ( 'aru, Carroll, ( !aughman, ( !hesnut, ( !hev< 9, ( !larke, ( Jurtis, Darby, Davant, hi- Saussure, DeTreville, Duncan, Dunkin, Duuovant, A. Q. DuPre, Ellis, English, Evans, Finley, Flud, Foster, Frampton, Furman, Garlington, ( reiger, ( i lover, ( roodwin, Gourdin, Et. K Gourdin, T. L. ( Wegg, Ma\c) , Grisnam, Hammond, Hanckel, Harrison, I lav no, Hopkins. Hunter, II ul son, [ngram, Jefteries, Jenkins, J. E. Johnson, K sitt, Kershaw, Kinsler, Landrum, Lawton, Lewis, L\ le McCrady, McKee, McLeod, Manning, Mauldin, Maxwell, Mayes, Mazyck, Means, Memminger, Mil.--. Moore, Noble, Lowell, I Vrrin, Pope, Quattlebaum, Rainey, Heed, Rhett, Rhodes, Richardson, J. 1\ Robinson, Rowell, Beabrook, E. M. Sessions, Shingler, \V r . V. Si in | .son, Smyly, Snowden, Spain, Springs, Thompson, It. A. Thomson, Thomas Tipimons, Tompkins, Townsend, Wannamaker, Convention of 1860. 12o Wardlaw, P. L. Wilson, J. II. Wardlaw, F. H. Wilson, W. B. Watts, Withers, Wier, Woods, Wilson, I. D. Young. Those who voted in the negative are : Messrs. Atkinson. Logan, Bonneau, Mclver, Brown, C. P. Magrath, Burnet, Middleton, J. Izard Caldwell, Middleton, W., Campbell, Moorman, Cauthen, O'Hear, Crawford, Palmer, Dargan, Parker, Davis, Porcher, Fair, l'ressley, Gadberry, Richardson. F. D. Gist. Rutledge, Ilarllee. Scott, Henderson, Seabrook, G. W., Sr. Honour. Simons, Jackson, Smith, Jenkins, John Spratt, Kilgore, Stokes, Kinard, Wagner. On motion of Mr. Bobo, leave of absence until Wednes- day next, was granted to Mr. Curtis on account of impor- tant business. The Convention resumed the consideration of an Ordi- nance recommending and providing for a Convention of the Slaveholding States of the United States, to form the Constitution of a Southern Confederacy: and The Report of the Committee on Relations with the Slaveholding States of North America. Mr. Memminger moved to strike out the resolutions re- ported by the Committee, and insert, in the form of reso- lutions, the Ordinance recommending and providing for a Convention of the Slaveholding States of the United States to form tin' Constitution of a Southern Confederacy. 12G Journal of thi: Mr. Hayne moved that the Ordinance be ordered to lie on the table. On motion of Mr. Means, leave of absence, until Wednes- day next, was granted to Mr. Lyles, on account of sickness in his family. On motion of Mr. DeSaussure, leave of absence, until Wednesday next, was granted to Mr. Hopkins, on account of important business. On motion of Mr. Maxcy Gregg, the Convention was adjourned at half-past three o'clock, P. m. B. F. ARTHUR, Clerk of the Convention. SATURDAY, DECEMBER 29, 18G0. At the hour to which the Convention was adjourned, the President took the Chair, and the proceedings were opened with prayer by Rev. D. C. Appleby. The Clerk called the Roll, and the following Delegates answered to their names: Messrs. 4-lWson, Cam, Appleby, Carroll, Atkinson, Caughman, Barron, Cauthen, Barton, Charles, Beaty, • Chesnut, Bethea, Cheves, Bellinger, Clarke, Bonneau, Crawford, Brabham, Darby, lb-own, A. IT. Dargan, Brown, C. P. Davant, Cain, Davis, Calhoun, De Saussure, Caldwell, Dunkin, Campbell, Du Pre, Convention of 1860. 127 Easley, Ellis, English, Evans, Fair, Flucl, Foster, Frampton, Furman, Gadberry, Garlington, Geiger, Gist, Glover, Goodwin, Gourdin, R. N". Gonrdin, T. L. Gregg, Maxcy Grisham, Hanckel, Ilarllee, Harrison*, llavne, Henderson, Honour, Hunter, llntson, Jackson, Jcrlcries, Jenkins, John Jenkins, J. E. Johnson, Kershaw, Ivilgore, Kinard, Kinsler, Landrum, Lawton, Logan, McCrady, Mclver, McKee, MeLcod, Maxwell, Mayes, Mazyck, Memrainger, Middleton, J. Izard Middleton, W. Moore, Moorman, Noble, Nowell, OH oar, Palmer, Parker, Perrin, Porcher, Pressley, Quattlebaum, Rainey, Reed, Rhett, Rhodes, Richardson, F. D. Robinson, Rowell, Scott, Seabrook, G. W., Sr. Sessions, Shingler, J. M. Shingler, W. P. Simons, Simpson, Smvly, Smith, Snowdem, Spain, Spratt, Springs, Stokes, Thompson, R. A. Thomson, Thomas Timmons, Tompkins, Wannamaker, Wardlaw, D. L. AVardlaw, F. 11. Watts, Wier, ! 28 Journal of xhs Wilson, I. 1>. Withers. Wilson, .1. !l. Woods, Wilson, W. B. Young. The Journal of yesterday's proceedings was read. The President Laid before the Convention the following communication; which, on motion of Mr. Dunkin, was ordered to lie on the table : Collector's Office, Charleston, S. C. December 28, 1860. J Ion. I>. F. Jamisojt, President of th < invention: Sir: I beg leave, respectfully to inform the Convention, that, in obedience to the Ordinance passed on the 26th inst., all tin- officers attached to this Custom House, entered yesterday into the service of the State, and that I then commenced to receive duties and to transact all other busi- ness as Collector of the State of South Carolina for the Toil and District of Charleston. 1 have the honor to he Very respectfully, Yonr obedienl servant, W. F. COLCOCK, Collector of South. Carolina, for tin "Port and District of Charleston. Mr. D'unkin offered the following Resolution: Eesoloed, That, until otherwise ordered, the Collectors of the Torts in the State, he authorized to receive payment of duties in hills of the hanks of this State. And, pending the consideration thereof, a message was received Prom his Excellency, the Governor; Whereupon, tic Convention went into SECRET SKSSrON. The following communication was received from his Convention of 1860. 129 Excellency the Governor, and was ordered to lie on the table : Executive Department, Charleston, 28 December, 1860. To Hon. D. F. Jamison, President of the Convention : Sir: As the Convention sent for me yesterday, to be informed upon important business, I take the occasion to say, that, under my order, Castle Pinckney was taken last evening; and the United States flag hauled down, and the Palmetto banner run up in its place. And I also ordered a detachment from an artillery regiment to occupy Sulli- van's Island; and if it could be done without any imme- diate danger from mines, or too great loss of life, to take Fort Moultrie, and to run up the Palmetto flag, and put the guns in immediate preparation for defence. I have now full possession of those two forts. I considered the evacuation of Fort Moultrie, under all the. circumstances, a direct violation of the distinct understanding between the authorities of the Government at Washington and those who were authorized to act on the part of the State, and bringing on a state of war. I, therefore, thought it due to the safety of the State that I should take the steps I have. I hope there is no imme- diate danger of further aggression for the present. Respectfully, F. W. PICKETS. The Convention resumed the consideration of the fol- lowing resolution: Resolved, That until otherwise ordered, the Collectors of the ports in this State be authorized to receive payment of duties in bills of the banks of this State. Mr. Cheves offered the following amendment, which, on motion of Mr. lleed, was ordered to lie on the table: 9 130 Journal of the Strike out the words Hulls of the banks of this State," and insert "in such moneys as shall be receivable in pay- ment of State taxes." Mr. Memminger offered the following amendment: Provided, That no bank notes be accepted by the Collec- tors which are below the par value of the notes of the Bank of the State of South Carolina. Mr. Chesnut moved that the amendment be ordered to lie on the table, which motion was not agreed to. Mr. F. II. Wardlaw moved that the resolution be ordered to lie on the table, which motion was not agreed to. The amendment was agreed to; and the resolution as amended was agreed to, and was ordered to be made public. The President laid before the Convention a despatch from the Commissioners at Washington. Mr. Simons offered the following resolution: which was considered immediately, and was agreed to, and was or- dered to be made public: Resolved, That the President of this Convention be re- quested to transmit to his Excellency the Governor and to the General Assembly of this State, at its session, copies of the Ordinances which have been and may, from time to time, be adopted by this body. Mr. Dc Treville offered the following resolution; which, on motion of Mr. Ilarllce, was ordered to lie on the table and to be printed. Resolved, That the Governor be authorized and requested forthwith to cause to be enlisted into the service of the State, for the term of six months, at such rate of compen- sation and emolument as is now allowed by the Federal Government to its infantry soldiers, two regiments of six Convention of 1860. 181 hundred and forty privates each, to be divided into eight companies each; and also that he do appoint suitable per- sons to command the said regiments and companies, and supply all vacancies from time to time, subject to the ap- proval of the Senate. Resolved, further, That as soon as a sufficient number of companies shall be enlisted, officered and properly drilled, they be employed to relieve the volunteers now in posses- sion of the forts in this State. Mr. Thomas Thomson offered the following resolutions; which were considered immediately, and were agreed to: Resolved, That it shall be the duty of the Committee on Accounts to examine and report upon the accounts and contingent expenses of this Convention. Resolved, That whenever an appropriation therefor shall be made by the Legislature, the President of the Conven- tion be authorized to draw his warrant, or warrants, on the Treasury, countersigned by the Cashier or Deputy Cashier, for the payment of such accounts and contingent expenses as may be allowed by the Convention. Mr. Thomas Thomson, from the Committee on Ac- counts, made reports, On the account of P. B. Glass, for stationery; and On the account of E. R. Stokes, for articles furnished and services rendered; which were considered immedi- ately, and were agreed to. Mr. Porcher presented certain accounts contracted by the Committee of Arrangements, for preparing the Hall for the Convention; which were referred to the Committee on Accounts. On motion of Mr. llarllee, leave of absence, till Tuesday next, was granted to Mr. Dargan, on account of illness in his family. Mr. A. II. Brown offered the following Ordinance, which was ordered to be printed: 132 JOUKNAI, OF THE That tln> judicial power heretofore delegated by this State, so as to form a part of the judicial system of the United states, having reverted to this State, be exercised by the Courts Of the State now established, until further direction. The right of appeal being preserved where the amount involved exceeds dollars. In all eases affecting ambassadors, other public ministers and consuls, there shall be in all of the Courts as near a conformity as may be to the regulations and practice now prevailing in the Courts of the United States; in all other cases, the practice shall conform to the practice' of the Courts of the State. That the said Courts shall have power to appoint such officers under it as may be necessary in execution of the judicial power hereby conferred ; the laws of the United States which were in operation at the time of the secession of this State, concerning offences connected with the Post- office Department, the Public Customs, or Seamen, and an Act of the Congress of the United States, entitled "An Act more effectually to provide for the punishment of certain crimes against the United States, and for other purposes,* 1 ' approved March 3, 1825, shall be considered as laws of this State, until they may be altered or repealed; all offences under the said laws shall be subject to the juris- diction of the Courts of this State; in cases which, under the laws aforesaid, have heretofore been tried by a jury, the trial shall be by jury, according to the mode of jury trial which is of force in this State; in all cases of admi- ralty and maritime jurisdiction, in which the trial by jury has not been established, the form and mode of proceeding Shall be such as have heretofore been in use in the Courts within this State that have heretofore had cognizance of such cases. • Mr. Miles offered the following resolution; which was considered immediately, and was agreed to: Resolved, Theft the late members of Congress from this State be admitted to seats on the floor of the Convention at all times during its session. Convention of 1860. 133 SPECIAL ORDER. On motion of Mr. Rhett, the Convention resumed the consideration of an Ordinance, recommending and provid- ing for a Convention of the slaveholding States of the United States to form the Constitution of a Southern Con- federacy; and The report of the Committee on Relations with the slaveholding States of North America. Mr. moved that the Ordinance be ordered to lie on the table; and the question being put, will the Conven- agree thereto? it passed in the affirmative. Yeas, 76; nays, 55. The yeas and nays were demanded, and are as follows : Those who voted in the affirmative are: Messrs. Allison, Ayer, Barron, Barton, Beaty, Bellinger, Brabham, Brown, A. II. Cam, Carroll, Caughman, Charles, Chesnut, Cheves, Darby, De Saussure, DeTreville, Duncan, Du Pre, Ellis, English, Fin ley, Foster, Gadberry, Geiger, Glover, Gourdin, T. L. Harrison, Hayne," Henderson, Hunter, Ingram, Jackson, Jerl'eries, Johnson, Kershaw, Landrum, Logan, McCrady, Melver, McKee, Manning, Maxwell, Mayes, Mazyck, Means, Middletou, J. Izard Miles, Noble, Nowell, Perrin, Pope, 134 Journal of the Poreher, Thomson, Thomas Pressley, Tompkins, Qaattlebanm, Townsend, Raiiu'V, Ward law, J). L. Reed, Wardlaw, F. 11. Rhodes, Watts, Richardson, F. D. Wier, Sessions, Wilson, I. D. Smyly, Wilson, J. II. Snowden, Withers, Springs, Woods, Thompson, R. A. Young. Those who voted in the negative are: Hon. D. F . Jamison, President; and Messrs. Atkinson, Kilgore, Bethea, Kinard, Bonneau, Kinsler, Brown, C. P. Lawton, Burnet, Magrath, Calhoun,* Memminger, Caldwell, Moore, Campbell, Moorman, Cauthen, O'llcar, Clarke, Parker, Crawford, Rhett, Davant, Richardson, J. P. J) u n kin, Robinson, Evans, Rowel 1, Fair, Rutledge, Find, Scott, Frampto», Seal .rook, G. W. Fun nan, Shingler, J. M. G-arlington, Shingler, W. P. Gist, Simons, Gregg, Maxcy Simpson, Hanckel, Smith, Harllee, Spain, Honour, Spratt, Hutson, Timmons, Jenkins, John Wagner, Jenkins, J. E. Wilson, W. B. The Convention proceeded to the consideration of the Convention of 1860. 135 report of the Committee on the Slaveholding States of North America. Mr. Finley offered the following amendment: And that if such proposition shall be accepted, that said Commissioners be authorized to propose to the said seceding States to appoint the day of February next, for the election of the President and Vice President of the Southern Confederacy by electors previously chosen by them; and also to appoint such times for the election of Senators and Representatives of the Government to be organized as will enable the said Government to be inau- gurated at the City of in the State of or such other place as may be agreed on, and go into opera- tion on the twenty-second day of February, in the year one thousand eight hundred and sixty-one. And that whenever the said Permanent Government shall be agreed on and be organized, the said Provisional Government, and all offices created under the authority of the said Government, shall utterly cease and be abolished. Mr. Maxcy Gregg offered the following as an amend- ment to the first resolution; which, on motion of Mr. Prcsslev, was ordered to lie on the table: That the President of the Convention be instructed to transmit to the Conventions of the People that may be assembled in other slaveholding States, copies of our Ordi- nance of Secession, with a respectful invitation to them to join in the formation of a Southern Confederacy. The first resolution was adopted. Mr. Fair moved that the second resolution be ordered to lie on the table; and the question being put, will the Con- vention agree thereto? it passed in the negative. Yea's, 56; nays, 73. The yeas and nays were demanded, and are as follows: I.;.; Journal of the Those who voted in the Messrs. Atkinson, Beaty, Bethea, Bonnean, Brown, C. P. Burnet, Calhoun, Caldwell, Campbell, Canghnian, Canthen, CI i eves, Clarke, Darby, Duncan, Du Pre, English, Fair, Find, Garlington, (Jeiger, Gist. Gregg, Maxcy Ilanckel, Harrison, Honour, Hutson, Jackson, affirmative arc : Jefteries, Jenkins, John Kilgore, .. Kinard, Kinslcr, Mclver, Mazyck, Middleton, J. Izard Moorman, Parker, Perrin, Porcher, Rbett, Richardson, J. P. Robinson, Rutledge, Scott, Seabrook, G. W. Shingler, J. M. Simons, Simpson, Smith, Snowden, Spain, Spratt, Wagner, Wardlaw, D. L. Wier. Those wlio voted in the negative are: lb >n. D. F. Jamison, President; and DeTreville, Dunkin, Ellis, Evans, Fin lev, Messrs. Allison Ayer, Barron, Barton, Bellinger, Brown, A. II. Cam, Carroll, Charles, ( Ihesnut, Davant, De Saussnre, Foster, Frampton, Furman, Ga&berry, (i lover, Grisham, Harllee, Convention of 1860. 137 ITavne, Hunter, Ingram, Jenkins, J. E. Johnson, Kershaw, Landrum, Lawton, Logan, McKee, Mag rath, Manning, Maxwell, Mayes, Means, Memminger, Miles Moore, Noble, Nowell, ( »'l [ear, Pope, Pressley, Quattlebaum, Rainey, Reed, Rhodes, Richardson, F. D. Rowell, Seabrook, E. M. Sessions. Shingler. W. P. Smyly, Springs, Thompson, R. A. Thomson, Thomas Timmons, Tompkins, Townsend, Wannamakor, Wardlaw, F. II. Watts, Wilson, I. P. Wilson, J. H. Wilson, W. 13. Withers, Woods, You ns;. Mr. Maxey Gregg offered the following amendment to the second resolution, which was agreed to : • Provided, That the said Provisional Government, and the tenures of all officers and appointments arising under it, shall cease and determine, in two years from the first day of Juh' next, or when a permanent Government shall have been organized. Mr. Maxcy Gregg offered the following amendment to the second resolution : With the proviso that the basis of representation in Congress shall be the whole population, not excluding any part of the slaves. Mr. Reed moved that the amendment be ordered to lie 138 Journal of the on the table; and the question being put, will the Conven- tion agree thereto? it passed in the affirmative, yeas, 109 ; nays, 22. The yeas and nays were demanded, and are as follows: Those who voted in the affirmative are : Hon. D. F. Messrs. Allison, Barron, Barton, Beaty, Bethea, Bellinger, Bonncau, Brown, A. II. Burnet, ' Calhoun. Caldwell, Campbell, Cam. Carroll, Caughman, ( lauthen, ( 'harles, Chesnut, Cheves. Clarke, Crawford, Darby, Davant, Davis, De Saussure, DeTreville, Duncan, Dunkin, Ellis, English, Evans, Fin ley, Foster, Frampton, Furman, Gad berry, Garlington, Jamison. President; and Geiger, ( Hover, Gourdin, R. N. Grisham, Harllee, Harrison, Hayne, Honour, Hunter, Hutson, Ingram, Jackson, Jcft'eries, Johnson, Kershaw, Kilgore, Kinard, Landrum, Lawton, Logan, McCrady, M elver, . McKee, Magrath, Manning, Maxwell, Mayes. Means, Memminger, Miles, Moore, Moorman, Noble, O'Hear, Perrin, Pope, Poreher, Convention of 1860. 139 Pressley, Springs, Quattlobaum, Thompson, R. A. Rainey, Thomson, Thomas Reed, Timmons, Rhett, Tompkins, Rhodes, Townsend, Richardson, F. D. Wagner, Richardson, J. P. Wannamaker, Robinson, , Wardlaw, F. II. Rowell, Watts, Seabrook, E. M. Wicr, Sessions, Wilson, I. I). Stringier, W. P. Wilson, J. II. Simpson, Wilson, W. B. Smyly, Withers, Snowden, Woods, Sprat t, Young. Those who voted in the negative are : Messrs. Atkinson, Mazyck, Brown, C. P. Middleton, J. Izard Dn Pre, Nowell, Fair, Parker, Find, Rutledge, Gist, Scott, Gregg, Maxcy Seabrook, G. W., Sr. Hanckel, Shingler, J. M. Jenkins, John Simons, Jenkins, J. E. Smith, Kinsler, Spain. Mr. Mazyck offered the following amendment, which was ordered to lie on the table : And with the distinct understanding and stipulation that such Provisional Government shall not be authorized to impose any duty on imports exceeding one-tenth of the value of the article imported, and that the power to regu- late commerce shall be declared not to include the power to prohibit any branch of commerce. Mr. Pope offered the following amendment: That eight Deputies shall be elected by ballot by this Convention, who shall be authorized to meet in Conven- 140 Jours m. of rn tion such Deputies as may be appointed by the other Slave- holding States who may secede Prom the Federal Union, for the purpose of carrying into effect the foregoing resolu- tions, and that it be recommended to the Baid States, that each Stale be entitled to one vote in the said Convention, upon all questions which may be voted upon therein ; and that each Stat-' -end as many Deputies as are equal in number to the number of Senators and Representatives to which it was entitled in the Congress of the United States. Mr. moved that the amendment l>e ordered to lie on the table ; and the question being put, will the Con- vention agree thereto ? it passed in the negative. Yeas, 52 ; nays, 79. The yeas and nays were demanded, and are as follows: Those who voted in the affirmative are : Hon. D. F. Jamison, President; and Messrs. Barron, lionneau, Cam, Carroll, Caughinan, Chesnut, Cheves, Darby, 1 >avis, De Saussure, Duncan, Evans, Finley, Foster, G-adberry, ( {aldington, ( feiger, Glover, Gburdin, R. 1ST. Ilayne, Ingram, .Johnson, Kershaw, Kilgore, Landrum, M elver. McKee, Manning, Mazyck, Means, Middleton, J. Izard Miles, Moore, Noble, lVrrin, Reed, Rhodes, Springs, Thompson, R. A. Thomson, Thomas Tompkins, Wannamakcr, Wardlaw, 1>. L. Wardlaw, F. II. Watts, Wier, Wilson, I. D. Wilson, J. II. Withers, Woods, Young. Convention of 1860. 141 Those who voted in the negative are : Messrs. Allison, Atkinson, Aver, II. Barton, Peaty, Bethea, Bellinger, Brown, A. Burnet, Calhoun, Caldwell, Campbell, Cauthen, Charles, Clarke, Crawford, Davant, De Treville, ])unkin, Du Pre, Ellis, English, Fair, Plud, Frampton, Furman, Gist, Gourdin, T. L. Gregg, Maxcy Ilanckel, Harllee, Harrison, Honour, Hunter, Hutson, Jackson, Jefferies, Jenkins, John Jenkins, J. E. Kinard, Ivinsler, Lawton, Logan, McCradv, Magrath, Maxwell, Mayes, Memniinger, Moorman, Nbwell, O'Hear, Parker, Pope, Porchcr, Pressley, Quattlebaum, Kainey, Rhett, Richardson, F. D. Richardson, J. P. Robinson, Howell, Rutledge, Seal .rook, E. M. Seabrook, G. W. Sessions, Shingler, J. M. Shingler, YY. P. Simons, Simpson, Smyly, Smith, Snowden, Spain, Spratt, Timmons, Townsend, Wagner, Wilson, W. B. So the motion was not agreed to. The President laid before the Convention certain dis- patches from the Commissioners at Washington. 142 Journal of the On motion of Mr. DeTreville, the Convention proceeded to the consideration of the following resolutions: /,'- solved, That the Governor be authorized and requested, forthwith, to cause to be enlisted into the service of the Staif. for the term of six months, at Buch rate of compen- sation and emolument as is now allowed l.y the 1 Federal Government to its infantry soldiers, two regiments of six hundred and forty privates each, to he divided into eight companies each ; and also that he do appoint suitable per- sons to command the said regiments and companies, and supply all vacancies from time to time, subject to the approval of the Senate. "Resolved further, That as soon as a sufficient number of companies shall be enlisted, officered, and properly drilled, they be employed to relieve the volunteers now iu posses- sion of the forts in this State. And, pending the consideration thereof, the Convention was adjourned at four o'clock, p. m. B. P. ARTHUR, ( It /•/,: of the Convention. SUNDAY, DECEMBER 30, 18G0. At the hour to which the Convention was adjourned, the President took the Chair, and the proceedings were opened with prayer by Rev. J. C. Furnian. The Clerk called the Roll, and the following Delegates answered to their names: Messrs. Allison, Bethea, Atkinson, Bellinger, Ayer, Bbnneau, Beaty, Brabham, Convention of 1860. 143 Brown, A. II. Brown, C. P. Burnet, Calhoun, Caldwell, Campbell, Cam, Carroll, Caughman, Cauthen, Charles, Chesnut, Clieves, Clarke, Crawford, Darby, Davant, Davis, Dc Saussure, J)e Treville, Duncan, Dunkin, Du Pre, Easlcy, Ellis, English, Evans, Fair, Kin lev, Flud, Foster, Frampton, Funnan, Q ad berry, Garlington, Geiger, Gist, Glover, Gourdin, R. N. Gourdin, T. L. Gregg, Maxcy Grisham, Hanekel, Harllee, Harrison, Hayne, Henderson, Honour, Hunter, Hutson, Jackson, Jeff 'cries, Jenkins. John Jenkins, J. E. Johnson, Kershaw, Kilgore, Kinard, Kinsler, Land rum, Lewis, McCrady, Mclver, McKee, Magrath, Maxwell, Mayes, Mazyck, Means, Memminger, Middleton, J. Izard Miles, Moore, Moorman, Noble. Nowell, O'Hear, Parker, Perrin, Porch er, Pressley, Quattlebaum, Painev, Rhett, Rhodes, Richardson, F. D. Robinson, Rowel 1, Seabrook, E. M. Seabrook, G. W., Sr. 144 Journal of the Sessions, Timnions, Shingler, J. M. Tompkins, Bhingler, W. P. Townsend, Simons, Wardlaw, I). L. Simpson, Wardlaw, F. II. Smyly, Watts, Smith, Wier, Snowden, Wilson, I. D. Spain, Wilson, J. II. Spratt, Wilson, W. B. Springs, Withers, Stokes, Woods, Thompson, R. A. Young. The Journal of yesterday's proceedings was read. The following communication was received from his Excellency the Governor: Executive Office, Charleston, Dec. 30, 1860. To the President of the Convention: By an Ordinance of your body, transmitted to me, I am required to nominate immediately four gentlemen, as a Council of state I, therefore, hereby nominate to the Convention, for their confirmation, lion. David F. Jamison, of Barnwell district; Hon. A. GL Magrath, of Charleston; lion. C. G. Mern- minger, of Charleston; and Hon. A. C. Garlington, of Newberry district. Respectfully, F. W. PICKENS. On motion of Mr. It. N". Gourdin, the Convention went into SECRET SESSION. Mr. Maxcy Gregg moved that the communication of his Excellency the Governor, he ordered to lie on the table till to-morrow ; which motion was not agreed to. Convention of 1860. 145 Mr. Furman offered the following resolution, which was considered immediately, was agreed to, and, on motion of Mr. Fair, was ordered to be made public. Resolved, That so soon as this Convention shall have dis- posed of such questions as it may be necessary to the public safety to consider immediately, it will adjourn. On motion of Mr. De Treville, the nomination by his Excellency the Governor, of the Executive Council, was confirmed. And, on motion of Mr. Fair, was ordered to be made public. Certain dispatches from the Commissioners at Washing- ton and others, were read. Mr. Miles offered the following resolution, which was considered immediately, and was agreed to. Resolved, That it is the sense of this Convention that the vigor of military preparation and defence should not be relaxed; and that a copy of this resolution be immediately communicated to the Governor. The Convention resumed the consideration of the reso- lutions (offered by Mr. De Treville) authorizing the Gov- ernor to cause two regiments to be enlisted into the service of the State. And, on motion of Mr. Cheves, it was Resolved, That these resolutions be referred to the Gov- ernor and Council, and be made the special order of the day for to-morrow, at eleven o'clock, a. m. Mr. A. II. Brown offered the following resolution : Resolved, That the Governor be advised to move or de- stroy the beacons on Sullivan's Island and Morris' Island, and on the Main of Christ Church, and also forbid the lighting of the lamps at the Light-House, Castle Pinckney 10 14G Journal of the ami at Battery Square, till further directed, and to remove the buoys. And be it further Sesolved, That the Cutter in the service of the State do receive on board a competent corps of experienced pilots, who shall be required to board all neu- tral vessels and safely to conduct them into the port ; and also safely to pilot out of the harbor such as may be duly authorized to put to sea, and that no other boats be per- mitted to act in this service or as pilots, till otherwise directed. And pending the consideration thereof, the Convention was adjourned at half-past eleven o'clock, a. m. B. F. ARTHUR, Clerk of the Convention. .MONDAY, DECEMBER 81, 1860. At the hour to which the Convention was adjourned, the President took the chair, and the proceedings were opened with prayer by Rev. T. R. English. The Clerk called the Roll, and the following Delegates answered to their names: Messrs. Allison, Appleby, Atkinson, Barton, Beaty, Bethea, Bellinger, Bonneau, Brown, A. Burnet, Cain, Calhoun, Caldwell, Campbell, II. Cam, Carroll, Caughman, Cauthen, Charles, Chcsnut, Cheves, Clarke, Crawford, Darby 1 )avant, Davis, DeSaussure, Duncan, Convention of 1860. 14T Dunkin, Dunovant, A . Q. Du Pre, Easley, Ellis, English, Evans, Finlev, Find; Foster, Frampton, Fnrman, Gadberry, Garlington, < teiger, Glover, Gonrdin, R. X. Gonrdin, T. L. Gregg, Maxcy Gregg, William Grisnam, Hanckel, Harllee, Harrison, Hayne, Henderson, Honour, Hunter, Hutson, Jackson, Jefferies, Jenkins, John Jenkins, J. E. Johnson, Kershaw, Kilgore, Kinard, Kinsler, Landrum, Lawton, Lewis, Logan, Mclver, McKee, Maxwell, Mayes, Mazyck, Means, Memminger, Middleton, J. Izard Middleton, W. Miles, Moore, Moorman, Noble, Nbweli, O'Heasr, Parker, Perrin, Poreher, Pressley, Quattlebaum, Rainey, Rhett, Rhodes, Howell, Rutledge, Scott, Sessions, Shingler, J. M. Shingler, W. R Simpson, Smyly, Smith, Snowden, Spain, Sprat t, Springs, Sims, Thompson, R. A. Timmons, Tompkins, Wardlaw, D. L. Watts. Wier, Wilson, I. D. Wilson, J. H. Wilson, W. B Withers, Woods, Young. 1 |g JOTTBWAl. OF THE The Journal of yesterday's proceedings was read. On motion <>f Mr. It. X. Gourdin, the Convention went into SECRET SESSION'. Mr. A. II. Brown asked and obtained leave to withdraw the resolution offered by him yesterday. The following communication was received from his Excellency the Governor; and on motion of Mr. IV Tre- ville, the communication and the accompanying resolutions were made the special order of the day for this day, at eleven o'clock, a. m., in connection with the resolutions offered by Mr. De Treville, on the same subject: Executive Department, 31 December, 1860. To the President and Delegates of (he Convention: I received the resolution in relation to raising and enlist- ing two regiments of infantry; and after full consultation with the Executive Council, I herewith enclose the resolu- tions we agreed to. And I most respectfully urge the adoption of the princi- ples and plan suggested in the same as a measure well cal- culated to advance the public service. F. W. FICKENS. The resolutions referred to in the message of his Excel- lency the Governor are as follows: Resolved, That the Governor be authorized and requested forthwith to cause to be enlisted into the service of the State, for the term of twelve months, at such rates of compensa- tion and emolument as are now allowed by the Federal Government; one regiment of 640 privates, to be divided into eight companies, and that he appoint suitable persons to command the said regiments and companies, and from time to time to supply vacancies, subject to the approval of Convention of 1860. 149 the Senate ; the said officers to be entitled to the same pay and emoluments as is allowed by the Federal Government to officers of similar grade in that service. And that the Governor be also authorized, whenever the public interest may, in his opinion, require it, to enlist for a period not exceeding twelve months, another regiment, with a like number of officers and privates, and like pay and emolu- ments, the officers to be appointed in the same manner as the former. 2. That the Governor be also authorized to appoint three or more engineers, ami to organize a corps as soon as the same can be done ; the rank of the chief to be that of a captain of engineers, and the pay and emoluments to be the same as are allowed by the Federal Government to offi- cers of the like employment and rank. 3. Resoixed further, That as soon as a sufficient number of companies shall be enlisted, officered and properly drilled, they he employed to relieve the volunteers now in the pos- session of the forts in thts State. SPECIAL ORDER. On motion of Mr. De Treville, the Convention proceeded to the consideration of the communication of his Excellency the Governor, and the accompanying resolutions, together with the resolutions on the same subject offered by Mr. De Treville ; which had been made the special order of the day for this day, at eleven o'clock, a. m. On motion of Mr. De Treville, the resolutions offered by Mr. De Treville were ordered to lie on the table ; and the resolutions accompanying the message of his Excellency the Governor were taken up. Mr. Ilamkel moved that the second resolution be stricken out; which motion was not agreed to. On motion of Mr. Chesnut, the following words were added to the third resolution : " Or otherwise, at the discre- tion of the Commander-in-Chief." On motion of Mr. Magrath, the first resolution was 150 Joi KN.\1. OF THE amended by adding: "And armed in snch manner and for such service as the Governor may approve." Mr. !><• Treville offered the following amendment, which was agreed to: ik 4. That as soon as either of the said regiments shall be organized, they shall be subject to snch of the rules and arti- cles of war at present known and used in the army of the United States, as may be approved by the Governor of this State." Mr. McCrady offered the following amendment to the iirst resolution ; which, on motion of Mr. E. M. Seabrook, was ordered to lie on the table : Strike out "for the term of twelve months," and insert in lieu thereof: "during the pleasure of the State, not less than one year nor more than five years." The resolutions, as amended, were agreed to; and a copy thereof transmitted to his Excellency the Governor. Mr. Williams Middleton offered the following Ordinance, which, on motion of Mr. Chesnut, was referred to the Com- mittee on Foreign Relations: Be it ordained by the people of South Carolina, note met and sitting in Convention, That the Governor be and he is hereby cm] lowered and instructed, in ease of any attempt, on the part of the Federal Government of the United States to coerce the Commonwealth of South Carolina, to issue letters of marque and reprisal to all applicants for the same, against all vessels belonging to any of the States or citizens of the States Lying north of Mason and Dixon's line; and that during a state of war he have power to issue Letters of marque and reprisal. Mr. D. L. Wanllaw offered the following resolution, which was considered immediately and was agreed to : Resolved, That it be referred to the Committee on Com- mercial Relations and Postal Arrangements to inquire whether any reduction can be properly made in the ex- Convention of 1860. 151 penses of the Custom House and its incidents ; and if so, to what extent and how ; with leave to report by ordinance or otherwise. Mr. Hutson offered the following resolution, which was referred to the Committee on the Constitution of the State : Resolved, That if they deem it necessary, the Governor and Council are authorized and empowered to declare martial law in and over the City of Charleston and her dependen- cies, and to remove therefrom all persons whose presence, in their opinion, shall he detrimental to the public peace; provided, that such power and authority shall be at all times subject to be limited, controlled or revoked by this Con- vention, or the General Assembly. Mr. Mag-rath presented a communication from B. G. Heriot, late Pension Agent of the United States, and from Benj. D. Heriot, late Navy Agent of the United States; which, on motion of Mr. Magrath, were respectively re- ferred to the Committee on Commercial Relations and Postal Arrangements. Mr. Simons presented the Report of the Committee on Engrossed Ordinances, which was considered immediately and was agreed to. On motion of Mr. John Izard Middleton, leave of absence was granted to Mr. Sessions, on account of illness in his family. The Convention resumed the consideration of the Report of the Committee on Relations with the Slaveholding States of NoTth American ; and after various amendments, the report and resolutions were agreed to, and were committed to the Committee on Engrossed Ordinances. Mr. R. N. Gourdin offered the following resolution, which was considered immediately, and was agreed to : Resolved, That it be referred to the Committtee on Com- mercial Relations and Postal Arrangements to inquire into the condition of the new Custom House and of the material 152 Journal of the provided for its construction, lying in the yard, and to report whether any or what measures may be necessary for their protection. GENERAL ORDERS. An Ordinance concerning powers lately vested in the Congress of the United States ; An Ordinance concerning judicial powers, and An Ordinance to define and punish treason, were agreed to, and were committed to the Committee on Engrossed Ordinances. On motion it was Resolved, That this Convention will go into an election to-morrow, at eleven o'clock, a. m., for eight Deputies, as provided for by the resolution adopted this day. An Ordinance concerning citizenship was taken up ; and pending the consideration thereof, the Convention was adjourned at four o'clock, P. m. B. F. ARTHUR, Clerk of the Convention. TUESDAY, JANUARY 1, 1861. At the hour to which the Convention was adjourned, the President took the Chair, the proceedings were opened with prayer by Rev. D. Du Pre. The Clerk called the Roll, and the following Delegates answered to their names : Messrs. Allison, Bethea, Appleby, Bellinger, Atkinson, Bonneau, Barron, Brown, A. H. Barton, Brown, C. P. Beaty, Burnet, Convention of 1861. 153 Calhoun, Caldwell, Campbell, Car n, Carroll, Caughman, Cauthen, Charles, Cheves, Crawford, Darby, Davantj Davis, De Saussure, Duncan, Dunkin, Du Pre, Easley, Ellis, English, Evans, Finley, Find, Foster, Frampton, Furman, Gadberry, Garlington, ( i .-ii^er, Gist, Glover, Gourdin, R. K Gourdin, T. L. Gregg, William Grisnam, Hanckel, Harllee, Harrison, Henderson, Honour, Hunter, Hutson, Jefferi.es, Jenkins, John Jenkins, J. E. Johnson, Kershaw, Kilgore, Ivinard, Kinsler, Landrum, Lewis, Logan, M elver, McKee, McLeod, Maxwell, Mayes, Mazyck, Means, Middleton, J. Izard Midd]eton, W. Moore, Moorman, Nbwell, O'Hear, Parker, Perrin, Pressley, Quattlebaum, Rainey, Rhodes. Richardson, F. D. Robinson, Rowell, Scott, Seabrook, G. "W., Sr. Sessions, Shingler, J. M. Shingler, W. P. Simons, Srayly, Smith, Snowden, Spain, Spratt, Springs, Stokes, Sims, Thompson, R. A. 154 Journal of the Timmons, Wilson, I. D. Tompkins, Wilson, J. II. Wagner, Wilson, W. 15 Wardlaw, D. L. Withers, Wardlaw, F. II. Woods. Wier, ^ oung. The Journal of yesterday's proceedings was read, and the Con volition went into SECRET SESSION. Mr. D. L. Wardlaw, from the Committee on the Consti- tution of the State, made the following Report, which was considered immediately, was agreed to, and ordered to he transmitted to his Excellency the Governor: The Committee on the Constitution of the State, to whom was referred a resolution concerning martial law, report, that they have considered the same, and beg leave to recommend for the adoption of the Convention, the fol- lowing resolution : Resolved, That whenever, in the course of the struggle into which the State now seems likely to be drawn, hos- tilities may he waged or threatened against the City of Charleston, or its neighborhood, and the Governor, (upon consultation with the Executive Council) may deem the measure necessary, the Governor is hereby authorized to declare and enforce martial law, in whole or in part, in and over Charleston, its harbor and neighboring villages; all the adjacent islands, including Morris' Island, and all other places within five miles of the Court House; to remove thence all persons whose presence he shall consider detri- mental to the public service; to prevent the ingress of such ■persons; to regulate, at discretion, all travel to and forth, and otherwise to govern as in a camp : Provided, that such authority shall he, at all times, subject to be limited, con- trolled, or revoked by this Convention, or by the General Assembly. Convention of 1861. 155 Mr. Dunkin, from the Committee on Commercial Rela- tions and Postal Arrangements, made the following Report, which was considered immediately, and was agreed to : The Committee on Commercial Relations and Postal Arrangements, to whom was referred a resolution in rela- tion to the new Custom House, beg leave to report : That they had before them the communication of Col. Edward B. White to the Chairman of the Committee, under date 22d December, 1860, and also his letter to one of the Committee, which are submitted with this report. Col. White was employed by the United States to super- intend the construction of the building, at a stipulated salary, and gave bond in the penalty of $20,000. He has charge of the building and materials. The Committee, after mature consideration, are of opin- ion that it would be inexpedient for the Convention to interfere with any property of the United States, which is not indispensably necessary for the protection or welfare of the State. Not regarding the new Custom House as of this character, the Committee cannot recommend to the Con- vention any action in reference to these communications, and they respectfully ask leave to be discharged from the further consideration of the subject. Mr. Dunkin, from the Committee on Commercial Rela- tions and Postal Arrangements, made the following Report, which was considered immediately, and was agreed to : The Committee on Commercial Relations and Postal Arrangements, to whom were referred the communications of Benj. D. Heriot, late Navy Agent of the United States, and of Benj. G. Heriot, late Pension Agent of the United States, beg leave respectfully to report : That, at this time, they would deem it inexpedient for the Convention to appoint such officers for the State of South Carolina. Under Ordinances already passed, matters of this character will be under the cognizance of the Leg- islature, who can adopt such regulations as may be deemed requisite for the welfare of the State, or of her citizens. Under these circumstances, the Committee respectfully ask 156 Journal or thk Leave to be discharged from tlie farther consideration of the subject Mr. Dunkin, from the Committee on Commercial Rela- tions and Postal Arrangements, made the following Report: The Committee on Commercial Relations and Postal Arrangements, to whom was referred the resolution of inquiry in relation to the expenses of the Custom House, beg leave to report : That they have taken testimony upon the subject, and they herewith submit, also, a written statement of the Col- lector. For reasons which can more properly be orally communicated to the Convention than formally embodied in a report, the Committee recommend that no alteration be made by the Convention in relation to the said estab- lishment ; and submit, that if a change should be hereafter deemed necessary, it may be more satisfactorily accom- plished in the department of Government to which such matters will peculiarly pertain. Mr. 1). L. Wardlaw offered the following amendment to the report, which was agreed to : Resolved, That the letter of Mr. Oolcock, Collector of the Port of Charleston, addressed to the Committee on Com- mercial Relations ami Postal Arrangements, just read to the Convention, be tiled carefully and preserved ; and that it be declared that this Convention expects the whole staff of officers connected with the Customs, to be paid from the customs, and in no event to bring a charge upon the State. The report, as amended, was agreed to. The Convention resumed the consideration of an Ordi- nance concerning citizenship ; and the question being put, will the Convention agree thereto? it passed in the affirm- ative. Yeas, 85 ; nays, 28. The yeas and nays were demanded, and are as follows : Convention of I860. 157 Those who voted iri the affirmative are Messrs. Allison, Atkinson, Barron, Bethea, Bellinger, Bonneau, Burnet, Cain, Calhoun, Caldwell, Cam, Carroll, Caughman, Cauthen, Chesnut, Crawford, Darby, l)c Treville, Duncan, Dunkin, Du Pre, Ellis, English, Evans, Fair, Finley, Find, Foster, Frampton, Garlington, Geiger, Glover, Gregg, William Grisnam, Ilanekel, Harrison, Hayne, Henderson, Honour, Hunter, Ingram, Jackson, Jefteries, Johnson, Kershaw, Kilgore, Kinard, Laudrum, Lewis, McCrady, McKee, MeLeod, Manning, Maxwell, Mayes, Mazyck Moore, Moorman, Parker, Perrin, Porcher, Rainey, Richardson, F. D. Richardson, J. P. Robinson, Rowell, Seabrook, E. M. Bhingler, W. P. Simons, Snowden, Spain, Springs, Stokes, Sims, Thompson, R. A. Tompkins, Wardlaw, P. L. Wardlaw, F. H. Wier, Wilson, I. D. Wilson, J. H. Wilson, W. B. Withers, Woods, Yonnsr. 158 Journal of the Those who voted in the negative are : Messrs. Brown, A. II. Ivinslcr, Brown, C. P. Logan, Campbell, Middleton, J. Izard Cheves, Middleton, W. Clarke, Miles, I >avant, Xowell, De Saussnre, 0'IIear, Easley, Scott, Furman, Seabrook, G. W. Cist, Shingler, J. M. Gourdin, R. 1ST. Smith, Gregg, Maxcy, Spratt, Hutson, Townsend, Jenkins, J. E. Wagner. The Ordinance was committed to the Committee on Engrossed Ordinances. On motion, the injunction of secrecy was removed in respect to the Ordinances adopted yesterday and to-day ; and from the report of the Committee on Relations with the Slaveholding States of North America. Mr. Simons offered the following resolution, which, on motioD of Mr. Pressley, was ordered to lie on the table: Resolved, That a Committee of two from each Congres- sional district be appointed to suggest to this Convention, Commissioners to the various Southern States about to meet in Convention. The Convention proceeded to ballot for Commissioner to the State of Florida. The Convention proceeded to ballot for Commissioners to the States of Alabama, Mississippi, Georgia, Louisiana, Texas and Arkansas. Mr. De Treville presented the account of A. J. Burke for stationery, which was referred to the Committee on Accounts. Mr. Bethea, from the Committee appointed to count the ballots cast for Commissioner to the State of Florida, Convention of 1861. 159 reported that Mr. L. W. Spratt had received a majority of the ballots cast ; Whereupon, the President announced that Mr. L. "W. Spratt is duly elected Commissioner to the State of Florida. Mr. Gadberry offered the following resolutions: Resolved, That the Governor be, and he is hereby author- ized to receive into the service of the State, for a period not exceeding six months, such Volunteer compauies as may tender their services, if in his judgment the exigencies of the times require the immediate reception of additional troops. 2. That the Governor be authorized to organize any Companies, so received, into Battalions, Regiments, Brig- ades and Divisions, and to appoint the Field Officers for the same, by and with the advice and consent of the Sen- ate: Provided, that the companies to be received, as afore- said, shall consist of not less than sixty rank and file, four officers and five sergeants. 3. That Major-Generals, Brigadier-Generals, and Colo- nels of Regiments, shall have the same power to appoint their respective staff, as is now provided by law. Mr. Kershaw offered the following amendment : Resolved, That the Governor be authorized to call into service, at his discretion, existing Volunteer companies attached to the militia of the State, to remain in service only until superseded by the organization of the force pro- vided for by the recent Act of the General Assembly ; such volunteers to be organized into regiments, and to be com- manded by officers of their own selection, made in the manner now provided by the militia laws of the State, but without restriction as to the eligibility of said officers ; and, On motion of Mr. Means, it was Rcsohed, That these resolutions be referred to the Gov- 100 Journal of the ernor and I louncil, with authority to ad upon them, if they deem ii expedient, with such modifications as they may think tit. On motion of Mr. Spain, leave of absence was -■ranted to Mr. Mayes, on account of illness in his family. Mr. Memminger offered the following resolution, which was considered immediately, and was agreed to : Resolved, That the Governor be requested to issue a com- mission, under the seal of the State, countersigned by the Secretary of State, to each of the Commissioners who are, or may be, appointed by this Convention to the several slaveholding States, under the resolutions adopted by this body. On motion of Mr. R. N". Gourdin, a despatch, received from Washington, was sent to his Excellency the Governor of Korth Carolina. Mr. Miles, from Hie Committee on Foreign Relations, to whom had been referred a resolution providing for the issuing of letters of marque and reprisal, made a report, which, on motion of Mr. D. L.Wardlaw, was re-committed to the Committee. On motion, leave of absence, until Tuesday next, was granted to Mr. Davant, on account of important business. On motion of Mr. Young, leave of absence was granted to Mr. Watts, on account of indisposition. Mr. Cam offered the following resolution.' which was made the special order of the day for to-morrow, at one o'clock, p. M. : Resolved, That this Convention do adjourn, subject to the call of the President, on Wednesday next, the 2d inst., at four o'clock, p. M. On motion, the Convention was adjourned at forty-five minutes past throe o'clock, P. M. B. F. ARTHUR, Clerk of the Convention. Convention of 1861. 161 WEDNESDAY, JANUARY 2, 1861. At the hour to which the Convention was adjourned, the President took the Chair, and the proceedings were opened with prayer by the Rev. J. II. Honour. The Clerk called the Roll, and the following Delegates answered to their names: Messrs. H. P. Allison, Appleby, Atkinson, Ayer, Barron, Barton, Beaty, Bethea, Bellinger, Bonneau, Brabham, Brown, A. Brown, C. Burnet, Calhoun, Caldwell, Campbell, Cam, Carroll, Caughman, Oauthen, Chesnut, Cheves, Clarke, Crawford, Darby, Dargan, Davis, De Saussure, De Treville, Duncan, Dunkin, Du Pre, Easley, Ellis, English, Evans, Fair, Fin ley, Find, Foster, Frampton, Furman, Gailington, Gciger, Glover, Goodwin, Gourdin, R. N. Gregg, Maxcy Gregg, William Hanckel, Harrison, llayne, Henderson, Honour, Hunter, Hutson, Jackson, Jefteries, Jenkins, J. E. Johnson, Kershaw, Kilgore, Kinard, Kinsler, Land rum, Lewis, Logan, Lyles, M elver, 11 162 Journal of tite McKee, Simpson, McLeod, Smyly, Maxwell, Smith, Mazyck, Snowden, Means, Spain. Middleton, .1. Izard Springs, Middleton, W. Stokes* Moore, Sim-. Nowell, Thomson, Thomas Palmer, Timmons, Parker, Tompkins, Perrin, Townsend, Porcher, Wannamaker, Quattlebaum, Wardlaw, D. L. Rhett, "Wardlaw, F. II. Rhodes, Wier, Uohinson, Williams. Rowell, Wilson, I. D. Scott, Wilson, J. II. Seabrook, G. W., Sr. Wilson, W. B. Shingler, J. M. Withers, Shingler, W. P. Woods, Simons, Young. The Journal of yesterday's proceedings was read. On motion of Mr. Fair, leave of absence was granted to Mr. Moorman, on account of illness in his family. Mr. A. IT. Brown, from the Committee appointed to count the ballots cast for Commissioners to the States of Alabama, Georgia, Mississippi, Louisiana. Arkansas, and Texas, made the following report: That for Commissioner to Alabama, Mr. A. P. Calhoun received 98 votes; scatter- ing, 32; and that Mr. A. P. Calhoun, having received a majority of the ballots cast, was consequently elected; That for Commissioner to the State of Mississippi. Mr. M. L. Bonham received L02 votes; scattering, 28; and that Mr. Bonham, having received a majority of the ballots cast. was consequently elected; That for Commissioner to the State of Louisiana, Mr. John L. Manning received 100 votes; scattering, 30; and thai Mr. Manning, having received a majority of the ballots cast, was consequently elected; Convention of 1861. 163 That for Commissioner to the State of Arkansas. Mr. A. C. Spain received 105 votes ; scattering, 2f>; and that Mr. Spain, having received a majority of the ballots cast, was consequently elected ; That for Commissioner to the State of Georgia, no one had received a majority of the ballots cast, and that conse- quently there was no election; and That for Commissioner to the State of Texas, no one had received a majority of the ballots cast, and that conse- quently there was no election. Whereupon, the President announced that Mr. A. P. Calhoun is duly elected Commissioner to the State of Ala- bama; Mr. M. L. Bonham, Commissioner to the State of Mississippi; Mr. John L. Manning, Commissioner to the State of Louisiana; and Mr. A. C. Spain, Commissioner to the State of Arkansas. On motion of Mr. R. X. Gourdin, the Convention went into SECRET SESSIOX. Certain despatches were read, and were transmitted to his Excellency, the Governor. On motion of Mr. Cam, the Convention proceeded to a second ballot for a Commissioner to Georgia and a Com- missioner to Texas. On motion of Mr. Miles, the lion. M. L. Bonham was excused from serving as a Commissioner to Mississippi. The Convention proceeded to a second ballot for Com- missioner to Mississippi. The following communication was received from his Excellency, the Governor, and was referred to the Com- mittee on Commercial Relations and Postal Arrangement,-: Executive Department, 2 January, 1861. To the President and Members of the Convention : I have to present to your honorable body that Mr. Press- ley, the Assistant Treasurer of the United States, has in- 1 ( '»4 Jbl KB m. OB 'i in: formed me that drafts are being presented to him for pay- men! of persons in the Bervice of the United States, and desires to know what ho shall do: I have directed him not to pay until two o'clock, p. m., this day. in order that yon may determine what should be don*' in the matter. Your decision I shall communicate to him. F. W. PICKENS. On motion of Mr. Punkin, it was Resolved, That the Treasurer, Mr. Pressley, be enjoined from paying any drafts on the Treasury until the further action of this Convention. Mr. Maxcy Gregg offered the following resolution : i Resolved, That if this Convention shall terminate its present session without fixing- a time and place for re-assem- bling, it shall stand adjourned to meet at such time and place as the President shall appoint; and he is hereby authorized, whenever, in his opinion, the public exigencies shall require, by notice under his hand, duly published, to assemble the Convention ; and it shall be his duty, before the adjournment, to appoint a Committee, to consist of five members, a majority of whom, or the survivors or survivor of them, in case of the death or disqualification of the President, shall have like authority to assemble the Con- vention, and appoint a time and place for its meeting. Mr. Gist offered the following amendment : Resolved, That the President of this Convention he au- thorized, if, in his opinion, the public exigencies shall require it, to assemble the Convention at such time and place as he may determine, before the 17th of December] 1862; and that he shall appoint a Committee of five, a majority of whom, or the survivors or survivor of such majority, in case of the death or disqualification of the President, shall have like authority to assemble the Con- vention, and appoint a time and place for its meeting. Convention of 1861. 165 Mr. Cheves offered the following amendment : Resolved, That a Committee of Safety he constituted, to consist of as many members, not less than thirty-three, as shall he assembled after such call of the Convention, to which is hereby committed, with power to act, the conside- ration of any emergency requiring the immediate action of this Convention. On motion of Mr. Fair, the resolution and the amend- ments were made the special order of the day for to-mor- row, at one o'clock, p. m. Mr. Simons presented the Report of the Committee on Engrossed Ordinances; which was considered immediately, and was agreed to. Mr. Simons offered the following resolution, which was considered immediately, and was agreed to : Resolved, That five hundred copies of the Report of the Committee on Relations with the Slaveholding States of North America, with the resolutions thereto appended and of the Ordinances which may be adopted, be printed, and that each of the Commissioners to the slaveholding States be furnished with twenty -five copies for his use, and that 'the residue be distributed among the members of the Con- vention. Mr. Quattlebaum, from the Committee on Printing, made the following Report, which was considered immediately, was agreed to, and was ordered to be made public : The Committee on Printing beg leave to report, that the 1.5,000 copies of the Address of the People of South Caro- lina, assembled in Convention, to the people of the Slave- holding States of the United States; the Declaration of the Causes which induce and justify the Secession of South Carolina: and the Report of the Committee on the Address of a portion of the members of the General Assembly of Georgia to the people of South Carolina; ordered to be 1<;»» Journal of the printed for the use of this Convention, be disposed of in the following manner: 100 copies to each of the Commis- sioners to the several States; 20 copies to each member of the Convention and of the General Assembly of South Carolina; li.onn copies to tin- " lSiiO Association": and the balance distributed under the direction of the Committee on Printing. Mr. Calhoun, from the Committee appointed to count the ballots cast for Commissioner to Georgia, and for Com- missioner to Texas, reported that of the ballots cast for Commissioner to Georgia, Mr. James L. Orr had received a majority ; and Of the ballots cast for Commissioner to Texas, Mr. John McQueen had received a majority. Whereupon, the President announced that Mr. James L. Orr is duly elected Commissioner to Georgia; and Mr. John McQueen is duly elected Commissioner to Texas. Mr. Maxcy Gregg offered the following resolutions, which were referred to the Committee on Foreign Relations: Jiesolvcd, That it shall he the duty of the Governor to forward copies of the Ordinance to dissolve the Union between the State of South Carolina and other States united with her, under the compact entitled "the Consti- tution of the United States of America," to all the Minis- ters of Foreign Powers resident at Washington. Resolved, That it shall be the duty of the Governor to adopt such further measures as may be requisite for making known in foreign countries the separation of the State of South Carolina from the Confederacy of the United States of America. 'Resolved, That the Governor shall lie authorized to apply a sum not exceeding dollars to defray the expenses necessary for the above purpose, including the secret ser- vice money which may he required. Resolved, That it shall he the duty of the General Assem- bly to provide and place at the disposal of the Governor the Convention of 1861. 167 funds required by the foregoing resolutions, and that these resolutions he accordingly communicated by the President of the Convention to the President of the Senate and the Speaker of the House of Representatives, to be laid before those bodies in secret session. Mr. Cam, from the Committee appointed to count the ballots cast for Commissioner to Mississippi, reported that no one had received a majority of the ballots cast, and that consequently there was no election. On motion of Mr. Cam, the Convention proceeded to another ballot for Commissioner to Mississippi. Mr. Thomas Thomson, from the Committee on Accounts, made a report : On the account of Horton & Shepherd ; On the account of Lambert & Howell ; On the account of J. E. Snares ; On the account of E. 1\. Cowperthwait ; On the account of D. H. Silcox ; and On the account of Thomas Aimar; which was considered immediately, and was agreed to. SPECIAL ORDER. On motion of Mr. Carn, the Convention proceeded to the consideration of the following resolution, which had been made the special order of the day for this day, at one o'clock, p. m. : Resolved, That this Convention do adjourn, subject to the call of the President, on Wednesday next, the 2d hist., at four o'clock, p. m. On motion of Mr. Carn, the special order was discharged, and was made the special order of the day for to-morrow, at one o'clock, p. m. Mr. Porcher offered the following resolution, which was considered immediately, and was agreed to : 108 Journal op the Resotved, Thai a Committee of three be appointed to prepare designs t<» It submitted to this Convention, from which t<> select a flag, to be known as the Ensign of the State of South Carolina. Whereupon, the President appointed the following gen- tlemen of the Committee: Messrs. F. J. Porcher, R. DeTreville, 13. II. Rutledge. Mr. Cauthen, from the Committee appointed to count the ballots cast for Commissioner to Mississippi, reported that Mr. Armistead Burt had received a majority of the ballots cast. Whereupon, the President announced that Mr. Armistead Burt is duly elected Commissioner to Mississippi. Mr. Campbell ottered the following resolution, which was considered immediately, and was agreed to: Resolved, That the President of this Convention he au- thorized to appoint Commissioners to such of the slave- holding States as may call Conventions during the recess of this body, and to which Commissioners have not been elected, for the same purpose and with the same powers as those already elected ; and that the Governor of this State be requested to issue commissions to such Commissioners in the manner and form of the Commissions directed to be issued to those already appointed. On motion of Mr. Withers, the Convention was adjourned at half-past one o'clock, P. H. B. F. ARTHUR, Clerk of the Convention. Convention of 1861. 169 THURSDAY, JANUARY 3, 1861. At the hour to which the Convention was adjourned, the President took the chair, and the proceedings were opened with prayer by Rev. William Curtis. The Clerk called the Roll, and the following Delegates answered to their names : Messrs. Allison, Apple! >y, Atkinson, Barron, Barton, Beaty, Bethea, Bellinger, Boho, Bon n can, Brown, A. H. Brown, C. P. Cain, Caldwell, Campbell, Cam, Caughman, Charles, (Mi eves, Clarke, Curtis, Darby, Dargan, Davis, De^Saussure, De.Treville, Dunkin, Du Pre, Kasley, Ellis, English, Evans, Fair, Finley, Find, Forster, Foster, Frampton, Furman, ( Darlington, Geiger, Gist, Glover, Goodwin, ( Join-din, R. X. Gourdin, T. L. ( J-regg, Maxcy Gregg, William Grisham, Hammond, llanckel, llarllee, Harrison, Henderson, Honour, Hunter, Hutson, Jackson, Jefferies, Jenkins, John Jenkins, J. E. Johnson, Kershaw, Kilgore, Kinard, Kinsler, Landrum, Lewis, 170 Joi &HAI OF Tin: L v 1 • Mclver, McKee, McLeod, Magrath, Maxwell, Mazyck, Means, Memminger, Middleton, J. Izard Middleton, W. Miles, Moore, Nowell, O'Hear, Palmer, Parker, Perrin, Porcher, Quattlebaum, Rainey, Reed, Rhett, Rhodes, Robinson, Rowell, Rutledge, SfOtt, Seabrook, ( <. W., Sr, Shingler, J. M. Shingler, W. P. Simons, Simpson, Smith, Snowden, Spain, Springs, Stokes, Sims, Thompson, R. A. Thomson, Thomas Timmons, Tompkins, Townsend, Wagner, "Wannamaker, Wardlaw, D. L. Wardlaw, F. II. Wier, Williams, Wilson, J. II. Wilson, W. 13. Withers, Woods, Ybunar. The Journal of yesterday's proceedings was read. The President laid before the Convention the following communication : Charleston, January 1, 1861. D. F. Jamison, Esq., President of the Convention of the People of Smith Carolina : Sir: At a regular Monthly Meeting of the St. Andrew's Society of Charleston, held last evening) on motion, it was unanimously agreed, that the gratuitous use of their Hall be granted to the Convention now in session. I was requested to communicate the same to you. I remain, sir, your obedient servant, ROBERT MURE, President of St. Andrew's Society of Charleston. Convention of 1861. 171 On motion of Mr. "Withers, the thanks of the Convention were returned to the St. Andrew's Society for the use of their Hall, and to the Charleston Delegation for their serv- ices in making arrangements for the accommodation of the Convention. Mr. A. H. Brown offered the following resolution, which, on motion of Mr. D. L. Wardlaw, was ordered to lie on the table : Mesolned, That all citizens of the United States, not domi- ciled in South Carolina at the time of the adoption of the Ordinance of Secession, but owning real estate within its limits, be, and the same are hereby, empowered to hold and to dispose of the same by sale or otherwise, without hinderanee or molestation by this Government. On motion of Mr. Scott, leave of absence was granted to Mr. J, E. Jenkins, on account of illness in his family. The Convention went into SECRET SESSION". Mr. Dunkin, from the Committee on Commercial Rela- tions and Postal Arrangements, made the following Report, which was ordered for consideration to-morrow: The Committee on Commercial Relations and Postal Arrangements, to whom was referred the communication of his Excellency the Governor, in relation to the matter of Mr. Pressley, Assistant Treasurer of the United States, beg leave to Report: That they have ascertained, on inquiry, that since the passage of the Ordinance in reference to the Customs, no funds have been paid by the Collector to the Assistant Treasurer, but the duties have been deposited in the Trea- sury of the State of South Carolina. Mr. Pressley has received about four hundred dollars from the Post-office, which, with other funds from the Post-office before re- 172 Journal op mi: ceived, is paid out by him to the railroads and other contractors for carrying the mails. Much of this is already checked for, and his application to the Governor was nod in reference te this fund. But the Assistant Treasurer has other funds in Ids hands belonging exclusively to the United States. They arise from duties collected in Augusta, (Georgia,) Chattanooga and Knoxville, (Tennessee); from the land office in Ala- bama; from the mint at Dahlonega, and aboul $9,000 in silver received from the mint in Philadelphia Some of these funds stood to the credit of particular persons (as the Committee understood.) Among them, the sum of £;>,400 was Bubject to the draft of Major Eutto, Paymaster of the United States; and the inquiry which he had proposed was in relation to drafts on this fund, and was made in conse- quence of a previous intimation from the Governor. When the Committee have informed the Convention from what source the funds in the charge of the Assistant Treasurer have been derived, and to whom they belong, the principal duty assigned to the Committee has been dis- charged, and the Convention have the information which may determine their action. When war has been declared, the public property of an enemy may be eonfiseated. Cases sometimes arise, and have arisen, which may justify BUch procedure without a previous declaration of hostilities. These are extreme eases, and must necessarily depend upon the exigency of the occasion to wan-ant an extraordinary procedure. The communication of the Governor relates to drafts for payment of persons in the service of the United States. Whether it LS expedient for the Convention to interfere and stop the payment of these drafts, is a question for their own proper consideration. The President read to the Convention certain dispatches received from the Commissioners at Washington. Mr. Quattlebaum offered the following resolution, which was considered immediately, and was agreed to: Resolved, That in case of the death, resignation, inability Convention of 1861. 173 or refusal to serve of any of the Commissioners elected to the several States, the President of this Convention is hereby authorized to fill the vacancy by appointment, if the Convention should not then be in session; and it shall be the duty of the Governor to commission the person so appointed. Mr. Ilutson offered the following resolution, which was ordered for consideration to-morrow : Resolved, That the Convention proceed, forthwith, to ballot for eight Deputies, who shall be authorized to meet in Convention such Deputies as may be appointed by the other slaveholding States who may secede from the Federal Union. Mr. Ilarllee informed the Convention that Mr. Logan, the Cashier, and Mr. Pressley, the Deputy Cashier, were absent, in the discharge of military duty; and On motion of Mr. Ilarllee, it was Resolved, That the President appoint a Cashier pro tem., and a Deputy Cashier pro tern. Whereupon, the President appointed Mr. F. J. Porcher, Cashier />rr> (em., and Mr. 13. II. Rutledge, Deputy Cashier 2>ro tem. On motion of Mr. Ilarllee, leave ot absence for three days was granted to Mr. Logan and to Mr. Pressley. Mr. Finley offered the following resolutions, which were made the special order of the day for to-morrow, at eleven o'clock, a. m., and were ordered to be printed: Whereas, it is expedient that at the earliest practicable period, a Provisional Government should be organized for such of the slaveholding States of the United States of America, as shall secede from the union of said States; And whereas, it is recpiisite to this end that prompt 174 Journal of thk action should be taken each of the Con- ventions of such of the said States :is shall secede previous to the ninth day of February next, to elect at any time between the act of secession and the said ninth day oi' Feb- ruary, a President and Vice President of the said Provis- ional Government, (me of whom shall not be an inhabitant of the said seceding State; and the persons having a ma- jority of the votes cast in each of said Conventions for the offices of President and Vice President, shall be considered entitled to as many votes for said offices in the Provisional Government as the State thus voting was. while one of the United States, entitled to cast in the election of President and Vice President of the said United States; and that it be also recommended to each of said Conventions to elect, at the same time aforesaid, two Senators, and as many Representatives as the seceding State was entitled to in the Congress of the United States, previous to tin- act of secession. And that the Senators and Representatives, thus elected, shall assemble at the City of in the Stale of , on the 13th day of February next, and then and there be organized as the Provisional Con- gress of the Southern Confederacy, with the Constitution of the United States as a basis for said Provisional Govern- ment, so far as the same may he applicable to such a Gov- ernment. And that it he also recommended to each of the said Conventions to transmit the result of the votes cast for President and Vice-President, in a sealed certificate, signed by the President of the said Convention, to the said Coti- gress, SO as to be received by them on the day of their assembling, directed to the President of the Senate and the Speaker of the House of Representatives; and that on the Convention of 1861. 175 day following, all of the votes received be counted by them in the presence of the Senate and House of Representa- tives, in Congress assembled, and the result declared. And the persons having the greatest number of votes for Presi- dent and Vice-President, shall be the President and Vice- President of the said Provisional Government, if such number be a majority of the whole number of votes cast; and if no persons have such majority, then the election for said offices shall be made and conducted by the Senate or House of Representatives, as the ease may be, in like manner as is prescribed in the said Constitution of the United States for the offices of President and Vice-Presi- dent of the said United States; and the persons elected to said offices, either by the said Conventions or by the Con- gress of the Southern Confederacy, shall hold the said offices during the period for which the said Provisional Government shall continue to exist, and no longer. SPECIAL ORDER. The Convention proceeded to the consideration of the various resolutions in relation to the adjournment and re- assembling of the Convention, which had been made the special order of the day, for this day, at one o'clock, p. m. Mr. Gist withdrew his amendment. Mr. Cheves offered the following amendment : Resolved, That from the day of January to the day of the same, members shall constitute a quorum. Resolved, That such quorum, when consisting of less than a majority of the whole, ought not to act upon any matter not imperatively demanding action. On motion, the amendments offered by Mr. Cheves were ordered to lie on the table. Mr. Mazyck offered the following amendment, which, on motion of Mr. Smyly, was ordered to lie on the table: "And the call for a meeting of the Convention shall be published in the daily newspapers of Charleston and Co- 176 Journal of the luinliia. at least five davs before the time appointed for Bach meeting." The resolutions offered by Mr, Gregg were agreed to. SPECIAL ORDER. On motion of Mr. Cam, the Convention proceeded to the consideration of the following resolution, which Lad been made the special order of the day for this day. at one o'clock, p. M. JResolved, That this Convention do adjourn, subjecl to the call of the President, on Wednesday next, the '2d inst., at four o'clock, p. m. On motion of Mr. Cam, the resolution was ordered to lie on the table; and Mr. Cam offered the following resolutions: Resolved, That the President of this Convention is hereby authorized to issue bills, payable at the Bank of the State, providing for the payment of the per diem and mileage fees of the members of this Convention, at the same rate allowed to the members of the Legislature. Itcsolrerf, That this Convention adjourn at four o'clock, p. m., on Friday next, the 4th inst., until such time as it may be convened by order of the President, or the Com- mittee appointed for that purpose, in case of his death or disqualification. Mr. Perrin offered, the following amendment to the second resolution : Strike out all after the word "until" and insert "to meet at this place Wednesday, the 23d inst, at twelve o'clock, M., unless called together by the President at an earlier day. On motion, the resolutions and the amendment were ordered to lie on the table. On motion, the Convention was adjourned. B. F. ARTHUR, Clerk of the Convention. Convention of 1861. 17 FRIDAY, JANUARY 4, 1861. At the hour to which the Convention was adjourned, the President took the Chair, and the proceedings were opened with prayer by Rev. J. J. Wannamaker. The Clerk called the Roll, and the following Delegates answered to their names : Messrs. Allison, Appleby, Atkinson, Barron, Barton, Beaty, Bellinger, Bobo, Bonneau, Brown, A. H. Burnet, Calhoun, Caldwell, Campbell, Cam, Carroll, Caughman, Chesnut, Cheves, Clarke, Curtis, Darby, Dargan, Davis, De Saussure, Duncan, Dunkin, Du Pre, Ellis, English, Evans, Fair, Finley, Flud, 12 Forster, Foster, Furman, Garlington, Geiger, Glover, Goodwin, Gourdin, R. N Gourdin, T. L Grisham, Ilanckel, Harllee, Harrison, Ilayne, Henderson, Honour, Hopkins, Hunter, Ilutson, Inglis, Jackson, Jeft'eries, Jenkins, John Johnson, Kcitt, Kershaw, Kilgore, Kinard, Kiusler, Landrum, Lawton, Lewis, Mclver, ' McKee, it- Journal OF THE MoLeod, Maxwell, Mazvck. Means. Memminger, Middlt'toii, .1. Izard Middleton, W. Moore, Nowell, Palmer, Parker, Perrin, Porch er, Quattlebaum, Rainey, Reed, Rliett, Rhodes, Rutledge, Scott, Seabrook, E. M. Seabrook, G. W., Sr. Shingler, J. M. Shingler, W. P. Simons. Simpson, SiiiyIy, Smith, Spain, Springs, Stokes, Sims, Thompson, R. A. Thomson," Thomas Timmons, Tompkins, Wannamaker, Wardlaw, 1). L. Wardlaw, F. H. Wier, Williams, Wilson, I. D. Wilson, J. H. Wilson, W. B. Withers, Woods, Younsr. The Journal of yesterday's proceedings was read. The President announced the following Committee to call together the Convention in the event of the death or disqualification of the President : Messrs. B. F. Dunkin, D. L. Wardlaw, R. W. Barnwell, R. B. Rhett, W. W. Harllee. On motion of Mr. Dunkin, the Convention went into SECRET SESSION". The President read to the Convention certain despatches, which, on motion, were communicated to his Excellency the Uovernor. Convention of 1861. 179 GENERAL ORDERS. The Report of the Committee on Commercial Relations and Postal Arrangements, on a communication from his Excellency the Governor, in relation to drafts on the Treas- ury, was taken up. Mr. Mazyck offered the following resolution : Resolved, That Mr. B. C. Pressley, late Assistant Treas- urer of the United States, at Charleston, be, and he is hereby instructed and required to retain in his hands and possession, until the further order of this Convention, all money received by him on account of the United States before the withdrawal of this State from the Federal Union : Provided, that this order shall not extend to money re- ceived from Post-masters, which he shall be authorized to pay to mail contractors in South Carolina, on account of their contracts. Mr. Withers offered the following amendment, which was accepted by the mover of the resolution : Whereas, it appears that certain funds are in the custody of B. C. Pressley, Esq., Assistant Treasurer of the United States, which do belong to that power ; but, in considera- tion that the position of the United States towards South Carolina is equivocal, seeming, however, to this Conven- tion, to wear the aspect of hostility rather than of peace : Resolved, therefore, that the said sub-Treasurer be directed to hold such funds, subject to the further order of this Convention, to the end, that a proper account for said funds will be made by this State, in connection with other prop- erty of the said United States in possession of this State, upon a future final settlement, with the said United States. On motion, the resolution and amendment were ordered to lie on the table. Mr. Dunkin offered the following resolution, which was l v " Journal of tiii: agreed to, and was transmitted to his Excellency the Cov- ernor. Resolved^ That the interdict on the Assistant Treasurer in relation to drafts on funds in his hands be removed* The Report of the Committee was ordered to lie on the table. SPECIAL ORDER. On motion of Mr. Finley, the Convention proceeded to the consideration of the following resolutions, which had been made the special order of the day for this day, at one o'clock, P. M. Whereas, it is expedient that at the earliest practicable period, a Provisional Government should be organized for such of the slaveholding States of the United States of America, as shall secede from the Union of said States; And, whereas, it is requisite, to this end, that prompt action should be taken on this subject by the Conventions of the seceding States; And, whereas, the plan of a General Convention, to set in motion a Provisional Government, may fail to effect the object proposed, either from being unacceptable to the Con- ventions of the other seceding States, or from the delay incident to said plan of procedure ; be it therefore Resolved, That it be recommended to each of the Con- ventions of such of the said States as shall secede previous to the 9th day of February next, to elect, at any time between the act of secession and the said 9th day of Feb- ruary, a President and Vice President of the said Provis- ional Government, one of whom shall not be an inhabitant of the said seceding State ; and the persons having a majority of the votes cast in each of said Conventions, for the offices of President and Vice-President, shall be con- sidered entitled to as many votes for said offices in the Provisional Government, as the State thus voting was, Convention of 1861. 181 while one of the United States, entitled to cast in the elec- tion of President and Vice-President of the said United States ; and that it be also recommended to each of said Conventions, to elect at the same time aforesaid two Sen- ators, and as many Representatives, as the seceding State was entitled to in the Congress of the United States, pre- vious to the act of secession. And that the Senators and Representatives thus elected shall assemble at the City of in the State of on the 13th day of February next, and then and there be organized as the Provisional Congress of the Southern Confederacy, with the Constitution of the United States as a basis for said Provisional Government^ao far as the same may be applicable to such a Government; and that it be also re- commended to each of the said Conventions, to transmit the result of the votes cast for President and Vice-Presi- dent, in a sealed certificate, signed by the President of the said Convention to the said Congress, so as to be received by them on the day of their assembling, directed to the President of the Senate and Speaker of the House of Rep- resentatives ; and that on the day following, all of the votes received be counted by them, in the presence of the Senate and House of Representatives, in Congress assembled, and the result declared ; and the persons having the greatest number of votes for President and Vice-President, shall be the President and Vice-President of the said Provisional Government, if such number be a majority of the whole number of votes cast; and if no persons have such major- ity, then the election for said offices shall be made and Conducted by the Senate or House of Representatives, as the case may be, in like manner as is prescribed in the said Constitution of the United States, for the offices of Presi- dent and Vice President of the said United States ; and the persons elected to said offices, either by the said Conven- tions, or by the Congress of the Southern Confederacy, shall hold the said offices during the period for which the said Provisional Government shall continue to exist and no longer. 182 Journal of the On motion of Mr. Pope, the resolutions were ordered to lie "ii the table. .Mr. Simons, from the Committee on Engrossed Ordi- nances, made the following report, which was considered immediately, and was agreed to. The Committee on Engrossed Ordinances would respect- fully report, that "the declaration of the immediate causes which induce and justify the secession of the State of South Carolina from the Federal Onion," has been duly engrossed and enrolled, and having been signed by the President, and attested b}' the Clerk of the Convention, and the seal of the State attached thereto, has been deposited in the office of the Secretary of State. Your Committee would further report, that they have authorized the Secretary of State to procure a suitable box* for the proper security and preservation of the various Ordinances, Reports and Resolutions, which have been adopted, and directed to be engrossed by the Convention. Mr. Thomas Thomson presented the Report of the Com- mittee on Accounts, on the account of A. J. Burke, for stationery; which was considered immediately, and was agreed to. Mr. Thomas Thomson offered the following resolution, which was considered immediately, and was agreed to. Resolved, That the Committee of- Arrangements, from the Delegation of St. Philip and St. Michael, be requested to take in charge for safe keeping the various articles pur- chased by the Convention for its use, until the further order of the same. GENERAL ORDERS. The following resolution was agreed to: Resolved, That the Convention proceed forthwith to bal- lot for eight Deputies, who shall be authorized to meet in Convention such Deputies as may be appointed by the other Convention of 1861. 183 slaveholding States, who may secede from the Federal Union. Whereupon, the Convention proceeded to ballot for eight Deputies, provided for in the foregoing resolution. Mr. Miles, from the Committee on Foreign Relations, made the following report, which was considered immedi- ately, and was agreed to : The Committee on Foreign Relations, to whom were referred certain resolutions, directing the Governor to make known to Foreign Powers the separation of South Carolina from the Confederacy of the United States of America, beg leave to report : That they have considered the same, and recommend for their adoption, with the following am- endment to the first resolution: After the words "United States of America," insert the following: "and of the two Addresses setting forth the causes of the withdrawal of South Carolina from the Confederacy of the United States." Mr. Miles, from the Committee Sn Foreign Relations, made the following report, which was considered immedi- ately, and was agreed to : The Committee on Foreign Relations, to whom was referred the Ordinance empowering the Governor of South Carolina, in certain contingencies, to issue letters of marque and reprisal, beg leave to report: That they have duly considered the subject committed to them, and deem it inexpedient that this Convention should take any imme- diate action thereon. Mr. F. H. Wardlaw offered the following resolution, which was ordered for consideration to-morrow: Resolved, That upon any adjournment or recess of this Convention, the General Assembly, if in session, be vested with full power to take care that the Commonwealth receive no detriment. On motion of Mr. Mclver, business was suspended at forty-five minutes past one o'clock, p. m., until seven o'clock, P. M. 184 Journal of the RECESS. The President resumed the chair. Mr. Cheves, from the Committee appointed to count the ballots cast for deputies, reported, that Mr. R. B. Rhett received 92 votes; Mr. R. AV. Barnwell, 78 votes; Mr. C. G. Memminger, Q$ votes ; Mr. W. P. Miles, Gl votes, and Mr. James Chesnut, Jr., 68 votes. And that Messrs. R. B. Rhett, R. W. Barnwell, C. G. Memminger, "W". P. Miles and James Chesnut, Jr., having received, respectively, a majority of the ballots east, were consequently elected. On motion of Mr. Chesnut, the Convention proceeded to a second ballot for Deputies. Mr. Quattlebaum presented the Report of the Committee on Printing, on a Resolution providing for having photo- graphed the Ordinance of Secession ; which was ordered for consideration to-nmrrow. On motion of Mr. Chesnut, the Convention went into SECRET SESSION. Mr. R, W. Barnwell, Mr. J. II. Adams, and Mr. J. L. Orr, Commissioners to Washington, attended, and reported to the Convention the result of their mission, together with their correspondence with the President of the United States. Mr. Means offered the following resolutions : Resolved, That the thanks of this Convention are due, and are hereby given to our Commissioners for the able and faithful manner in which they have discharged their trust. Resolved, That five thousand copies of their correspond- ence with the President be printed for general distribution. Mr. Furman offered the following amendment to the first resolution : Convention of 1861. 185 Resolved, That this Convention is profoundly sensible of the wisdom and fidelity which have characterized the per- formance of the high functions with which the Commis- sioners to Washington were charged by this body. The amendment was agreed to ; and the Resolutions, as amended, were agreed to. Mr. Mazyck offered the following Resolution, which was considered immediately, and was agreed to : Resolved, That in consideration of the very important aid rendered to our Commissioners in advancing the object of their mission, by William II. Trescott, Esquire, the Con- vention include him in the expression of their profound sense of the meritorious services of the Commission, and place him in all respects on the same footing as one of the Commissioners. Mr. Curtis, from the Committee appointed to count the ballots cast for Deputies to a Convention of the seceding States, reported, that Mr. L. M. Keitt, Mr. T. J. Withers, and Mr. W. W. Boyce, had respectively received a majority of the ballots cast. Whereupon, the President announced that Mr. L. M. Keitt, Mr. T. J. Withers, and Mr. W. W. Boyce are duly elected. On motion, the injunction of secrecy was removed from the Report of the Commissioners to Washington, except so much thereof as relates to their conversations with the President. Mr. Kershaw offered the following resolution, which was considered immediately, and was agreed to ; and a copy thereof was sent to his Excellency the Governor : Resolved, That in referring to the Governor and Council for their action, certain resolutions providing for calling into service volunteer companies for a limited time, it was not intended by this Convention, thereby to abrogate or impair the operation of the recent Act of the General As- 1m; Journal of tuf. sembly, entitled, "An Act to provide an Armed Military Force." On motion of Mr. Pope, leave of absence was granted to Mr. Barnwell. Mr. Bobo offered the following resolution, which was considered immediately, and was agreed to: Resolved, That the President of this Convention be author- ized to draw warrants, countersigned by the Cashier, upon the Treasurer of the Lower Division, for the per diem and mileage of the members of this Convention, at the same rates as are allowed members of the General Assembly. Mr. D. L. Wardlaw offered the following resolution, which was considered immediately, and was agreed to: Resolved, That Messrs. Keitt and Miles, two of our late Representatives in the Congress of the United States, be requested to prepare for publication a paper, setting forth exactly the understanding which subsisted between them and the President of the United States, and the circumstan- ces which attended the forming of that understanding. Mr. Campbell offered the following resolution, which was considered immediately, and was agreed to : Resolved, That this Convention will adjourn to-morrow, to meet at such time and place as it may be convened by the President, under the provisions of the Resolutions already passed. On motion of Mr. Withers, the Convention was adjourned at forty-five minutes past ten o'clock, p. m. n. F. ARTHUR, Clerk of the Convention. Convention of 1861. 187 SATURDAY, JANUARY 5, 1861. At the hour to which the Convention was adjourned, the President took the Chair, and the proceedings were opened with prayer by Rev. J. M. Timmons. The Clerk called the Roll, and the following Delegates answered to their nanus : Messrs. Allison, Appleby, Ayer, Barron, Barton, Beaty, Bethea, Bellinger, Bobo, Bonneau, Brabham, Brown, A. II. Brown, C. P. Burnet, Cain, Caldwell, Campbell, Cam, Carroll, Caughman, Chesnut, Cheves, Clarke, Curtis, Darby, Dargan, De Saussure, De Treville, Dunkin, Du Pre, Ellis, English, Evans, Fair, Finley, Find,* Forster, Foster, Furman, Garlington, Geiger, Gist, Goodwin, Qourdin, R. N Gourdin, T. L Hanckel, Ilarllee, Harrison, Hayiie, Henderson, Honour, Hopkins, Ilutson, Inglis, Ingrain, Jackson, Jefferies, Jenkins, John Johnson, Keitt, Kershaw, Kilgore, Kinard, Kinsler, Law ton, Lewis, Lyles, McCrady, 1-vs Journal of the Mclver, M'I\ McLeod, Maxwell, Mazyck, Midaleton, J. Izard Middleton, W. M >ore, STobie, Novell, < > ' 1 1 en r. Palmer, Parker, Perrin, Quattlebaum, Uaincv, Reed, Rowell, Rutledge, Scott, Seabrook, G. W., Sr. Shingler; J. M. Shingler, W. P. Simpson, Siiivlv, Smith, Snowden, Spain, Springs, Stokes, Sims. Thomson, Thomas Thuliums, Tompkins, Townsend, W"agner, Wardlaw, D. L. Wardlaw, F. II. Wier, Williams, Wilson, J. II. Wilson, W. 13. Withers, Youn. F. Jamison, Charleston: Sik: I herewith transmit to you, a certified copy of the Constitution of the Confederate States of America, aa it was finally adopted by the unanimous vote of the Conven- tion, to be placed before the State Convention over which you preside, for its approval and ratification. It will be seen that the Convention here have conformed to the general wish of the people of these States, in adopt- ing a Constitution upon the general principles of the Con- stitution of the United States. The departures from the provisions of that instrument have been suggested by the experience of the past, and are intended to guard against the evil and dangers which led to the dissolution of the late Union. This Constitution is now submitted, with con- iidence, to the State Conventions for their action. Respectfully, HOWELL COBB, President of the Convention C. S. A. On motion of Mr. Rhctt, it was Ordered, That the communication be entered on the Journal, and that five hundred copies of the communica- tion and of the Constitution be printed. The President laid before the Convention the following communication ; which, on motion of Mr. Quattlebaum, was ordered to be entered on the Journal: South Carolina, Abbeville, February, 1861. Honorable D. F. Jamison, Presidad : 1 have the honor to acquaint the Convention of the peo- ple of the State of South Carolina, that on receiving my credentials, as Commissioner to the Convention of Missis- sippi, I proceeded immediately to the Capital of that State, Convention of 1861. 199 and made known to the Convention the objects of my mission. Among the results of that Convention, were the Ordi- nance of Secession by that State, and certain resolutions ; and these, in compliance with the request of the Conven- tion, I transmitted to the Executive authority of this State. The action of the Convention of the State of Mississippi was prompt and fraternal, and is a noble response to South Carolina — worthy of a great cause and a gallant people. It is due to the lofty heroism displayed by the State of Mis- sissippi, that it be remembered she was the first of the sis- terhood of Southern States to recognize the Sovereignty and Independence of the State of South Carolina, and the first to rush to her aid in her perilous struggle for the pres- ervation and maintenance of the inestimable rights of the whole South. With high consideration, I have the honor to be Your obedient servant, ARMISTEAD BURT. Mr. W. P. Shingler offered the following resolution, which was ordered for consideration to-morrow : Resolved, That it is the sense of this Convention, that all supplies of provisions and mail facilities, now allowed Major Anderson and the garrison at Fort Sumter, should be immediately cut off. Mr. A. H. Brown offered the following resolution, which was ordered for consideration to-morrow, and to be printed : Resolved, That the People of South Carolina, in Conven- tion assembled, cordially approve the election of Jefferson Davis to the Presidency, and Alexander II. Stephens to the Vice Presidency, of the Provisional Government of the Confederate States of America ; and have entire confidence 200 Journal of the in their experience, patriotism and ability to shape and guide the destinies of the new Republic. Mr. Mazjck offered the following resolution, which was ordered for consideration to-morrow: /,'■ wived, That after printed copies of the Articles agreed upon by th'e Convention al Montgomery as the Constitution of the Confederate States of America, shall have been fur- nished to the members of this Convention, any amendments which may he offered shall he considered in the order in Which they are proposed. Mr. Simons offered the following Ordinance, which was referred to the Committee on the Constitution of the State: An Ordinance declaratory of the true construction of an Ordinance entitled "An Ordinance concerning citizenship." Whereas, doubts have arisen whether, under the terms of the " Ordinance concerning Citizenship," passed on the first day of January, in the year of our Lord one thousand eight hundred and sixty-one, are included those persons who were, at the date of the Ordinance of Secession, citi- zens of the State of South Carolina, but residing without the limits of the said State ; Now, therefore, we, the 1'eople of the State of South Carolina, in Convention assembled, do dcelare and ordain, and it is herehy declared and ordained, that all persons who were citizens of the State of South Carolina, at the date of the Ordinance of Secession, to wit: on the twentieth day of Decemher, in the year of our Lord one thousand eight hundred and sixty, though not resident therein, are herehy declared to he, and to continue, citizens of the said State, until they shall have renounced their allegiance thereto. Mr. Manigault offered the following resolution, which was ordered lor consideration to-morrow 7 : /,'< soloed, That the Constitution of the United States, Convention of 1861. 201 adopted in 1789, be printed in parallel columns with the Constitution adopted by the Congress at Montgomery. On motion of Mr. Adams, the resolution to print the Constitution of the Confederate States of America was re-considered ; and Mr. Adams offered the following resolution, which was considered immediately, and was agreed to : Resolved, That the Constitution of the United States, adopted in 1789, be printed in parallel columns with the Constitution adopted by the Congress at Montgomery. Mr. Magrath offered the following resolutions, which were seconded by Mr. Dunkin and unanimously agreed to : Resolved, That this Convention receives, with deep regret, the intelligence of the death of Henry W. Conner, late one of its members. Resolved} That in the enlightened enterprise and patriotic devotion of Henry W. Conner, the State of South Carolina has recognized the qualities which have contributed to advance her material prosperity, and sustain her political independence. Resolved, That the Secretary of this Convention commu- nicate these resolutions to the family of the deeeased. Mr. I. D. Wilson offered the following resolutions, which were unanimously agreed to : Resolved, That this Convention have heard, with deep sensibility, of the death of Julius A. Dargan, a member of this Convention. Resolved, That we unite in sympathy with the family, to whom a copy of these resolutions be sent. On motion of Mr. Withers, and as a further mark of respect to the memory of the deceased, the Convention was adjourned, to meet to-morrow, at twelve o'clock, m. B. F. ARTHUR, Clerk of the Convention. JOUBNAL OF THE WEDNESDAY, MARCH 27,1861. At the hour to which the Convention was adjourned, the ■ lent tool: the Chair, and the proceedings were opened with prayer by Rev. J. C. Furman. The Clerk called the Roll, and the following Delegates answered to their names : Messrs. Adams, Allis«»n, Appleby, Atkinson, Ayer, Barnwell, Barron, Barton, Beaty, Bethea, Bellinger, Boh.,.' Bonneau, Brabham, Brown, A. H. Brown, C. P. Burnet, Calhoun, Caldwell, ( lampbell, ( larn, Carlisle, Carroll. ( laugh man, ( lauthen, Char, is CheSnu . Cheve ■ Clark.' Crawford, Darby Dava I );i\'K DeS sure, De Treville, Duncan, Dunkin, Dunovant, A. Q. Dunovant, 11. G. M. Du Pre, | English, Evans, Fair, Find, Forster, Foster, Frampton, Furman, Gadberry, Garlington, Geiger, Gist, Glover, Goodwin, Gourdin, R. N. Gourdin, T. L. Green, Gregg, Maxcy Gregg, William ( Jrisham, Hammond, llanckel, Harllee, Harrison, II ay ne, Henderson, Honour, Hopkins, Convention of 1861. 203 Hunter, Hutson, Inglis, Ingram, Jackson, Jeft'eries, Jenkins, John Jenkins, J. E. Johnson, Keitt, Kershaw, Ivilgore, Kinard, Kinsler, Landrum, Lewis, Logan, Mc : I\*er, McKee, McLeod, Magrath, Manigault, Manning, Maxwell, Mayes, Mazyck, Means, Middleton, J. Izard Middleton, W. Miles, Moore, Moorman, Noble, Nowell, O'llear, Orr, Palmer, Parker, Perrin, Pope, Porcher, Pressley, Quattlebaum, Rain e j, Reed, Rhett, Rhodes, Richardson, F. D. Richardson, J. P. Robinson, Rowel I, Rutledge, Scott, Seabrook, E. M. Sessions, Stringier, J. M. Shingler, W. P. Simons, Simpson, Smylv, Smith, Snowden, Spain, Spratt, Springe, Stokes, Sims, Thompson, R. A. Thomson, Thomas Timmons, Tompkins, Townsend, Wagner, Wannamaker, Wardlaw, D. L. Ward law, F. H. Watts, Wier, Whitner, Williams, Wilson, I. D. Wilson, J. H. Wilson, W. B. Withers, Woods, Young. The Journal of yesterday's proceedings was read. 204 Journal of tiie Mr. Rhett read to the Convention a resolution adopted by the Congress of the Confederate states, at Montgomery; and Mr. Rhett offered die following resolution : /,' ./,-,,/, That when the Constitution of the Confederate States is taken up for consideration, it shall be considered in secret aession; and the President of the Convention is hereby authorized and required to employ two competent stenographers to report the debates and proceedings which shall take place on said Constitution. Pending the discussion thereof by Mr. Maxcy Gregg, Mr. E. M. Seabrook rose to a question of order. The President decided the discussion in order. Whereupon, Mr. Barnwell appealed from the/ decision of the President; and, the question being put, will the Con- vention sustain the decision of the Chair? it passed in the negative: Yeas, 39; nays, 119. The yeas and nays were demanded and are as follows: Those who voted in the affirmative are : Hon. D. F. Jamison, Pte&idmt; and Messrs. Adams, Allison, Appleby, Atkinson, BonneaU) Ural ilia in, Brown, C. P. Burnet, ( "allioun, ( 'aldwell, Clarke. Darky, Evans, Flud, ( Jregffj Maxcy I [enderson, Jenkins, John Jenkins, J. E. Kershaw, Kinsler, McLeod, Manigault, Mazyck, Middleton, J. Izard Middleton, \V. Moore, Now ell, O'llear, I kiit ledge, Scott, Shingler, J. M. Simons, Smith, Snowden, Spratt, Wagnerj Wardlaw, F. II. Williams, Convention of 1861. 205 Those who voted in the nesrative are: Messrs. Aver, Barnwell, Barron, Barton, Beaty, Bethea, Bobo, Brown, A. H. Cain, Campbell, Cam, Carlisle, ( 'arroll, ( 'aughman, Cant lien, Charles, Chesnut, Chevcs, Crawford, Davant, Davis, De Saussnre, De Treville, Duncan, Dnnkin, Dunovant, A. Q. Dunovant, R. G. M. l)u Pre, Easley, Ellis, English, Fair, Forster, Foster, Frampton, Furman, Gadberry, Garlington, Geiger, Gist, Glover, Goodwin, Gourdin, R. N". Gourdin, T. L. Green, Gregg, William ( rrisham, Hammond, Hanckel, 11 a rl lee, Harrison, Hayne, Honour. Hopkins, 11 unter, Hut80D, Inglis, Ingram, Jackson, J ethanes. Johnson, Keitt, Kilgore, Kinard, Landrum, Lewis, Logan. Lyles, MrCrady, Mclver, McKee, Magrath, Manning, Maxwell, Mayes. Means. Miles, Moorman, Noble, Orr, Palmer, Parker, Perrin, Pope, Porcher, Pressley, 20G Journal op the Quattlebaum, 1 i ; i i ! i « \ . Reed, Rhett, Rhodes, Richardson, F. D. Richardson, J. P. Robinson, Rowell, Seabrook, E. M. Sessions, Shingler, W. P. Simpson, Smyly, Spain, Springs, Stokes, Sim-;. Thompson, R. A. Thomson, Thomas Timmons. Tompkins, Townsend, Wannamaker, Wardlaw, 1). L. Watts, Wier, Wilson, I. D. Wilson, J. H. Wilson, W. B. Withers, Woods. Young. Mr. John Izard Middleton, offered the following amend- ment, which, on motion of Mr. Reed, was ordered to lie on the table : lusolnd. That our Delegates to Montgomery be heard in secret session in relation to the discussions on the subject of the Constitution for the Confederate States of America. On motion of Mr. Fair, the resolution was amended by striking out the words: "and the President of the Con- vention is hereby authorized and required to employ two competent stenographers to report the debate's and proceed- ings which shall take place on said Constitution." The question being put, will the Convention agree to the resolution? it passed in the affirmative: Yeas, 129; nays, 29. The yeas and nays were demanded, and are as follows: Those who voted in the affirmative are: lion. D. F. Jamison, President; and Messrs. Allison, Barnwell, Atkinson, Barron, Aver, Barton, Convention of 1860. 207 Beaty, Bethea, Bellinger, Bobo, Brabham, Brown, A. H. Cain, Calhoun, Caldwell, Campbell, Cam, Carlisle, Carrol], Caughman, Cauthen, Charles, Chesnut, Cheves, Clarke, Crawford, Davis, De Saussure, De Treville, Duncan, Dunkin, Dunovant, A. Q. Dunovant, E. G. M. Du Pre, Easley, Ellis, English, Fair, Flud, Forster, Foster, Frampton, Furman, Gadberry, Garlington, Geiger, Glover, Goodwin, Gourdin, R. JT. Gourdin, T. L. Green, Gregg, William Grisham, Hammond, Hanckel, Harllee, Harrison, Hayne, Honour, Hopkins, Hunter, Inglis, Ingram, Jackson, Jefteries, Johnson, Keitt, Kilgore, Kinard, Landrum, Lewis, Logan, Lyles, McCrady, McKee, McLeod, Magrath, Manning, Maxwell, Mayes, Means, Miles, Moore, Moorman, Noble, Nowell, O'Hear, Orr, Palmer, Parker, Perrin, Pope, Porch er, Quattlebaum, Rainey, Reed, - - J01 KNAL OF THE Rhett, Thompson, K. A. Rhodes* Thomson, Thomas Richardson, J. P. Timmons, \l> fbinaon, Tompkins, Etowell, Townsend, Scott, Wannamaker, Seabrook, E. M. Wardlaw, D. L. Sessions, Watts, Shingler, J. M. Wier, Shingler, W. P. Whitner, Simpson, Wilson, i. d. Smvly, Wilson, .1. 11. Snowden, Wilson, W.B. Springs, Withers, Stokes, Woods, Sims, Young. Those who voted in the negative are Messrs. Adams, Bonneau^ Bn.wn, C. P. Burnet, Darby, Davant, Evans, Gist, Gregg. Maxcy Henderson, EEutson, Jenkins, John Jenkins, J. E. Kinsler, Mclver, Manigault, Mazyck, Middleton, J. Izard Middleton, W. Pressley, Richardson, F. D. Rutledge, Simons. Smith, Spain, Bpratt, Wagner, Wardlaw, P. H, Williams. So the resolution was agreed to. Mr. James Conner, Delegate from St. Philip's and St. Miehael's, cleeted to fill the vacancy occasioned by the death of Mr. II. W. Conner, appeared at the Clerk's desk, produced his credentials, signed the roll, and took his' seat. The President laid before the Convention the following communications, which were severally ordered to be entered on the Journal : Convention of 1861. 209 Charleston, March 27, 1861. To the Hon. D. F. Jamison, President of the Convention of S. C. : Dear Sir : Having been honored, on the 1st January last, with an appointment to present to the people of Flor- ida, in Convention assembled, a copy of the Ordinance of Secession, and of a plan for a Provisional Government, adopted by this Convention, I have the honor to report : That I started at once upon my mission, and arriving at Tallahassee, Florida, where the Convention was then in session, and exhibiting my credentials, I was invited to ap- pear before the Convention, and deliver my communications. This invitation was complied with, as soon as I was advised of the readiness to receive me, and I have the pleasure to report that I was heard with respect. That soon thereafter, the Convention adopted an Ordinance of Secession, and concurred with this Convention in the plan for a Provisional Government proposed. Official copies of these Acts were furnished me, under the order of the Convention, and returning to Charleston, I placed the same in the hands of the Honorable Secretaiy of State for South Carolina. With great respect, I am, Your obedient servant, L. W. SPRATT. Charleston, March 27, 1861. Hon. D. F. Jamison, President of the Convention of the People of South Carolina : Sir : I have the honor to report, that in obedience to the expressed wish of the Convention, I was in attendance on the Convention of the people of Arkansas, which assembled at Little Rock, on the 4th inst. I communicated to that body the papers entrusted to my charge, and regret to state, that I have not received any official response. Respectfully, A. C. SPAIN. 14 210 Journal of tiie Ajtobrbon, 7th February, 1861. Bon. D. F. Jamisoh : Sir: As Commissioner from this State to the Georgia Convention, I have the honor to report, that I proceeded to Milledgeville, and, upon its organization, I addressed the enclosed communicatioD to the Convention. I was invited to address the Convention in explanation of the objects and purposes of my mission, and I accepted the invitation. The final action of the body has already been communi- cated to the public. The decisive and unanimous voice of the great State of Georgia in asserting her independence of federal wrong and oppression, settles the question of the complete success of the secession movement of the Cotton States at least. I have the honor to be, Very respectfully, your ob't serv't, JAMES L. ORR. Charleston, March 27, 1861. To the Hon. L>. F. Jamison, President of the Convention of South Carolina : Sir : In conformity with instructions from the body over which you preside, I proceeded, at a proper time, to the seat of government of Louisiana, and formally laid before the Convention of that State the Ordinance of Secession of South Carolina, and, moreover to ask its co-operation in the formation of a Southern Union of Confederate States. The action of that distinguished body is already a part of the history of a great revolution, and cannot fail to be a cause of satisfaction to this body, and to the people of this State. I cannot forbear sir, to express my sense of the cordial, prompt and decided response which was given to the mes- sage from this State, and the personal courtesy which was extended to me as the bearer of it. I have the honor to be, With high respect, Your ob't serv't, JOHN L. MANNING. Convention of 1861. 211 The President laid before the Convention the following communication : Chakleston, S. C, March 26, 1861. Hon. D. F. Jamison, President of the Convention of South Carolina : Sir : Should it be the desire of the members of the Con- vention to visit the fortifications erected for the defence of the harbor of Charleston, it will afford me great pleasure to accompany them on such a visit, at any time they may designate as most convenient to themselves. I am. Sir, with much respect, Your obedient serv't, G. T. BEAUREGARD, Brigadier- General Commanding. On motion of Mr. Adams, the invitation was accepted, and Saturday next designated as the day for visiting the for- tifications. Mr. Rhett introduced the following Ordinance, which, on motion of Mr. Rhett, was ordered to lie on the table, and to be printed : AN ORDINANCE Ordering a Convention of the People of the State of South Carolina on a certain contingency. Whereas, experience has proved that the slaveholding and non-slaveholdiug States cannot live in peace under the same government, We, the People of the State of South Carolina, in Convention assembled, do declare and ordain, and it is hereby declared and ordained, That, should any State hereafter be admitted into the confederacy of the Confederate States, which, by its Con- stitution, does not tolerate slavery within its limits, and provide for its protection by suitable legislation, the Gov- ernor of the State of South Carolina is hereby ordered, forthwith, to summon, by proclamation, the people of the 212 Journal of the State of South Carolina to assemble in Convention ; and he shall issue writs of election, determining the time and place of holding the same and the time and place of the assembling of the said Convention, conforming, as tar as they are applicable, to the provisions of the Act of the Legislature whereby this Convention was called. Mr. John I/.ard Middleton introduced An Ordinance t<> ratify the Provisional Constitution and Government of the Confederate States of America; which was ordered to he placed on the Calendar of the secret ses- sions, and to be printed. Mr. Masyck presented the report of the Committee appointed to enquire how much of the legislation of Con- gress is abrogated by the secession of the State ; which was ordered for consideration to-morrow, and to he printed. Mr. Glover offered the following resolution, which was considered immediately, and was agreed to : h'i.e Saussure, De Treville. Duncan, Dunkin, Dunovant, A. Q. DuDovant, R. G. M. Du Pre, Easley, Ellis, Euglish, Evans, Fair, Find, Forster, Foster, Frampton, Furman, Gadberry, Garlington, Geiger, Cist, Glover, Goodwin, Gourdin, R. K Gourdin, T. L. < ; r< * ■ t i , Gregg, Maxcv ( rregg, William ( Irisnam, I [ammond, I [anckel, Harllee, Harrison, I I ii \ lii'. Henderson, Honour, Hopkins, Hunter, Hutson, Inglis, Ingram, Jackson, J cileries, Jenkins, John Jenkins, J. E. Johnson, Keitt, Kershaw, Kilgore, Kinard, Kinsler, Landrum, Lewis, Logan, Lyles, M elver, McKee, McLeod, Magrath, Manigault, Manning, Mauldin, Maxwell, Mayes, Mazyck, Means, Middleton, J. Izard Middleton, W. Miles, Convention of 1861. 215 Moore, Smyly, Moorman, Smith, Noble, Snowden, Nbwell, Spain, O'Hear, Spratt, Orr, Springs, Palmer, Stokes, Parker, Sims, Perrin, Thompson, R. A. Pope, •Thomson, Thomas Porch or, Timmons, Pressl ey, Tompkins, Q.uattlebaum, Wagner, Rainey, Wannamaker, Reed, Wardlaw, D. L. Rhett, Wardlaw, F. II. Rhodes, Watts, Richardson, J. P. Wier, Robinson, Whitner, Rowell, Williams, Rutledge, Wilson, I. D. Scott, Wilson, J. H. Sessions, Wilson, W. B. Shingler, J. M. Withers, Shingler, W. P. Woods, Simpson, Young. The Journal of yesterday's proceedings was read. Mr. Thomas Smith, Delegate elected from Darlington district, to till the vacancy occasioned by the death of Mr. Julius A. Dargan, appeared at the clerk's desk, produced his credentials, signed the roll, and took his seat. Mr. Rhett introduced the following Ordinance, which was referred to the Committee on Relations with the slave- holding States of North America, and was ordered to be printed: An Ordinance ceding the possession of the Forts, Arsenals and Marine Hospitals to the Confederate States. Whereas, the Congress of the Confederate States has recommended to the respective States to cede the Forts, Arsenals, Navy Yards, Dock Yards, and other public estab- 216 Jourval oi Tin: Lishments within their respective Limits, to the Confederate Stat. - : W . tin People of th* state of South C"r<>ln<(' all the Forts, Arsenals, or Marine Hospitals, in this State, lately occupied by the Government of the United States, he, and the same are hereby ceded to the Confede- rate states of America, under this following- condition, however, That should, at any time hereafter, two-thirds of both branches of the Legislature of this State, or the people of this State assembled in Convention, require of the Pre- sident of the Confederate States that the said Forts, Arse- nals, or Marine Hospitals shall be surrendered up and restored to the possession of this State, the said request shall be promptly complied with. A communication was received from his Excellency the Governor, and was read by his private Secretary, Mr. Shackleford. On motion of Mr. Hardee, the communication was made the special order of the day for to-morrow, at one o'clock, p. M., and was ordered to be printed; and the accompany- ing documents were ordered to lie on the table. GENERAL ORDERS. The Report of the Committee on Printing, on a resolu- tion to have the Ordinance of Secession photographed, was ordered to lie on the table. On motion of Mr. Quattlebaum, the general orders were suspended; and Mr. Quattlebaum presented the report of the Committee on Printing, recommending that Messrs. Evans & Cogswell he requested to furnish two hundred lithographic copies of the Ordinance of Secession for the use of the Convention; which was considered immediately; and the question being Convention of 1861, 217 put, will the Convention agree to the report ? it passed in the affirmative: Yeas, 99; nays, 63. The yeas and nays were demanded, and are as follows : Those who voted in the affirmative art : Hon. D. F. Jamison, President; and Messrs. Allison, Appleby, Atkinson, Barnwell, Be the a, Bobo, Bonneau, Brown, A. H. Burnet, ( lain, Calhoun, Caldwell, ( 'ampbell, Cam, Carlisle, Carroll, Caughman, Cauthen, Charles, Cheves, Crawford, Darby, J )avant, Davis, De Saussnre, De Treville, Duncan, Dunkin, Du Pre, Ellis, English, Find, Forster, Frampton, Furman, Geiger, Gist, Gourdin, R. N. Greg< Maxcy William ikins. J, K. p- Gregg, Hammond, Hanckel, J I aril ee, Harrison, Hayne, Henderson, Honour, Hutson, Inglis, Ingram, Jackson. Jenkins. Kilgore, Kinard, Kinsler, Landrum, Lyles, McKee, McLeod, Magrath. Manigault, Manning, Mazyck, Means. Miles, Moore, Moorman, Noble, O'Hear. Palmer, Parker, Pope, Porcher, Press lev, Quattlebaum, Rainey, 218 JOI RNAL OF llii: Rhett, Rhodes, Richardson, F. D. Richardson, J. P. Rowell, Rutledge, Scott, ' Seabrook, E. M. Sessions, Shingler, J. M. Sinyly, Those who voted in the negative Messrs. Adams, Aver, Barron, Barton, Beaty, Bellinger, Brabham, Brown, 0. P. ( Jhesnnt, Clarke, Conner, Dunovant, A. Q. Dunovant, R. G. M. Easley, Evans, Fair, Foster, Gadberry, Garlington, Glover. Goodwin, Gourdin, T. L. ( J reen, Grisham, Hopkins, Hunter, Jefferies, Jenkins, Jolin Johnson, Keitt, Kershaw, Lewis, Smith, J. J. P. Smith, Thomas, Snowden, Spratt, Stokes, Sims, Tompkins, Townsend, Wardlaw, F. II. Whitner, Wilson, J. II. are : Lopm, McCrady, Mclver, Mauldin, Maxwell, Mayes, Middleton, J. Izard Niiddleton, W. No well, Orr, I'errin, Reed, Robinson, Shingler, W. P. Simpson, Spain, Springs, Thompson, "R. A. Thomson, Thomas Timmons, Wagner, Wannamaker, Wardlaw, 1). L. Watts, Wier, Williams, Wilson, I. D. Wilson, W. B. Withers, Woods, Young. Convention of 1861. 219 Mr. Quattlebaum offered the following resolutions: Resolved, That Gen. P. G. T. Beauregard, now command- ing the military forces in the vicinity of Charleston, by order of the Provisional Government of the Confederate States of America, and with the approval of the Executive authority of South Carolina, be allowed the privileges of a seat on the floor of the Convention, whenever it may suit his convenience to be present at any other than the secret sessions thereof. Resolved, That a Committee of three be appointed to make known to Gen. Beauregard the purport of the fore- going resolution. Mr. Adams offered the following amendment, which was agreed to : Resolved, That the President of the Convention extend to Gen. Beauregard the privilege of a seat on the floor of the Convention. Mr. Manigault offered the following resolutions, which were ordered for consideration in secret session, and to be printed: 1. Resblved, That in the Constitution adopted by the Congress of the Confederate States, at Montgomery, many, but. not all, of the material defects of the Constitution of 1787, pointed out by the experience of seventy years, have been amended or removed. 2. Resolved, That before this Convention ratifies the Con- stitution adopted at Montgomery, we feel bound to express our conviction that it is imperfect and objectionable, and ought to be amended on the following points: 1st. In leaving open the door to the admission of non- slaveholding States into this Confederacy. 2d. In adopting the basis of only three-fifths of the slaves in calculating federal population. 220 Journal of the 3d. In granting to the Government of the Confederacy an unlimited power of* indirect taxation. 4th. In making the prohibition to import Africans a constitutional principle, and not merely giving t<> the Con- federate Government the power to prohibit it as a matter of expediency, and in not patting the Coolie trade on the same footing. 5th. In continuing the Post-office monopoly in the hands of the Confederate Government. Mr. 1 1 ut son proposed to introduce certain resolutions; Mr. Dunkin objected; and the question being put, will the Convention now receive this? it passed in the negative: Teas, 60; nays, 94. The yeas and nays were demanded, and are as follows: Those who voted in the affirmative are: Eon. ~D. F, Jamison, "President; and Messrs. Adams. Aver, Bellinger, I V raneau, Brown, C. P. Burnet, Cain, Calhoun, Caldwell, Campbell, Carn, Carroll, Chesnut, Clarke, Jenkins, John Keitt, Kershaw, Kinsler, Mclver, McLeod, Magrath, Manigault, Mazyck, Middleton. J. Izard Middleton, W. Moorman, Noble, Nowell, O'Hear, Palmer, I >arby, Davant, I >e Saussure, Evans, Find, Forster, Frampton, Furman, Gist, Glover, Gourdin, R. N. ( l regg, Maxcy 1 Ienderson, Inglis, Pressley, Rhett, Richardson, F. D. Rutledge, Convention of 1861. 221 Scott, Seabrook, E. M. Shingler, J. M. Simons, Smith, J. J. P. Snowden, Spain, Spratt, Stokes, Wagner, Wilson, J. H. Those who voted in the negative are Messrs. Allison, Atkinson, Barnwell, Barron, Barton, Beaty, Bethea, Bobo, Brabham, Brown, A. II. Carlisle, Caughman, Cauthen, Charles, Chews, Conner, Crawford, Davis, De Treville, Duncan, Dun kin, Dunovant, A. Q. Du Pre, Ellis, English, Fair, Foster, Garlington, Geiger, Goodwin, Gourdin, T. L. Green, Gregg, William Grisham, Hammond, Hanckel, E. Harrison, Hayne, Honour, Hopkins, Hunter, Ingram, J cileries, Jenkins, J Johnson, Kilgore, Kinard, Landrum, Lewis, Logan, Lvles, McCrady, McKee, Manning, Mauldin, Maxwell, Mayes, Means, Miles, Moore, Orr, Parker, Perrin, Pope, Porcher, Quattlebaum, Rainey, Reed, Rhodes, Robinson, Rowell, Sessions, •_'_! J JOIKN IL <>F THE Stingier, W. I\ Wardlaw, D. L. Simpson, W"ardlaw, P. H. Smyly. Watts, Smith, Thomas Wier, Springs, Whitner, si ins, Williams, Thompson, R. A. Wilson, I. D. Timmons, Wilson, W. B. Tompkins, Withers* Townsend, Woods, Wannamaker, Young. So the resolutions were not received. Mr. Pope ottered the following resolution, which was ordered for consideration to-morrow: Resolved, That all amendments in the shape of resolu- tions or Ordinances, to be proposed to the Constitution submitted to this Convention for the Confederate States, be offered in secret session only. On motion of Mr. Cam, it was Ordered, That when this Convention adjourns, it shall be adjourned to meet to-morrow, at twelve o'clock, Si. Mr. D. L. Wardlaw offered the following resolution, which was made the special order of the day for to-morrow, at twelve o'clock, M. Resolved, That a motion to sit with closed doors be a privileged motion, which may be made whenever a motion to take a recess might be. Mr. F. II. Wardlaw proposed to introduce certain reso- lutions; Mr. John Izard Middleton objected; and the question being put, will the Convention now receive this? it passed in the negative: Yeas, 1 ; nays, 144. The yeas and nays were demanded, and are as follows: Mr. F. II. Wardlaw voted in the affirmative; and those who voted in the negative are: Convention of 1861. 223 Hon. ~D. F. Jamison, Messrs. Adams, Allison, Atkinson, Ayer, Barron, Barton, Beaty, Bethea, Bellinger, Bobo, Bonncau, Brabham, Brown, A. II. Brown, C. P. Burnet, Cain, Calhoun, Caldwell, Campbell, ( 'am, Carlisle, Carroll, Caughman, Cantlien, Charles, Cheves, Clarke, Conner, Crawford, Darby, Davantj Davis, De Saussure, De Treville, Duncan, Dunkin, Dunovant, A. Q. Dunovant, R. G. M. Du Pre, Ellis. English, Evans, Find, President; and Forster, Foster, Frampton, Furman, Gtodberry, Garlington, ( teiger, Gist. Glover, Goodwin, Gourdin, R. N. Gonrdin, T. L. Green, Gregg, Maxcy Gregg. William Grisham, Hammond, llanekel, Harrison, II ay ne, Henderson, Honour, Hopkins, Hutson, Inglis, Ingram, Jackson, Jeti'eries, Jenkins, John Jenkins, J. E. Johnson, Kershaw, Kilgore, Kinard, Ivinsler, Landrnm, Logan, Lyles, McCrady, Mclver, McKee, MeLeod, Magrath, •224 Journal of the Manigault, Manning, Manldin. Maxwell, Ma\ Mazyck, Means, Middleton, J. Izard Middleton, W". Moore, Moorman, Noble. Lowell, O'Hear, Orr, Palmer, Parker, Perrin, Pope, Porcher, Pressley, Quattlebaum, Raincv. Reed, Rhodes, Robinson, Rowel 1, Rutledge, Scott, Seabrook, E. M. Sessions, Shingler, J. M. Stingier, W. P. Simons, Simpson, Smyly, Smith, J. J. P. Smith, Thomas Snowden, Spain, Spratt, Springs, Stokes, Sims. Thompson, R. A. Timmons, Tompkins, Townsend, Wannamaker, Watts, Wier, Whitner, Williams, Wilson, I. D. Wilson, J. H. Wilson, W. B. Woods. On motion of Mr. McCrady, leave of absence was granted to Mr. Cant hen on aeeonnt of sickness in his family. On motion of Mr. Rhett, the Convention was adjourned at three o'clock, p. m. B. F. ARTHUR, Clerk of the Convention. Convention or 1861. 225 FRIDAY, MARCH 29, 1861. At the hour to which the Convention was adjourned, the President took the Chair, and the proceedings were opened with prayer by the Rev. J. J. Wannamaker. The Clerk called the Roll, and the following Delegates answered to their names : Messrs. Adams, Allison, Appleby, Atkinson, Aver, Barnwell, Barron, Barton, Beaty, Bethea, Bonneau, Brabham, Brown, A. H. Brown, C. P. Burnet, Cain, Calhoun, Caldwell, Cam, Carlisle, Caughman, Chesnut, Cheves, Clarke, Conner, Crawford, Darby, Davant, Davis, De Saussure, De Treville, Duncan, Dunovaut, A. Q. Dunovaut, R. G.M. 15 Du Pre, Easley, Ellis, English, Evans, Fair, Find, Forster, Foster, Frampton, Furman, Gadberry, Garlington, Geiger, Gist, Glover, Goodwin, Gourdin, R. N. Gourdin, T. L. Green, Gregg, Maxcy Gregg, William Grisham, Hammond, Harllee, Harrison, Hayne, Henderson, Honour, Hopkins, Hunter, Hutson, Inglis, Ingram, 226 Journal of the Jackson, Jefferies, Jenkins, John Jenkins, J, E. Johnson, Eeitt, Kershaw, Kilgore, Kinard, Kinsler, Landrum, Lewi^. Logan, Lvles, M elver, McKee, McLeod, Magrath, Manldin, Maxwell, Mayes, Means, Middleton, .). Izard Middleton, \\ r . Miles, Moore, Noble, Howell, O'Hear, Orr, Palmer, Parker, Perrin, Pope, Porcher, Quattlebaum, Rainey, Ehett, Rhodes, Elobinson, Rowell, Rutledge, Scott. ' Seabrook, E. M. Sessions, Shingler, J. M. Shingler, W. P. Simons, Simpson, Smyly, Smith, Thomas Smith, J. J. P. Snowden, Spain, Spratt, Springs, Stokes, Sims, Thompson, R. A. Timmons, Tompkins, Wannamaker, Wan 11 aw, D. L. Wardlaw, P. II. Watts, Wier, Whitner, Williams, Wilson, I. D. Wilson,. I. II. Wilson, W. B. Withers, Woods, Yonng. The Journal of yesterday's proceedings was read. The President announced that Mr. James Conner is added to the Committee on the Constitution of the State ; and that Mr. Thomas Smith is added to the Committee on Commercial Relations and Postal Arrangements. Convention of 1861. 227 Mr. John Izard Middle-ton offered the following resolu- tions : 1. Resolved, That the true policy of South Carolina con- sists in the establishment of free trade, and her people never will consent to yield obedience to any government that violates a policy so essential to their prosperity. 2. Resolved, That it is indispensable to the success of our agriculture, and the profitable development of the mechanic arts amongst as, that the labor markets of the world should be open to us. 3. Resolved, That the right of self-government by the people of this State was acquired through the Revolution of 1776, and ought never to be held subject to the limita- tions of a government national in its character, whilst it would be perfectly safe under a Federative system. 4. Resolved, That all attempts to mingle, with any good result, National and Federal systems have proved abortive, and will always be followed by unhappy consequences, and are, therefore, to be avoided. 5. Resolved, That a slaveholding community that allows itself to be governed or controlled, in any particular, by a non-slaveholding community, must be alike blind to what is essential to its honor, its interests, its safety, and the happiness of its people. 6. Resolved, That the permanent Constitution of the Con- federate States of America, agreed upon at Montgomery, Alabama, and recommended to our acceptance, not permit- ting to us the establishment of the policy of free trade, taking out of our hands (employed, as we are, in the culti- vation of semi-tropical products,) the control of our supply of labor, by a positive prohibition, giving us no efficient guaranty of the right and power of self-government at home, mingling, as it does, the Xational and Federative systems, and permitting the eventual accession of Anti- Slavery communities to our Confederacy by the absence of a constitutional prohibition, cannot be accepted by South Carolina, unless it be amended in all of the particulars above specified. 228 Journal of the SPECIAL ORDER. Pending the reading of the resolutions, on motion of Mr. ]). L. Wardlaw, the Convention proceeded to the considera- tion of the following resolution, which had been made the special order of the day, for this day, at twelve o'clock, v.. : Resdived, That a motion to sit with closed, doors be a privileged motion, which may be made whenever a motion to take a recess might be ; And, pending the consideration thereof, on motion of Mr. Kcitt. the Convention went into SECRET SESSION. The Convention resumed the consideration of the fol- lowing resolution : Resolved, That a motion to sit with closed doors be a privileged motion; which may be made whenever a motion to take a recess might be. Two-thirds of the members preseut having voted in the affirmative, the resolution was agreed to. The Convention proceeded to the consideration of the Constitution of the Confederate States of America. The Constitution was read by the Clerk. Mr. D. L. Wardlaw offered the following resolution : The Constitution having been read, ftesolr-erf, That in the further consideration of the instrument, observations from any member shall be heard in reference to any part of it ; but no question on it shall be taken until the question of ratification or rejection shall have been decided. If rati- fied, suggestions of amendment may be afterwards consid- ered and disposed of. If rejected, the conditions upon which it might be accepted may be considered. Convention of 1861. 2*29 Mr. Furman offered the following amendment : Resolved, That in the consideration of the Constitution, and before proceeding to vote upon the question of ratifi- cation, the opportunity shall be afforded for the presenta- tion of proposed changes in the Constitution ; which changes, if they shall be approved by this Convention, shall, in case the Constitution shall be ratified by this body, be proposed to the Congress of the Confederate States as amendments demanded by the State of South Carolina. Mr. Hutson moved to lay the resolution and the amend- ment on the table ; and the question being put, will the Convention agree thereto ? Messrs. Adams and Means were appointed tellers : Yeas, 67 ; nays, 84. So the motion was not agreed to. Mr. Orr moved that the amendment be ordered to lie on the table; and the question being put, will the Convention agree thereto ? it passed in the affirmative : Yeas, 101 : nays, 60. The yeas and nays were demanded and are as follows: Those who voted in the affirmative are : Hon. D. F. Jamison, President; and Messrs. Allison, De Treville, Appleby, Duncan, Barnwell, Dunkin, Barron, Dunovant, A. Q. Barton, Dunovant, R. G. M. Beaty, Easley, Bethea, Ellis, Bobo, English, Brabham, Evans, Cam. Foster, Caughman, Gadberry, Chesnut, Garlington, Conner, Geiger, Crawford, Glover, Darby, Goodwin, De Saussure, Gourdin, R. N. 230 Journal of i si Gourdin, T. L. « treen, Gregg, William Grisnam, Hammond, Harllee, Harrison, Henderson, Honour, I .I<>pkin>, Hunter, Ingram, Jackson, Jefferies, Jenkins, J. El. Johnson, Keitt, Kinard, Landmm, Lewis, Lvles, McCrady, McKee, Magratb, Manning*, MauMin. Maxwell. Maves, Means, Me Saussure, Hopkins, 1 >e Treville, Hunter, 1 > 1 1 ii kin, Ingram, Dunovant, A. Q. Jackson, Ihinovant, Ii. G. M. Johnson, Easley, Keitt, Convention of 1861. 233 Kinard, Shingler, J. M. Landrum, Shingler, W. P. Lewis, Simons, Logan, Simpson, Lyles, McCrady, Smyly, Smith, Thomas Magrath, Manning, Springs, Stokes, Mauldin, Sims, Maxwell, Thompson, R. A. Mayes, Thomson, Thomas Means, Timmons, Noble, Tompkins, OlT, Parker, Wagner, Wannamaker, lYrrin, Wardlaw, P. L. Porcher, Wardlaw, F. 11. Pressley, Watts, Quattlebaum, Wier, Rainey, Whitner, Reed, Wilson, J. II. Rhett, Wilson. \Y. B. Richardson, J. P. Withers, Robinson, Woods, Rowel 1, Young. Sessions, So the motion was not agreed to. The resolution was agreed to. On motion of Mr. Orr, it was Ordered, That when the Convention adjourns, it shall be adjourned to meet on Monday next, at twelve o'clock, m. SPECIAL ORDER. On motion of Mr. Harllee, the Convention proceeded to the consideration of the communication from his Excel- lency the Governor, which had been made the special order of the day for this day, at one o'clock, p. M. Mr. Harllee offered the following resolutions, which were considered, and were agreed to : Resolved, That so much of the communication of his 284 Journal of the Excellency, tlio Covernor, with the accompanying docu- ments, as relates to the correspondence of the Executive with the authorities of the Confederate States, and the late United States, be referred to the Committee on Foreign Relations. J. Thai so much thereof with the accompanying docu- ments as relates to the Finances and Postal Arrangements, be referred to the Committee on Commercial Relations and Postal Arrangements. :'.. That so much thereof with the accompanying docu- ments as relates to the transfer of the enlisted troops, arms, ordnance and munitions of war, to the Government of the Confederate States; and so much as relates to the Coast Defences and Volunteers in the service of this State, l>c referred to a Special Committee on the Military to be appointed by the President of this Convention. 4. That the Committees be authorized and instructed to cause to be printed the documents referred to them, with discretion to omit such portions as they may deem it im- proper to make public or unnecessary to print. Mr. Orr offered the following resolution, which was referred to the Committee on the Military: licsolred, That the troops ordered by this body to be raised for the defence of the State, are recommended to the service of the Confederate States, in part or in whole, as in the opinion of the Government of the Confederate States, the interests of the Confederacy require. The President announced the following Committee on the Military: Messrs. W. AV. Ilarllee, W. P. Miles, R. De Treville, R. G. M. Dunovant, Maxcy Gregg, J. B. Kershaw, J. M. Gadbeny. Convention of 1861. 235 Mr. Orr introduced An Ordinance to ratify the Constitution of the Confed- erate States of America; and pending the consideration thereof, On motion of Mr. Orr, the Convention was adjourned at forty-five minutes past three o'clock, p. m. B. F. ARTHUR, Clerk of the Convention. MONDAY, APRIL 1, 1861. At the hour to "which the Convention was adjourned, the President took the Chair, and the proceedings were opened with prayer by the Rev. J. M. Timmons. The Clerk called the Roll, and the following Delegates answered to their names : Messrs. Adams, Allison, Appleby, Atkinson, Ayer, ' Barnwell, Barron, Barton, Beaty, Bethea, Bellinger, Bobo, Bonneau, Brabham, Brown, A. Brown, C. Burnet, Cain, Calhoun, Caldwell, Campbell, Cam, Carlisle, 11. P. Carroll, Caugbman, * Charles, Chesnut, Cheves, Clarke, Conner. Crawford, Darby, Davis, De Saussure, Duncan, Dun kin, Dunovant, R. G. M. Du Pre, Easley, Ellis, Evans, Fair, Flud, Forster, Foster, Frampton, Journal of the Furman, Middleton, W. < ladberry, Miles. ( Darlington, Moore, < leiger, Moorman, Gist, Noble. < Hover, Xowell, ( toodwin, oil ear. ( rourdin, R .1ST. Orr, Gourdin, T L. Palmer, < Ireen, Parker, < Iregg, Maxcy Perrin, Gregg, Wil liani Pope, < i risnam, Presslev, Harllee, Quattlebaum, Harrison, Uainev, I Iavne, Reed,' Henderson, Uhett, Honour, Rhodes, 1 [opkins, Richardson, J, P. Hunter, Robinson, Ilutson, Rowell, [nglis, Rutledge, Jackson, Scott, Jefferies, Seabrook, E. M. Jenkins, J< hn Sessions, Jenkins, J. E. Shingler, J. M. Johnson, Simons, Kershaw, Simpson, Kilgore, Srayly, Kinard, Smith, J. J. P. Kiusler, Smith, Thomas, Landrum, Spain, Lewis, Spratt, I j vies. Springs, Mclver, Sims, McKee, Thompson, R. A. McLeod, Thomson, Thomas Magrath, Timmons, Manigault, Tompkins, Manning, Townsend, Mauldin, Wannaniaker, Maxwell, "Wardlaw, D. L. Mayes, Watts, Means, Wier, Middleton, J. Izard Williams, Convention of 1861. 287 Wilson, I. D. Woods, Wilson, J. II. Young. Wilson, W. B. The Journal of Friday's proceedings was read. Mr. Chesnut offered the following resolution, which was considered immediately, and was agreed to : Resolved, That the President of the Convention be author- ized to extend to Hon. Louis T. Wigfall the privilege of a seat on the floor of the Convention. Mr. Dunkin, from the Committee on Commercial Rela- tions and Postal Arrangements, presented the following report, which was considered immediately, and was agreed to: The Committee on Commercial Relations and Postal Arrangements, to whom were referred the communications of the Post-mastcr-Gencral and of the Secretary of the Treasury, report, That they have examined the same, and respectfully recommend that the usual number of copies, of both docu- ments, be printed for the use of the Convention, and that five hundred extra copies of the communication of the Secretary of the Treasury be printed for distribution. The President laid before the Convention the following communication : Charleston, 1st April, 1861. To the Hon. P. F. Jamison, President of the Convention of South Carolina: Dear Sir : The Executive Board of the Carolina Art Association has invested me with authority, which I gladly exercise, to invite the members of the Convention, over which you preside, to visit the Gallery of Art, in Meeting street, whilst deliberating here for the public weal. The Secretary will take pleasure in furnishing the mem- bers with season tickets for their convenient use. It is hoped that an hour bestowed occasionally in view- 238 Journal of the ome specimens of Art, including Lentze's Illustration of Jasper and the old Palmetto Fort, may contribute an agreeable diversion to the minds of gentlemen habitually engrossed in the discussion of grave concerns of State. I have the honor to be, With great respect, Your ob't serv't, R. F. W. ALLSTON, President C. A. A. On motion of Mr. Chesnut, the invitation was accepted. < >n motion of Mr. Orr, the Convention went into SECRET SESSION. The Convention resumed the consideration of An Ordinance to ratify the Constitution of the Confeder- al. ■ States of America; And pending the consideration thereof, on motion of Mr. Orr. it was ordered, that when the Convention adjourns, it shall be adjourned to meet to-morrow, at eleven o'clock, ,\. M., On motion of Mr. Cam, the Convention was adjourned at forty-five minutes past three o'clock, P. m. B. F. ARTHUR, Clerk of the Convention. TUESDAY, APRIL 2, 18G1. At the hour to which the Convention was adjourned, the President took the Chair, and the proceedings were opened with j. raver by the Rev. T. R. English. The Clerk called the Roll, and the following Delegates answered to their names: Convention of 1861. 239 Messrs. Adams, Allison, Appleby, Atkinson, Ayer, Barnwell, Barron, Barton, Beaty, Bethea, Bellinger, Bobo, Bormcau, Brabham, Brown, A. II. Brown, C. P. Cain, Calhoun, Caldwell, Campbell, Cam, Carlisle, Carroll, Cauglnnan, Cauthen, Charles, Chesnut, Cheves, Conner, Crawford, Darby, Davant, Davis, De Saussure, De Treville, Duncan, Dunkin, Dunovant, R. G. M. Du Pre, Easley, Ellis, English, Evans, Fair, Flud, Foster, Frampton, Furman, Gad berry, Garlington, ( teiger, Gist, Glover, Goodwin, Gourdin, R. X. Gourdin, T. L. Green, Gregg, Maxcy, Gregg, William Grisham, I [ammond, Ilanekel, Harllee, Harrison, BEayne, Henderson, Honour, Hopkins, Hunter, Hutson, Inglis, Ingram, Jackson, Jeflbries, Jenkins, John Jenkins, J. E. Johnson, Kershaw, Kilgore, Kinard, Kinsler, Landrum, Logan, Lyles, McCrady, M elver, McKee, McLeod, Magrath, Manigault, Journal oe the Mauldin, Maxwell. Mayes, Ma/\.k, Means, Miles, Moore, Moorman, Lowell, O'Hear, Orr, Parker, Pressley, Quattlebaum, Rainey, Reed, Rhett, Rhodes, Richardson, F. D. Robinson', Rowell, Seabrook, E. M. Sessions. Shingler, J. M. Simons, Simp-. mi. Sin vlv. Smith, J. .1. T. Smith, Thomas Snowden, Spain, Spratt, Springs, Stokes, Sims, Thompson, R. A. Thomson, Thomas Timmons, Tompkins, Townsend, Wannamaker, Watts, Wier, Whitner, Williams, Wilson, J. H. Wilson, W. B. Withers, Woods, Young. Mr. Withers presented the Report of the Committee on Relations with the Slaveholding States of America, on an Ordinance concerning the cession of Forts, &c. ; which was ordered for consideration to-morrow, and to be printed. Mr. L. M. Aver stated that Messrs. 15. W. Lawton and W. ]\ Kinley were detained at liome hy sickness in their respective families ; and, on motion of Mr. Ayer, these gen- tlemen Were excused lor tlie reason assigned. Mr. McCrady offered the following resolution; whieh was considered immediately, and was agreed to: Resolved, That in the opinion of this Convention, no case should lie heard at the present sitting of the Court of Appeals, except with the consent of all the parties to the same. Convention of 1861. 241 On motion of Mr. McCrady, it was ordered that a copy of this resolution he sent to the Chief Justice. Mr. Simons presented the Report of the Committee on Engrossed Ordinances ; which was considered immediately, and was agreed to. On motion of Mr. Orr, the Convention went into SECRET SESSION". The Convention resumed the consideration of an Ordin- ance to ratify the Constitution of the Confederate States of America. Mr. Rhett offered the following amendment: "But this Convention deems it due to the Confederate States, expressly to declare, that in ratifying and adopting the above Constitution, they suppose that it establishes a Confederacy of Slaveholding States; and this State does not consider herself as bound to enter or continue in con- federation with any State not tolerating the institution of slavery within its limits by its fundamental law." On motion of Mr. Adams, leave of absence was granted to Mr. Hopkins, on account of indisposition. On motion of Mr. Inglis, business was suspended at forty-live minutes past three o'clock, p. m., until seven o'clock, P. M. RECESS. The President resumed the Chair. Mr. Reed moved that the amendment be ordered to lie on the tabic. Mr. Inglis rose to a question of order. The President decided the motion to lav the amendment on the table in order. Mr. Cheves appealed from the decision of the Chair; and the question being put, will the Convention sustain the decision of the Chair ? it passed in the negative : Yeas, 41 ; nays, 89. 16 '_' \ •_' JoURN \L OF THE The yeaa and aaya were demanded, and are as follows Those who voted in tin* affirmative are: Hon. I>. F. Messrs. Brown, C. P. 1 turnet, ( Sain, < lampbell, Carroll. Caughman, Davant. 1 fce Saussure, Du Pre, Evans, Kind, Glover, I lourdin, R. N. Gregg, Maxcv ! tanckel, Henderson, Jenkins, John Kershaw, KiiisItT, Jamison, President; and Mazyck, Middleton, J. Izard Middleton, W. Miles. Nowell, O'Hear, Palmer, Perrin, Rhett, Rhodes, Rutledge, Smith^vT. J. P. SnoWden, Sprat t, Stokes, Wagner, Wardlaw, F. II. Williams, Wilson, J. II. Withers. Those who voted in the Messrs. Adams, Allison, At kinson, Barnwell, Barron, Barton, Bethea, Bellinger, Bobo, ( Jalhoun, Caldwell, ( Jarn, Carlisle, ( 'autliL'li, ( lharles, Chesnnt, CIlCN'l'S, ( Jonner, Craw lord, negative are : Darby, Davis, DeTreville, 1 >nnean, Dunovant, R. G. M. Ellis, English, Forster, Foster, Frampton, ( Arlington, Geiger, Goodwin, Green, Gregg, William ( Jrisham, ! lammond, 1 larrison, Hunter, Convention of 1861. 243 E. Hutson, Inglis, Jackson, Jefteries, Jenkins, J Johnson, Kilgore, Kinard, Land rum, Lewis, Logan, Lyles, McCrady, Mclver, McKee, McLeod, Magrath. Manigault, Mauldin, Maxwell, Mayes, Moore, Moorman, Parker, Pope, Quattlebaum, Rainey, Peed, Richardson, J. P. Powell, Seabrook, E. M. Shingler, J. M. Simons, Simpson, Smyly, Smith, Thomas Spain, Springs, Thompson, R. A. Thomson, Thomas Timmons, Tompkins, Wannamaker, AVardlaw, D. L. Watte, Wler, Whitner, Wilson, I. J). Wilson, W. B. Woods, Young. So the decision of the President was not sustained. On motion of Mr. Mazyck, it was ordered that when the Convention adjourns it shall be adjourned to meet to-mor- row, at eleven o'clock, a. m. On motion of Mr. Spain, the Convention was adjourned at thirty minutes past eight o'clock, p. m. B. F. ARTHUR, Clerk of the Convention. WEDNESDAY, APRIL 3, 1861. At the hour to which the Convention was adjourned, the President took the chair, and the proceedings were opened with prayer by the Rev. B. F. Mauldin. 244 JOl KXAL OF Till: The Clerk called the Roll, and the following Delegates answered to their names: Messrs. Adams, Allison, Appleby, Atkinson, Ayer, Barnwell, Barron, Barton, Beaty, Bethea, Bellinger, Bobo, Bonneau, Brabham, Brown, A. H. Brown, C. P. Calhoun, Campbell, Cam, ( larlisle, Carroll, Caughman, Canthen, Charles, Cheves, Clarke, Conner, Crawford, Darby, Davant, Davis, De Saussure, Dunkin, Dunovant, R. G. ML Du Pre, Easley, Ellis, English, Evans, Find, Ko rater, Foster, Frampton, Furman, Garlington, Geiger, Gist, Glover, Goodwin, Gonrdin, R. N. Gourdin, T. L. Green, ( Iregg, Maxcy Gregg, William Grisnam, Hammond, Harllee, Harrison, Hayne, Henderson, Honour, I hi nter, II ut son, [nglis, Ingram, Jackson; Jefieries, Jenkins, John Jenkins, J. E. Johnson, Keitt, Kershaw, Kilgore, Kinard, Kinsler, Landrum, Logan, Lyles, MeCrady, Melver,' MeKeej MeLeod, Magrath, Manigault, Convention of 1861. 215 Manning, Mauldin, Maxwell, Mayes, Mazyck, Means, Middleton, .J. Izard Middleton, W. Miles, Moore, Moorman, Nbwell, O'Hear, Orr, Palmer, Parker, Perrm, Pope, Pressley, Quattlebanm, Rainey, Reed, Rhett, Rhodes. Robinson, Rowell, Rutledge, Scott, Sessions, Shingler, J. M. Simons, Simpson, Smvlv, Smith, J. J. P. Smith, Thomas Snowden, Spain, Spratt, Springs, Stokes, Sims, Thompson, R. A. Thomson, Thomas Timmons, Tompkins, Town send, Wannamakcr, Wardlaw, D. L. Wardlaw, F. IL Watta, Wier, Whitner, Williams, Wifcson, J. IT. Wilson, W. B. "Withers, Woods, Young. The Journal of yesterday's proceedings was read. The President laid before the Convention the following communication ; which, on motion of Mr. Pope, was or- dered to be entered on the Journal : Fort Hill, March 30, 1861. Hon. D. F. Jamison : Sir : I transmit through you, as the presiding officer of the Convention of the people of South Carolina, my Report as the Commissioner of your honorable body to the Con- vention of the people of Alabama. On my arrival at Montgomery I was received with great cordiality and kindness, as the representative of South 24<> Journal of the Carolina, by both the friends and opponents of secession; while the former were unbounded in their admiration of the gallant action of our State, the latter, although depre- cating her action, were ever courteous and kind in their allusions to her. There was, unfortunately, much diversity of sentiment when the Alabama Convention first assem- bled. The State of Alabama is divided into what is called South and North Alabama. There is but little trade or intercourse between the sections. Before the completion of Railroads leading to the Atlantic from North Alabama, the course of trade followed the current of its navigable streams to Xew Orleans. On the other hand, South Ala- bama concentrated, to a large extent, her trade at Mobile. To the north of the head-waters of navigation, in South Alabama, there intervenes a broken and rugged country, to the valley of the Tennessee. Geographically, no State is more divided, and, unfortunately, the division entered into the political complexion of the State. North Alabama was almost a unit against secession, and South Alabama nearby entirely so in its favor. This state of affairs embar- rassed the action of her Convention when it Hist assembled. For, as citizens of the same State, it was important, al- though there was a decided majority for secession, to assuage the sectional bitterness, that precipitate action might induce. Hence, several days elapsed before the pas- sage of the Ordinance of Secession. Many opposed up to that point, withdrew opposition, and a general disposition to sustain the State was manifested. My credentials were presented on the first day of the session of the Convention, and on the second, by invitation, I addressed the Convention, and brought before it the points that I had been instructed to present. I have the honor to enclose an official copy of the action of the Con- vention, giving an affirmative response to every request I had made as your Commissioner. Very respectfully, Your obedient servant, AND'W P. CALHOUN. Convention of 1861. 247 The report and resolutions accompanying the communi- cation, were ordered to lie on the table. Mr. D. L. Wardlaw, from the Committee on the Consti- tution of the State, made reports : On an Ordinance to amend the ninth Article of the Con- stitution of the State of South Carolina ; On an Ordinance further to amend the fourth section of the first Article of the Constitution of this State ; On an Ordinance declaratory of the true construction of an Ordinance concerning citizenship; which were severalty ordered for consideration to-morrow, and to be printed. Mr. D. L. Wardlaw, from the Committee on the Consti- tution of the State, to whom had been referred an Ordi- nance to repeal sundry Ordinances done by the people of the State 1 of Somli Carolina in Convention : also, an Ordi- nance to amend an Ordinance, entitled an Ordinance to alter the Constitution of the State of South Carolina, by striking out certain words in sundry places ; also, ^resolu- tion to inquire and ascertain what changes should he made in the Constitution to adapt it to our present condition, made a report, and reported an Ordinance concerning the repeal of sundry Ordinances, and various changes in the Constitution ; which was ordered for consideration to-mor- row, and to be printed. Mr. D. L. Wardlaw, from the Committee on the Consti- tution of the State, to whom, had been referred a resolution concerning alterations of the Constitution, made a report, and reported an Ordinance to alter the tenth section of the first Article of the Constitution of the State of South Car- olina, and the amendment thereof, ratified the 28th January, 1861* also, to alter the tenth section of the amendments, ratified the 17th day of December, 1808, and likewise the second clause of the eleventh Article of the Constitution aforesaid ; which was ordered for consideration to-morrow, and to be printed. Mr. Miles presented the Report of the Committee on Foreign Relations, on the Report of the Secretary of State, 2 18 JOURNAL OF TBI and the accompanying documents; which was ordered for consideration to-morrow. Mr. Banckel offered the following resolution, which was considered immediately, and was agreed to: I: lolved, Thai the thanks of thia Convention are nereby respectfully tendered to Gen. Beauregard, and to the offi- cers acting under him, for the very delightful and highly interesting visit to the Fortifications in Charleston harbor, on Saturday last, afforded to this Convention by their courtesy. On motion of Mr. Rhett, the Convention went into SECRET SESSION. The Journal of yesterday's secret proceedings was read. Mi-. Mazyck offered the following resolution, which was considered immediately, and was agreed to: Resolved, That the Committee on Engrossing be instruct- ed to inquire and report what resolutions and orders of the Convention passed in secret session, and how much and what portions of the secret journal may now he made pub- lic without impropriety. Mr. [nglis offered the following resolution, which was considered immediately, and was agreed to: Resolved, That when the Convention shall have disposed of all propositions which shall be introduced, for demand- ing a Convention to consider amendments to the Constitu- tion, or otherwise suggesting such amendments, or defining the conditions upon which the Constitution would bo rati- fied, or the sense in which it is ratified, any member who desires so to do, may change his vote on the ratification of the ( Sonstitution. The Convention resumed the consideration of an Ordi- nanee to ratify the Constitution of the Confederate States Convention of 1861. 249 of America ; and the question being put, will the Conven- tion agree thereto ? it passed in the affirmative : Yeas, 138 ; nays, 21. The yeas and nays were demanded, and are as follows: Those who voted in the affirmative are : Hon. D. F Messrs. Allison, Appleby, Atkinson, Aver, Barnwell, Barron, Barton, Beaty, Bethea, Bellinger, Bobo, Brabham, Brown, A. II. Burnet, Cain, Calhoun, Campbell, ( 'arn, Carlisle, Carroll, Caughman, Cauthen, Charles, Chesnut, Cheves, Clarke, Conner, Crawford, Darbv, Davis, De Saussure, De Treville, Duncan, Dun kin, Dunovant, R. G. M Du Pre, Jamison, President; and Ellis, English, Evans, Fair, Foster. Frampton, Eurinan, Gadberry, < rarlington, Geiger, (list. Glover, Goodwin, Gourdin, R. 1ST. Gourdin, T. L. Green, Gregg, William < rrisnam, Hammond, Hanekel, Harllee, Harrison, Hayne. Henderson, Honour, Hunter, Inglis, Ingram, Jackson, Jefieries, Jenkins, J. E. Johnson, Keitt, Kershaw, Kilgore, Kinard, Landrum, Jot i:\ai. OB Till". I., wis. Rowell, Logan, Scott, L; Seabrook, E. M. \l.-( Jrady, Sessions, McKee, Shingler, J. M. McLeod, Simons, Magrath, Simpson, Manning, Smyly, Mauldin, Smith, J. J. P. Maxwell, Smith, Thomas Mayes, Springs, Means. Stokes. Miles. Sims. Moore, Thompson, R. A. Moorman, Thomson, Thomas Noble, Timmons, O'Hear, Tompkins, Orr, Townsend, rainier. Wagner, Parker, Wannamaker, Perrin, Wardlaw, D. L. Pope, Wardlaw, F. 11. Porcher, Watts. Pressley, Wier, Quattlebaum, Whitncr, • Rainey, Wilson, I. 1>. Reed, Wilson, J. II. Rhett, Wilson, AW B. Rhodes, Withers, Richardson, F. D. Woods. Richardson, J. P. Young. Robinson, Those who voted in the negative are: Messrs. Adams, Manigault, Brown, C. P. Mazvek, Caldwell, Middleton, J. Izard Davant, Middleton, Williams Find, Nowell, Forster, Rutledge, Gregg, Maxcy Snowden, llntson, Spain, Jenkins, John Spratt, Kinsler, Williams. Mclver, Convention of 1861. 251 So the Ordinance was agreed to. On motion of Mr. Pope, it was ordered that when the Convention adjourns, it shall be adjourned to meet to-mor- row, at eleven o'clock, a. m. On motion of Mr. Pope, the Convention was adjourned at five minutes past three o'clock, v. M. 13. F. ARTHUR, Clerk of the Convention. THURSDAY, APRIL 4, 1861. At the hour to which the Convention was adjourned, the President took the chair, and the proceedings were opened with prayer by the Rev. Daniel Du Pre. The Clerk called the Roll, and the following Delegates answered to their names: Messrs. Adams, Allison, Appleby, Atkinson, Aver, Barnwell, Barron, Barton, Peaty, Bethea, Bellinger, Brabham, Brown, A. H. Brown, C. P. Cain, Calhoun, Caldwell, Campbell, Cam, Carlisle, Carroll, Caughman, Chesnnt, Cheves, Clarke, Conner, Crawford, Darby, Davant, Davis, De Saussure, Duncan, Dunkin, Dunovant, R. G. M. Du Pre, Easley, Ellis, English, Evans, Fair, Find, Forster, Foster, Frampton, J01 RNAL OF THE Furman, < ladberry, ( Darlington, < leiger, Gist, ( Jlover, ( foodwin, < tourdin, R. N. Gourdin, T. L. ( Ireen, Gregg, Maxcy Gregg, William < Irisnam, I [ammond, Hanckel, Harrison, I hlVllr. I [enderson, Honour, Hunter, I [utson, Inglis, [ngram, Jackson, Jefferies, Jenkins, J. E. Johnson, Keitt, Kershaw, Kilgore, Kinartl, Kinsler, Landrum, Lewis, Logan, I j vies, McCrady, Mclver, McKee, Manning, Mauldin, Maxwell, Mayes, Mazyck, Means. Middloton, J. Izard Middleton, W. Mi Irs. Moore, Moorman, Noble, Xowell, O'Hear, Orr, Palmer, 1 'arker, Perrin, Pressley, Quattlebaum, Rainey, Reed, Rhett, Rhodes, Richardson, J. P. Robinson, Rowell, Scott, Sessions, Shingler, J. M. Simons, Simpson, Smyly, Smith, Snowden, Spain, Spratt, Springs, Stokes, Sims, Thompson, R. A. Thomson, Thomas Timnions, Tompkins, Townsend, Wannamaker, Wardlaw, 1). L. Watts, Wier, \\ Tiitner, Williams, Convention of 1361. 253 Wilson, I. D. Withers, Wilson, J. H. Woods, •Wilson, W. B. Young. The Journal of yesterday's proceedings was read. Mr. Adams offered the following resolution, which was ordered to lie on tlie table: Resolved, That this Convention do adjourn sine die, to- morrow, April 5th, at four o'clock, p. M. GENERAL ORDERS. On motion of Mr. Miles, the Report of the Committee on Foreign Relations, in relation to the Report of the Sec- retary of State, was considered and was agreed to. The general orders were suspended, and Mr. Mazyck offered the following resolution, which was referred to the Committee on the Military: Resolved, That the Governor he and he is hereby author- ized to commission the officers of any Volunteer company which may he formed in any of the districts adjacent to the sea-coast, for local service, provided that no such commis- sion shall he issued without the written consent and appro- bation of the commanding officers of the Regiment, Bat- talion and Company, respectively, within the limits of which such Volunteer company shall have been formed; and provided, also, that such commissions shall not continue longer than days after the close* of the next regular session of the legislature. On motion of Mr. Spain, leave ot absence was granted to Mr. Green, on account of indisposition. GEKERAL ORDERS. An Ordinance to amend an Ordinance concerning citi- zenship was agreed to, and was ordered to he signed by the President and the Clerk. 254 Journal of tih: An Ordinance to repeal Bundry Ordinances, and to alter the fourth Article and sundry sections of the Constitution, was taken up. Mi-. Butson offered the following amendment, which was not agreed to : Provided, that no one not born a citizen of this State shall vote in any election, unless he shall at some time pre- viously have taken the oath of allegiance to this State; excepting, however, such persons as are now citizens of this State. The Ordinance was agreed to, and was ordered to be signed by the President and the Clerk. An Ordinance to alter the tenth section of the first Article of the Constitution of the State of South Carolina, and the amendment thereof, ratified the 28th of January, 1861 ; also, to alter the tenth section of the amendments ratified on the 17th day of December, 1808 and likewise the second clause of the eleventh Article of the Constitution aforesaid; was considered, and was agreed to, and was ordered to be signed by the President and the Clerk. The Report of the Committee on the Constitution of the State on an Ordinance to amend the ninth Article of the Constitution of the State of South Carolina; and The Report of the same Committee on an Ordinance fur- ther to amend the fourth section of the first Article of the Constitution of this State, were considered, and were agreed to. The Genera] Orders were suspended, and Mr. J). L. Wardlaw offered the following resolution, which was con- sidered immediately, and was agreed to: Resolved, That the Constitution of the State shall be engrossed, omitting all temporary provisions, and incorpor- atingall amendments, so as to present a symmetrical whole, and that after having been read and approved by the Con- vention, it shall he ratified. Convention of 1861. 255 On motion of Mr. D. L. Wardlaw, it was ordered, that the Constitution of the State be engrossed under the super- vision of the Committee on the Constitution of the State. On motion of Mr. Harllee, the Convention went into SECRET SESSIOX. The Journal of yesterday's Secret Session was read. Mr. Harllee presented the Report of the Committee on the Military on the various matters referred to them, to- gether with certain resolutions, which was ordered for con- sideration to-morrow, and to be printed. On motion of Mr. I). L. Wardlaw, the injunction of secrecy was removed from the Report and Resolutions. Mr. Simons presented the Report of the Committee on Engrossed Ordinances on a resolution of inquiry as to the publication of tin' Resolutions and Orders, and Secret Journal of the Convention; which was ordered for consid- eration to-morrow. Mr. R. X. Gourdin offered the following resolution: Resolved, That the appointment of the Hon. Edward Frost, by his Excellency the Governor, an Executive Coun- sellor vice the lion. C. G. Memrainger, appointed Secretary of the Treasury of the Confederate States of America, is approved by this Convention, and is hereby confirmed. Mr. Adams offered the following amendment, which was agreed to : Resolved, That the Convention approve of the nomina- tion of Hon. Edward Frost, as a member of the Executive Council. On motion of Mr. D. L. "Wardlaw, an ordinance to re- peal sundry ordinances, and to alter the fourth Article, and sundry sections of the Constitution was reconsidered: and on motion of Mr. D. L. Wardlaw, the following words of the first section were stricken out: "Also, an Ordinance 2S6 Journal op the ratified <>ii the 27th day of Decemher, 1860, entitled, an Ordinance to amend the Constitution of the State of South Carolina, in respect to the Executive Department." <>n motion of Mr. I>. L. Wardlaw, this portion of the Ordinance was recommitted to the Committee on the Con- stitution of the State, and the remaining clauses of the Ordinance were agreed to: and the injunction of Becrecy removed. Mr. Ekmneau asked to record the vote he would have given, if present, on an Ordinance to ratify the Constitu- tion of the Confederate States of America; and Mr. Bon- neau being called, answered "No." Mr. [nglis offered the following resolutions, which were considered immediately : Resolved, That so soon as the Government of the Con- federate States of America, created by the Constitution which has been now ratified, shall be securely established and in peaceful operation, the State of South Carolina ought to demand that, two other States concurring, the Congress shall summon a Convention of all the States, to take into consideration the following amendments to the said Constitution, to wit: 1. To amend the second section of the first Article, by striking out from the third paragraph thereof, the follow- ing words, to wit: "which shall be determined by adding to the whole number of tree persons, including those bound to service for a term of years; - ' and the words, "three-fifths of all slaves," and inserting after the words "respective numbers," the words, "including slaves." '1. To amend the ninth section of the first Article by striking out therefrom the first paragraph of said section, and the word "also" from tin 1 second paragraph of the Bame section, and inserting in the latter paragraph after the word "State," the words, "of the present United States of America." Convention of 18G1. 3. To amend the third section of the fourth Ai'ticle, by adding to the first paragraph thereof, the words, "nor shall any State in which African slavery does not by law exist, be admitted, without the consent of all the States expressed through their respective legislatures." Mr. Mazyck offered the following amendment: Strike out all after the word "Resolved," and insert, "That the State of South Carolina, in pursuance of the fifth Article of the Constitution of the Confederate States of America, does hereby demand that the Congress of the Confederate States to be assembled under the provisions of the said Constitution, shall summon a Convention of all the States of the Confederacy to take into consideration the following amendments to the said Constitution, to wit:" Mr. A. II. Brown moved that the amendment be ordered to lie on the table; and the question being put, will the Convention agree thereto? it passed in the affirmative. Yeas, 101; nays, 44. The 3'eas and nays were demanded, and are as follows: Those who voted in the affirmative arc : Messrs. Allison, Appleby, Barnwell, Barron, Barton, Beaty, Bethea, Bobo, Brabham^ Brown, A. II. Calhoun, Carlisle, Carroll, Caughman, Cauthen, Charles, Ches*nut, 17 Cheves, Conner, Crawford, Darby, ])e Saussure, DeTreville, Kershaw, Kinard, Land rum, Lewis, Lyles. MeCrady, McKee, McLeod, Magrath, Manning, Mauldin, Zt>l Journal of the Duncan, Farkcr, Dunkin, Perrin, DuPre, Kaslev, Pope, Porcher, Ellis, Quattlebaum, English, Evans, Rainev, Reed," Foster, Richardson, J. P. Frampton, Robinson, Funnan, Rowel 1, Gartington, Seabrook, E. M. Glover, Sessions. Goodwin, Sliingler, J. M. Gourdin, R. N". Simons, Gourdin, T. L. Simpson, Grisham, Smyly, Hammond, Smith, Thomas Hanckel, Harllee, Springs, Stokes, Harrison, Sims, Hayne, Hunter, Thompson, R. A. Thomson, Thomas Inglis, Townsend, [ngram, Wannamaker, Jackson, W'ardlaw, D. L. Jenkins, J. E. Watts, Johnson, Wier, Keitt, Whitner, Maxwell, Wilson, I. D. Mayes, Wilson, W. B. Means, Withers, Moore, Woods, Noble, Young. Orr, Those who voted in the negative are: Messrs. Adams, Clarke, Atkinson, Davant, Ayer, Bellinger, Davis, Fair, Brown, C..P. Find, Cain, Forster, Caldwell, Gist, Campbell, Hutson, ( 'am, Jefieries, ' Convention of 1861. 259 Jenkins, John Rhodes, Kilgore, Richardson, F. D. Kinsler, Rutledge, Mclver, Scott, Manigault, Smith, J. J. P. Mazyck, Snowden, Middleton, J. Izard Spain, Middleton, W. Spratt, Miles, Timmoii8, Moorman, Wagner, Nowell, Wardlaw, F. II. O'llear, Williams, Palmer, Wilson, J. H. Mr. Orr moved that the resolutions offered by Mr. Inglis be ordered to lie on the table ; and the question being put, will the Convention agree thereto ? it passed in the neg- ative : Yeas, 27 ; nays, 118. The yeas and nays were demanded, and are as follows: Those who voted in the affirmative are: Messrs. Allison, Mayes, Barron, Means, Charles, Orr, Chesnut, Perrin, Duncan, Pope, Evans, Rainey, Foster, Reed, Goodwin, Sniyly, Ilarllee, Thompson, R. A. Harrison, Thomson, Thomas Hayne, ' Wardlaw, D. L. Johnson, Whitner, Manning, Wilson, I. D. Mauldiu, Those who voted in the negative are : Messrs. Adams, Beaty, Appleby, Bethea, Atkinson, Bellinger, Ayer, Bobo, Barnwell, Brabham, Barton, Brown, A. H. 260 JoruN.u. of Tin: Brown, C. P. ( Jain, Calhoun, Caldwell, < 'amphell, Cam, ( 'arlisle, ( Jarroll, Caughman, Cauthen, CheVCS, Clarke, ( 'niiiier, Crawford, Darby Davantj I>avis, De Saussure, De Treville, hunkin, "Du Pre, Easley, Ellis/ English, Fair, Find, Foreter, Franipton, Furraan, Garlington, Geiger, Gist, Clover, Gourdin, R. N. Gourdin, T. L. ( Jrisham, Hammond, Hanekel, Hunter, llutson, Inglis, Ingram, Jackson, J cileries, Jenkins, John Jenkins. J. E. Keitt, Kershaw, Kilgore, Kinard, Kin sler, Lac drum, Lewis, Lyles, Mc< 'rady, Mclver, Mdvee, McLeod, Manigault, Maxwell, Mazyck, MiddLeton, J. Izard Middletbn, \V. Miles, Moore, Moorman, Noble, No well, O'Hear, Palmer, Parker, Pore her, Quattlebaum, Rhodes, Richardson, F. T). Richardson, J. P. Robinson, Rowell; Rut ledge, Scott, Seabrook, E. M. Sessions, Shingler, J. M. Simons, Simpson, Smith, J. J. P. Smith, Thomas Snowdcn, Spain, Spratt, Convention of 1861. 261 Springs, Watts, Stokes, , Wier, Sims, Williams, Timmons, Wilson,. J. H- Townsend, Wilson, W. B Wagner, Withers, Wannamaker, Woods, Wardlaw, F. IT. Young. The preamble and the first section were agreed to. Mr. Withers proposed the following amendment: Insert in lieu of the latter member of the proposition as to the ninth section, the following, to wit: To substitute in lieu of the second paragraph of the said section, the following: "Congress shall have power to prohibit the importation or introduction of slaves from any region, not a State or Territory of this Confederacy." Mr. D. L. Wardlaw offered the following : "That the first and second clauses of the ninth section of the first Article, be altered to read as follows: 'Congress shall have power to prohibit the importation or introduc- tion of slaves from any region not a State or Territory of this Confederacy.' " The amendment was agreed to. Mr. John Izard Middletou offered the following amend- ment, which was not agreed to: To amend the first Article by striking out the first and second clauses of the ninth section. The third clause of the resolutions was agreed to. Mr. Ilutson offered the following amendments, which, on motion of Mr. Withers, were ordered to lie on the table: To strike out wherever they occur the words, "citizens of the Confederate States," or "citizen of the Confederate 262 Journal of tii i: States," and insert in lion thereof, ".citizens of one of the Confederate States," and "citizen of one of the Confed- erate States. To insert in the fourth clause of the eighth section of the firsl Article after the word "naturalization" these words "provided that Buch laws shall require the Foreigner to swear allegiance to that Confederate state in which he ia naturalized.' Mr. R. N. Gourdin offered the following amendment: To amend the eighth section of the first Article, by inserting after the word "but," on the seventh line, the following: ."The per eentage on imports shall be uniform, and shall not exceed fifteen per cent, ad valorem at the place of export in times of peace, and" And pending the consideration thereof, on motion of Mr. Reed, the Convention was adjourned at twenty-five minutes past four o'eloek, p. M. 15. F. ARTHUR, Clerk of the Convention. FRIDAY, APRIL 5, 18G1. At the hour to which the Convention was adjourned, the President took the chair, and the proceedings were opened with prayer by the Rev. D. C. Appleby. The Clerk called the Roll, and the following Delegates answered to their names : Messrs. Adams, Barron, Allison, Barton, Appleby, Beaty, Atkinson, Bethea, Barnwell, Brabham, Convention of 1861. 263 Brown, A. H Brown, C. P. Buchanan, Cain, Calhoun, Caldwell, Campbell, Cam, Carlisle, Carroll, Caughman, Cauthen, Cheves, Clarke, Darby, Davant, Davis, De Saussure, Dunkin, Du Pre, Easley, Ellis, Evans, Fair, Flud, Forster, Foster, Frampton, Furman, Garlington, Geiger, Glover, Goodwin, Gourdin, R. N". Gourdin, T. L. Gregg, Maxey Gregg, AVilliani Grisham, Harllee, Harrison, Hayne, Henderson, Honour, Hunter, Hutson, Inglis, Jackson, Jefferies, Jenkins, J. E. Johnson, Kershaw. Kilgore, Kinard, L an drum, Lewis, Lyles, Mclver, MeKee, McLeod, Manigault, Mauldin, Maxwell. Mayes, Mazyck, Means, Middleton, J. Izard Middleton, ^y. Moore, .No well, O'Hear, Orr, Palmer, Parker, Perrin, Porcher, Quattlebaum, Rainey, Reed, Rhett, Rhodes, Richardson, J. P. Rowell, Scott, Sessions, Shinsjler, J. M. Shingler, W. P. Simons, Simpson, Smvlv, Smith, J. J. P. 264 Journal of the Smith, Thomas Wannamaker, Bnowden, Wardlaw, D. L. Spain, Watts, Spratt, Wier, Springs, Williams, Stokes, Wilson, I. I>. Sims, Wilson, J. II. Thomson, Thomas Wilson, W. B. Timmons, Withers, Tompkins, Woods, Townsend, Young. Tlie Journal of yesterday's proceedings was read. On motion of Mr. Bellinger, leave of absence was granted to Mr. Cam, on account of professional business. ^Ir. D. L. Wardlaw presented the Report of the Com- mittee on the Constitution, upon reconsideration after re- commitment to them, of an Ordinance to amend the Con- stitution of the State of South Carolina, in respect to the Executive Department; which was ordered for considera- tion to-morrow, and to be printed. Mr. Ad;im< offered the following resolution ; which was ordered for consideration to-morrow : "Resolved) That the Convention adjourn this day, at six o'clock, P. M., to he convened on the call of the President, if lie should deem it at anytime before the first Monday of December necessary to do so; and should no such call be made before that time, the Convention then to stand ad- journed sine die. Mr. Thomas Thomson presented the Report of the Com- mittee on Accounts, on the accounts of 1*. Brady and others; which was considered immediately, and was agreed to. On motion of Mr. Simons, the Convention went into SECRET SESSION. The Journal of yesterday's secret session was read. Mr. Khett asked leave to record the vote he would have given, if present, on a motion to lay on the table, certain Convention of 1861. 265 resolutions, offered by Mr. Inglis, suggesting amendments to the Constitution, and Mr. Rhett, being called, answered "No." Mr. Manigault presented the account of the "Horry Des- patch" for advertising, which was referred to the Committee on Accounts. Mr. Rhett offered the following resolution, which was referred to the Engrossing Committee: Resolved, That the injunction of secrecy be removed from the proceedings and debates of this Convention on the Con- stitution of the Confederate States of America, and the Journal of this Convention of its proceedings thereon, shall be published under the supervision of the President of this Convention, so soon as the injunction of Becrecy shall be removed from the proceedings and debates of the Conven- tion of the States assembled at Montgomery, which formed said Constitution. On motion of Mr. Simons it was Ordered, That the " Ordinance to ratify the Constitution of the Confederate States of America." be referred to the Committee on Engrossed Ordinances, and be ratified by the signature of the President, and attested by the Clerk of the Convention, under the great seal of the State. The Convention resumed the consideration of the resolu- tions (by Mr. Inglis) suggesting amendments to the Consti- tution of the Confederate States; and the following amend- ment thereto, offered by Mr. R. X. Gourdin : To amend the eighth section of the first Article by insert- ing after the word " but," on the seventh line, the follow- ing : "The duty imposed on all articles taxed, shall be uni- form, and shall not, in time of peace, exceed fifteen per cent, ad valorem, at the place of export." Mr. Mazyck offered the following amendment: To amend the ninth section by altering the sixth clause thereof, so as to read as follows : " No tax or duty shall be laid on articles exported from any State ; nor shall any J01 RNAL "V Till- (lnt\- on imports aleeed one-tenth of the value of the article on which it is laid.** Mr. Adams moved that the amendments be ordered to lie on the table ; and the question being put, will the Con- vention agree thereto? it passed in the affirmative. Yeas, 85 : nays, ;V2. The yeas and nays were demanded, and are as follows > Those who voted in the affirmative are : Hon. D. F. Jamison, President; and Messrs. Adams. Allison. Appleby, Atkinson. Barnwell, Barron, Barton, Beaty, Bobo, Brown, A. H. Buchanan*, Cam. Carlisle, Carroll. ( 'ailthen, ( iheves, ( Jonner, Crawford, I >arby, I teSaussure, 1 )c Treville, Duncan, Dunkiu, DUnovant, R. G. M. Easley, Ellis, English, Evans, Pair, Foster, Frampton, < Darlington, ( Iciger, Gist, ( l-oodwin, Gonrdin, T. L. Gregg, William Grisham, Eammond, Earllee, 1 lononr, I Innter, Inglis, Jackson, Jefi'eries, Johnson. Kershaw, Cilgore, Kinard, Landrum, Lewis, Mclver, Manning, Mauldin, Maxwell, Mayes, Means, Noble, Xowell, Ollear, Parker, Perrin, Rainey, Reed, Convention of 1861. 267 Robinson, Howell, Shingler, J. M. Shingler, W. P. Simpson, Smith, Thomas Springs, Stokes, Sims, Thompson, R. A. Thomson, Thomas Tompkins, Wardlaw, D. L. Watts, Wier, Whitner, Wilson, I. D. Wilson, W. B. Withers, Young. Those who voted in the negative are Messrs. Aver, Bellinger, Brabham, Brown, C. P. Cain, Calhoun, Caldwell, Campbell, Clarke, Davantj Du Pre, Find, Furman, G-lover, Gourdin, R. K Gregg, Maxey Hanckel, Harrison, Hayne, Henderson, llutson, Jenkins, John Jenkins, J. E. Keitt, Kinsler, McCrady, McLeod, Mantgault, Mazyck, Middleton, J. Izard Middleton, W. Miles, Moore, Moorman, Orr, Palmer, Quattlebaiim, Rhett, Rhodes, Richardson, J. P. Scott, Seabrook, E. M. Sessions, Simons, Smith, J. J. P. Snowden, Spain, Spratt, Townsend, Wannamaker, Williams, Wilson, J. II. Mr. John I. Middleton offered the following amendment : To amend the tenth section of the first Article by striking out from the third clause thereof, after the word "State," the words " keep troops or ships of war in time of peace," so that the clause may read : 268 .l"l!;N \\. OF THE :'.. v. State Bhall, without the consent of Congress, lay any duty on tonnage, except on sea-going vessel^ for tlie improvement of its rivers and harbors navigated by the said a : but such duties shall not conflicl with any treaties nl* the Confederate states with foreign nations, ami any sur- plus revenue thus derived shall, after making such improve- ments, be paid into the common treasury, nor shall any State enter into any compact or agreement with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay : hut when any river divides or flows through two or more States, they may enter into compacts \vith each other to improve the navigation thereof. Mr. Miles moved that the amendment he ordered to lie on the table, and the question heing put, will the Conven- tion agree thereto? it passed in the affirmative. Yeas, 124 ; nays, 15. The yeas and nays were demanded, and are as follows: Those who voted in the affirmative are: lion. 1>. P.Jamison, President ; and Messrs. Adams, Caughman, Allison, Cauthen, Applehy, (. neves, Atkinson, Conner, Aver, Crawford, Barnwell, Darby, Barron, Davis, Barton, !>•' Saussure, Beaty, DeTreville, Bellinger, Duncan, Bobo, Dunkin, Brabham, Dunovant, R. G. M. l>rown, A. II. Du Pre, Buchanan, Easley, Calhoun, Ellis, Caldwell, English, Campbell, Evans, Cam, Fair, Carlisle, Find, Carroll, Foster, Convention of 1861. l^:* Frarapton, Furman, Garlington, Geiger, Gist, Glover, Goodwin, Gourdin, H. X. Gourdin, T. L. Gregg, William Hammond, llarllee, Harrison, Hayne, Honour, Hunter, Inglis, Jackson, Jefferies, Jenkins, J. E. Johnson, Keitt, Kershaw, Kilgore, Kinard, Land rum, Lewis, McCrady, Mclver, M eKee, MeLeod, Magrath, Manigault, Manning, Mauldin, Maxwell, Mayes, Means, Miles. Moore, Moorman, Noble, Nbwell, O'Hear, Orr, Palmer, Parker, Perrin, Quattlebaum, Rainey, Reed/ lihett, Rhodes, Robinson, Rowell, Scott, Beabrook, E. M. Sessions. Shingler, J. M. Shingler, W. P. Simon-. Simpson, Smith, Thomas Snowden, Spain, Springs, Stokes, Sims, Thompson, R. A. Thomson, Thomas Timmons, Tompkins. Townsend, Wannamaker, Ward law, I). L. Wardlaw, F. II. Watts, Wier, Whitner, Wilson, I. D. Wilson, W. B. Withers, Young. 270 Journal of the Those who voted in the negative are: Messrs. Brown, C. P. Midclleton, J. Izard Clarke Middleton, W. Davant, Richardson, F. D. Forster, Smith, J. J. P. Eutson, Spratt, Jenkins, John Williams, Kinsler, Wilson, J. II. Ma/.V'-k, Mr. Mazyck offered the following amendments : To amend the ninth section by adding the following clauses, viz : 1. All taxes, other than duties and excises and imposts upon the sale or letting of commodities, or the performance of service for hire, shall he deemed direct taxes. 2. The power of Congress to regulate commerce shall not be understood to authorize the prohibition or suppres- sion of any branch of commerce. To amend the tenth section of the first Article, by adding thereto the following clause, viz: " Nothing in this Constitution shall be understood to take away <>r a I nidge the power of the several States to pro- hibit the importation or introduction of such persons or things as they may respectively think proper to exclude." Mr. Withers moved that the amendments be ordered to lie an the table ; and the question being put, will the Con- vention agree thereto? it passed in the affirmative. Yeas, 115 ; nays, 2<>. The yeas and naye were demanded, and are as follows: Those who voted in the affirmative are : lion. 1). F. Jamison, President ; and Messrs. Adams, Barron, Allison, Barton, Appleby, JJeatv, Atkinson, liethea, Aver, Bellinger, Barnwell, Bobo, Convention of 1861. 271 Brabham, Brown, A. H. Calhoun, Campbell, Carlisle, Carroll, Caughman, Cauthen, Chesnut, Cheves, Clarke, Conner, Crawford, Darby, Davis, De Treville, Duncan, Dnnkin, DuPre, Easley, Ellis, English, Evans, Fair, Foster, Ffampton, Furman, Garlington, Geiger, Gist, Glover, Gourdin, R. N". Gourdin, T. L. Gregg, William Hammond, Hanckel, Harllee, Harrison, Hay no. Honour, Hunter, Hutson, Inglis, Ingram, Jackson, Jefieries, Jenkins, J. E. Johnson. Keitt, Kershaw, Kilgore, Kinard, L an drum, McCrady, Mclvee, MoLeod, Magrath, Manning, Mauldin, Maxwell, Mayes, Moans, Moore, Moorman, Noble, Nbwell, OTIear, Orr, Palmer, Parker, Porcher, Quattlebaum, Rainey, Reed," Rhodes. Robinson, Rowell, Scott. Sessions. Shingler, J. M. Shingler, W. P. Simons, Simpson, Smith, Thomas Springs. Stokes, Sims, Thompson, R. A. Thomson, Thomas Tinimons, 272 Journal 01 bhi Tompkins, Whitner, Townsend, Wilson, [« 1>. Wannamaker, Wilson, J. II. Wardlaw, W. II. Wilson, W. B. Watts, Withers, Wier. Young. Those who voted in the negative are : Messrs.Brown, C. P. Mazyck, Buchanan, Middleton, J. Izard Cain, Middleton, W. Caldwell, Miles, Davant, Richardson, F. D. Find, Smith, J.J. P. Gregg, Maxcy Snowden, Jenkins, John Spain, Kinsler, Hpratt, Manigault, Williams. Mr. Orr offered the following amendment, which was agreed to : Si like out the second clause of the eighth section of the firsl A.rticle, and insert : "The Congress shall not contract any debt, except for war purposes, and all expenditures in excess of revenues from imports, which shall not exceed fifteen per cent, ad valorem, and other services, shall he met by direct taxation, to hi' provided for by the Congress authorizing the expen- diture." Mr..!. Izard M iddlelon offered the following amendment: To amend the sixth elause of the sixth A rticle, by adding at the close thereof the following words: "And all the powers hereinbefore delegated to the Confederate States, may, at any time, be resumed by any one of them," so that the clause may read : G. The [towers not delegated to the Confederate States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively^ or to the people thereof. Convention of 1861. 273 And all the powers hereinbefore delegated to the Confede- rate States, may, at any time, be resumed by any one of them. Mr. Reed moved that the amendment be ordered to lie on the table, and the question being put, will the Conven- tion agree thereto? it passed in the affirmative. Yeas, 114; nays, 12. The yeas and nays were demanded and are as follows: Those who voted in the affirmative are: lion. D. F. Messrs. Adams, Allison, Barnwell, Barron, Barton, Beaty, Bethea, Bellinger, Bobo, Brabham, Brown, A. II. Brown, C. P. Cain, Calhoun, Carlisle, Carroll, Caughman, Cauthen, Conner, Crawford, Darby, Davant, De Saussure, ])e Treville, Dnnkin, Du Pre, Easlev, Ellis," English, Evans, Fair, 18 Jamison, President; and Flud, Foster, Frampton, Furman, Garlington, Geiger, Gist, Glover, Gourdin, R. N. Gregg, William Hammond, Hanckel, Ilarllee, Harrison, Hajne, Hunter, Hutson, Inglis, Ingram, Jackson, Jefferies, Jenkins, J. E. Johnson, Keitt, Kershaw, Kilgore, Kinard, Landrum, Lewis, McCrady, Mclver, 274 Journal of ttie MrK Scott. McLeod, Sessions, Magrath, Shingler, J. M. Manigault, Simons, • Mauldin, Simpson, Maxwell, Smith, Thomas M nvcs, Snowden, Means, Spain, Miles, Springs, Moore, Stokes, Noble, Sims, Nowellj Thompson, ft. A. Oil ear, Thompson, Thomas On-. Timmons, Parker, Tompkins, Perrin, Townsend, Pope, Wagner, Porcher, Wardlaw, D. L. Quattlebaum, Wardlaw, F, II. IJainey, Watts, Reed, Wier, Rhodes, Williams, Richardson, F. D. Withers, Richardson, J. P. Woods, Robinson, Young. Rowel 1, Those who voted in the negative arc : Messrs. Buchanan, Manning, Caldwell, Gregg, Maxcy 1 [enderson, Jenkins, John Kinsler, Middleton, J. Izard Moorman, Palmer, Smith, J. J. P. Wilson, J. II. The question being put, will the Convention agree to the resolutions? it passed in the affirmative : Yeas, 117 ; nays, 15. The yeas and nays were demanded, and are as follows: Those who voted in the affirmative are: Hon. D. F. Jamison, President; and Messrs. Adams, Barnwell, Allison, Barron, Atkinson, Barton, Convention of 1861. 275 Beaty, Bethea, Bellinger, Brabham, Brown, A. H. Brown, C. P. Buchanan, Cain, Calhoun, Caldwell, Carroll, Caughman, Can then, Clarke, Conner, Darby, Davant, De Sanssure, De Treville, Duncan, Dunkin, DuPre, Ellis, English, Evans, Fair, Find, Frampton, Eurman, Garlington, Geiger, Gist, Glover, Gourdin, R. N. Gregg, Maxcy Gregg, William Hammond, Ilanckel, Hayne, Henderson, Honour, Hunter, Hutson, Inglis, Ingram, Jackson, Jeffries, Jenkins, John Jenkins, J. E. Keitt, Kershaw, Kilgore, Kinard, Kinsler, Landrum, Lewis, McCrady, Mclver, McKee, McLeod, Magrath, Manigault, Maxwell, Mayes, Means, Middlcton, J. Izard Middleton, W. Miles, Moore, Moorman, Noble, Now ell, O'Hcar, Palmer, Parker, Pope, Porch er, Quattlebaum, Rainey, Rhodes, Richardson, F. D. Richardson, J. P. Robinson, Row ell, Scott, Seabrook, E. M. Sessions, Shingler, J. M. Simons, Simpson, 276 Journal of tiik Smith, J. J. P. Wa-n.T. Smith, Thomas Wardlaw, I>. L. Snowden, Wardlaw, F. 1 1. Spain. Watts. Bprings, Wier. Stokes, Williams. Sims, Wilson J, II. Thompson, 11. A. Withers, Thomson, Thomas Woods, Timmons, Young. Those who voted in the negative are : Messrs. Bobo, Manning, Carlisle, Mauldin, Chesnut, Orr, Easley, Perrin, Foster, Reed, Earllee, Tompkins, Harrison, Wilson, I. D. Johnson, Mr. Inglis offered the following resolution, whieh was considered immediately, and was agreed to: Resolved, That the resolution just adopted by this Con- vention, declaring that the State of South Carolina ought hereafter to demand a Convention of all the States to con* Bider certain amendments to the Federal Constitution therein specified, he committed to the Committee on En- grossed Ordinances to be engrossed, and that an authen- ticated copy thereof he transmitted, with the Ordinance ratifying the Federal Constitution, to the Congress of the Confederate States. Mr. McCrady offered the following resolution, which was considered immediately, and was agreed to : Resolved, That a Committee of four be appointed to con- sider and report whether any, and if any, what measures ought to be adopted for the protection of suitors and par- ties to causes pending in Court, where from the employ- ment of their attorneys, solicitors or counsel in the service Convention of 1861. 277 of the State, irregularities have occurred, which by the course of pleading or practice, or by the rules of the various Courts may work injury to them, or put them at disadvant- age, or leave them at the mercy of the opposite parties, their counsel, attorneys or solicitors. Whereupon the President appointed the following gen- tlemen of the Committee : Mii motion of Mr. Ilarllec, tlie Convention proceeded to the consideration of the Report of the Committee on the Military, together with the resolutions. The first and second resolutions wen- agreed to. The third resolution was taken up. Mr. Orr offered the following amendment to the third resolution : Resolved, That it is the sense of this Convention, thai the sudden call which was gallantly answered by the First. Regiment of South Carolina Volunteers, now in the ser- vice, and the valuable services which that regiment lias rendered, give it a just claim to an honorable discharge as soon as the pressing exigency of State affairs will, in the judgment of the Governor, permit; but that if it should be the desire of the said regiment to prolong its service, then it shall On motion of Mr. I). L. Wardlaw, it was Ordered, That when the Convention adjourns, it shall be adjourned to meet to-morrow at twelve o'eloek, M. Pending the consideration of the amendment offered by Mr. Orr, On motion of Mr. Bobo, the Convention was adjourned at four o'clock, p. m. B. V\ Aimirk. < 'I, rk of the Convention. SATURDAY, APRIL 6, 1861. At the hour to which the Convention was adjourned, the President took the Chair, and the proceedings were opened with prayer by the Rev. J. C. Furman. Convention of 1861. 279 The Clerk called the Roll, answered to their names : Messrs. Allison, Appleby, Atkinson, Ayer, Barron, Barton, Beatv, Bellinger, Bobo, Brown, A. II. Brown, C. P. Buchanan, Cain, Calhoun, Caldwell, Campbell, Carlisle, Carroll, Caughman, Charles, Cheves, Clarke, Darby, Davant, De Saussure, De Treville, Duncan, Dunkin, Dunovant, R. G. M. I)u Pre, Easley, Ellis, English, Evans, Fair, Find, Foster, Furman, Gadberry, < rarlington, Geiger, Gist, and the following Delegates Glover, Gourdin, R. K Gourdin, T. L. Gregg, Maxcy Gregg, William Grisham, Hammond, Harllee, Harrison, Ilavne, Henderson, Honour, Hunter, Hutson, Inglis, Ingram, Jackson, Jenkins, John Jenkins, J. E. Johnson, Kilgore, Kinsler, Land rum, Lewis, Logan, McCrady, Mclver," M cKee, McLeod, Manigault, Mauldin, Maxwell, Mayes, Mazyck, Means, Middleton, J. Izard Miles, Moore, Moorman, Noble, Nowell, O'Hear, 280 JuniXAI, OF Tnn Orr, Spain, Palmer, Spratt, Parker. Springs, Perrin, St nkes. Porcher, Sims, Pressley, Thomson, Thomas Quattleoanir », Timmons, Reed, Townsend, Rhett, Wardlaw, D. L. Rhodes, Wardlaw, V. II. Robinson, Wannamaker, Scott, Watts, Sessions, Wier, Shingler, J. M. Whitner, Shingler, W . P. Williams, Simons, Wilson, J. II. Simpson, Wilson, W. B. Sin vlv. Withers, Smith, -I. J. P. Woods, Smith, Thomas, Young. Snowden, Mr. Quattlebaum presented the Report of the Committee on Printing, in relation to printing the journals of the Convention, &c. : which Mas ordered to lie on the table, to be taken up in connection with the Report of the Engross- ing Committee on the same subject. Mr. Rhett asked leave to give the vote he would have given, if present, on certain resolutions adopted yesterday, suggesting amendments to the Constitution of the Confed- erate States of America ; and Mr. Rhett being called, answered " aye." On motion of Mr. Ayer, leave of absence was granted to Mr. Stokes on account of indisposition. Mr. Thomas Thomson offered the following resolutions, which were considered immediately, and were agreed to: Resolved, That the President of this Convention is au- thorized and directed to issue his warrants upon the Treas- ury, in the usual form, for the payment of all sums of money allowed by the Convention. Resolved, That the Clerk, Messenger, Door-keeper and Convention of 1861. 281 Engrossing Clerks of the Convention receive, severally, as compensation for their services, during the present sitting thereof, the same rate of payment, in proportion to the time they serve, as is allowed the same officers of the House of Representatives of this State. Resolved, That the President of the Convention is au- thorized and directed to draw his warrant upon the Treas- ury for whatever sum may be reported to him by the Clerk as due for stationery, and any expenses incidental to his office, not otherwise directed to he paid by the Convention. Mr. Thomas Thomson offered the following resolution, which was considered immediately, and was agreed to: Resolved, That the sundry articles of furniture, now in St. Andrew's Hall, purchased and used by the Convention, he placed at the disposal and for the use of St. Andrew's Society. Mr. Gadberry asked leave to record the vote he would have given, if present, on certain resolutions suggesting amendments to the Constitution of the Confederate States; and Mr. Gadberry heing called, answered "aye" Mr. Logan asked to record the vote he would have given, if present, on certain resolutions suggesting amendments to the Constitution of the Confederate States of America ; and Mr. Logan being called, answered "aye." Mr. Charles asked to record the vote he would have given, if present, on certain resolutions suggesting amend- ments to the Constitution of the Confederate States of America; and Mr. Charles heing called, answered "aye." Mr. Campbell asked leave to record the vote he would have given, if present, on certain resolutions suggesting amendments to the Constitution of the Confederate States of America; and Mr. Campbell heing called, answered " aye." Mr. W. P. Shingler asked leave to record the vote he would have given, if present, on certain resolutions sug- 282 Journal of Tin: greeting amendments to the Constitution of the Confederate States of America; and Mr. Shingler being called, answered . " aye." Mr. Withers offered the following resolution, which was ordered to lie on the table : Resolved, That in case a vacancy shall arise, from any cause, in the delegation from this State to the Congress of tin.' Confederate States of America, the Governor of this State be, and he is hereby, authorized to supply such va- cancy by appointment, should he think lit. On motion of Mr. J. I. Middleton, the Convention went into SECRET SESSION. The Convention resumed the consideration of the Report of the Committee on the Military and the accompanying resolutions, together with the amendment thereto, offered by Mr. Orr. Mr. Orr withdrew his amendment. Mr. Perrin offered the following amendment, which was agreed to : Resolved, That it is the Bense of this Convention that the sudden call which was gallantly answered by the first Regi- ment of South Carolina Volunteers, now in the service, and the valuable services which that regiment has rendered, give it a just claim to an honorable discharge as soon as the pressing exigency of State affairs will, in the judgment of the Governor, permit; but that if it should be the desire of the said Regiment to prolong its service, then it shall — The resolution, as amended, was agreed to. The remaining resolutions of the series were agreed to ; and were ordered to be engrossed, and to be signed by the President and the Clerk. The Convention proceeded to the consideration of an Convention of 1861. 283 Ordinance to ratify the Provisional Constitution and Gov- ernment of the Confederate States of America; which was unanimously agreed to, and was ordered to be engrossed, and to be signed by the President and the Clerk. On motion of Mr. Spain, leave of absence was grunted to Mr. English, on account of urgent professional business of a public nature. On motion of Mr. Spain, leave of absence was granted to Mr. Mayes, on account of indisposition. <>n motion of Mr. Orr, leave of absence was granted to Mr. Lewis, on account of sickness in his family. Mr. Manigault offered the following resolution, which was considered immediately, and was agreed to : Jiesolrcd, That the Colonels of the -Regiments which have volunteered their services to the State, •-hall not be required to give bonds for the safe keeping of arms issued to their respective Regiments, and to take similar bonds from the Captains under their command. Mi-. Simons, from the Committee on Engrossed Ordi- nances, presented the following Report, which was consid- ered immediately, and was agreed to : The Committee on Engrossed Ordinances, to whom it was referred : First, to enquire and report "what resolutions and orders of the Convention, passed in secret session, and how much and what portion of the secret journal may now he made public without impropriety :" and Secondly, to consider and report upon the following res- olution, to wit : "Resolcc,/, That the injunction of secrecy be removed from the proceedings and debates of this Con- vention on the Constitution of the Confederate States of America : and that the journals of this Convention and of its proceedings thereon, shall be published under the super- vision of the President of this Convention, so soon as the injunction of secrecy shall be removed from the proceed- •_> 1 .Tof It NAT. OF THE inga and debates of the Convention of the Congress assem- bled at Montgomery, which formed said Constitution," having considered these matters, beg have to Report : That they were attended by the Clerk of the Convention^ and with him carefully and minutely perused the journals of the secret sessions of this body, from the 22d day of December, A. D. 1860, when the Convention first sat with closed doors, until the present time. They find that the injunction of secrecy has already been removed from the Ordinances and the more important resolutions which have been adopted. Your Committee cannot say that the re- moval of the injunction of secrecy from the remainder of the transactions of the Convention, and their consequent publication is either improper or incompatible with the public interests. There arc a class of resolutions, the publication of which) it was objected in the Committee, might give rise to a mis- COnceptiou of tin' real views, and a misconstruction of the true action of this body. To these the attention of the ( .invention is invited. ( )n the -JTth dav of I December of the last year, the morn- ing alter Major Anderson had, under cover of the night, dismantled and abandoned Fort Moultrie, and taken mili- tary and hostile occupation of Fort Sumter, a Delegate oflered the following resolution : " Resolved, That it is the sense of this Convention, thai the occupation of Fort Sumter ought at once to he regarded as an authorized occupation, and vigorous military defences provided immediately :" which was ordered to lie on the table; Many other resolutions to the same effect were, from lime t<> time, presented, and were also either ordered to lie on the table or rejected. To remove the injunction of secrecy, and publish to the world these and kindred res- olutions, it was suggested might lead to the idea that the ( lonvention had, by their action on them, declined to enter- tain. <>r assert, and perhaps had denied, the principles therein Convention of 1861. 285 declared, and had thus placed themselves somewhat in op- position to the views expressed in their behalf by our Com- missioners to the Government at "Washington. In this view your Committee do not concur. It is well known to the members of this body, that in truth and in fact, the Convention intended thereby to express no opinion as to the authority and character of Major Anderson's occu- pation, the same not having been then, as yet, affirmed, denied or adopted by the then Administration, and our Commissioners having, at that time, this, with other com- plicated and delicate questions, for explanation and, if pos- sible, for adjustment. The reasons thus indicated, which induced the action of the Convention, do not, it is true, appear on the face of the journal or accompany the record ; but this may be said of the proceedings in all legislative bodies, and which, therefore, at last, must, in a great meas- ure, depend upon contemporaneous history for their expla- nation and vindication. Jn reference to the publication of the debates on the sub- ject of the adoption of the Constitution of the Confederate States of America, your Committee do not perceive how the same could lie done under the authority of this body, as no official record of them was kept under its directions. They would, therefore, recommend the adoption of the fol- lowing resolutions : 1. Resolved^ That the injunction of secrecy be removed from all the transactions of this Convention in secret ses- sion, except in relation to the deflates on the Constitution of the Confederate States of America, and the matter this day directed by the Convention to he kept secret. 2. Resolved, That as soon as the injunction of secrecy shall be removed from the proceedings and debates of the Convention of Delegates, lately assembled at Montgomery, the injunction of secrecy shall likewise be removed from the debates of this Convention on the Constitution sub- mitted for the Confederate States of America. 3. Resolved, That five hundred copies of the journal, 286 Journal of tem public and secret, and of the reports, resolutions and trans- actions of this Convention be printed, and separately five hundred copies in the following order-: 1. All the Ordinances passed by the Convention, in the order of time, (except the Ordinance of Ratification;) to- gether with •J. The Bills to amend the Constitution of this State, rat- ified during the late session of the Genera] Assembly. 3. The Resolutions for engrossing the Constitution. 4. The Constitution of the State as engrossed. 5. The Constitution of the Provisional Government of the Confederate States of America. 6. The Constitution of the Confederate States of America. 7. The Ordinance ^i' Ratification. 8. Tin- Resolutions suggesting^amendments. And that the same he distributed as follows: For the Executive,, 1<> copies; for the Legislative Library of the Congress at Montgomery, 5 copies: for the Legisla- tive Library ;it Columbia, 5 copies; for the Libraries of the Court of Appeals at Columbia and Charleston, each § copies ; for the members of the Convention, and members of the < General Assembly of the State, each 1 copy ; for the Governors of the several Confederate States, each 1 copy; for the chief Justice and Associate Justices of the Court of Appeals, and for the Chancellors and Judges of the State, each 1 copy ; for the College and various public Li- braries in the State, each 1 copy: for the Attorney General, Solicitors, Secretary of State, Surveyor General and Treas- urers of the Upper and Lower Division, each 1 copy for the use of their respective offices ; and that the residue be distributed under the direction of tin' President of this Convention. . All of which is respectfully submitted. Thomas Y. Simons, Chairman. On motion of Mr. Fair, leave of absence was granted to M r. Watts, on account of important business. Convention of 1861. 287 An Ordinance, ceding the possession of the Forts, Arse- nals, &c, to the Confederate States of America, (reported by the Committee on Relations with the shareholding States of North America,) was taken up; and, on motion of Mr. Pope, was made the special order of the day for Monday next, at eleven o'clock, a. m. On motion of Mr. Bobo, leave of absence was granted to Mr. Landrum, on account of important professional busi- ness. Mr. IIa\ ne offered the following resolution, which was ordered for consideration on Monday next: JResolrcd, That the President, or in case of his death or absence from the State, any one of a Committee of three, now to be appointed by him, be authorized to call together this Convention at such time and place as may be deemed expedient, whenever the exigency of public affairs or the welfare of the State may require: Provided, that if this Convention is not called together before the first day of January, 1862, said Convention shall, on that day, stand adjourned sine die, Mr. Whitner presented the following Report, which was ordered for consideration on Monday next: The Special Committee appointed to " consider and re- port whether any, and if any, what measures ought to be adopted for the protection of suitors and parties to causes pending in Court," under circumstances enumerated in the resolution committed, have had the same under considera- tion, and respectfully report, that although great injury may result in a given case, such as seems to be contempla- ted by the resolution, from a stringent application of the rules of the various Courts in this State, yet the Committee hesitate to enlarge or restrain the discretion of those en- trusted with the administration of justice, by an attempt to direct any specific mode in which that discretion shall be exercised, even under exigencies now existing. 288 Journal <>r tiik On motion of Mr. Miles, Leave of absfence was granted to Mr. Snowden, on accounl <>t* illness on his plantation. On motion of Mr. Fair, the Convention was adjourned at forty-five minutes past tour o'clock, p. m. B. F. AITI'IICR, dirk <>/ tin < \,iu'i niton. MONDAY APRIL 8. 1861. At the hour to which the Convention was adjourned, the President took the chair, and the proceedings were opened with prayer by the Rev. Daniel Du Pre. The Clerk called the Roll, and the following Delegates answered to their names: Messrs. Allison, I'.aiTon, l>caty, Bethea, Drown, A. II. Drown, C. 1\ Buchanan, Burnet, Cain, ( !alhoun, Caldwell, Campbell, ( larlisle, ( 'aughinan, ( Jonner, Davant, Dunkin, Du Pre, Kasley, Fvans, Fair, Flud, Foster, Furman, Garlington, Geiger, Glover, (Jourdin, R. K Gourdin, T. L. ( iregg, William I [ammond, Earllee, Harrison, I lendcrson, I lutitcr, 1 hit son, Inglis, Jackson, Jefferies, Jenkins, J. E. Johnson, Kershaw, Kilgore, Kinard, Logan, McCrady, Mclver, McKee, Convention of 18(51. 289 McLeod, Mauldin, Maxwell, Mazyck, Means, Middleton, J. Izard Moore, Moorman, Nowell, O'Hear, Orr, Palmer, Parker, Perrin, Porcher, Quattlebaum, Reed, Rhodes, Robinson, Rowell, Seott, Sessions, Shingler, J. M. Shingler, W. P. Simons, Simpson, Smith, J. J. P. Smith, Thomas Spain, Spratt, Springs, Sims, Timmons, Townsend, Wier, Williams, Wilson, I. D. Wilson, J. II. Withers, Woods, Young. The Journal of yesterday's proceedings was read. The President laid before the Convention the following communication; which, on motion of Mr. Quattlebaum, was ordered to be entered on the Journal: To the Honorable, (he President, and Convention of the State of South Carolina, in Charleston assembled: Having been honored by your body with an appointment of Commissioner to the State of Texas, with instructions to lay before her Convention an Ordinance of the State of South Carolina, by which she dissolved all connection with the Federal Government of the United States, &c, I beg leave to report that, as early as practicable after I received the intelligence. [ repaired to Austin, having but meagre information of the political condition of the State, or whether I should find a Convention, authorized to control her destinies, and able to overcome the opposition of her Executive, who was known to entertain inveterate hostility to secession, and everything looking to resistance to Black I'.i Journal of thb Republican dominion in the country, and who had inter- every obstacle in his power to check the spirit, and arrest the progress of the people, in their determination to vindicate the safety and honor of the State. Bui 1 was greatly gratified, when I reached the scat of government, to find in session, both the Legislature of the . and a Large and intelligenl Convention of Delegates, acting in concert, with a spirit, wisdom and patriotism, which i hazard nothing in saying, would do honor to any State on the continent. Their Convention was the result of a spontaneous up- rising of the people, who had the intelligence to under- stand their rights, and the spirit to maintain them against every obstacle. They had in vain exhausted all the means in their power, to induce the Executive to convene tin 1 Legislature, to call a Convention hy the usual forms of law. lie not only refused, bul after they had elected Dele- to their Convention, he issued his proclamation call- iug the Legislature together, as is generally believed, to defeat the objects of the People's Convention, which in his message to the Legislature, he denounced, and utterly repudiated its authority to act. The Legislature assembled before the Convention, and with great unanimity, by one of iis fust Acts, legalized, as jar as they could do. the election of Delegates and the authority of the Convention to exercise the sovereignty and will of the people. As the Commissioner from the State of South Carolina, I was received hy that high-spirited and patriotic Conven- tion, in a manner most complimentary to our Slate, and gratifying to me, ami was allowed an early opportunity to discharge the duties of my mission. In obedience to the instructions of your honorable body, ! presented the Ordinance of Secession of our State, and other accompanying documents, and also , wtod them, in the event of their secession, to unite with lis, and other seceding Southern States, in the format', a Cont'ede* Convention of 1861. 291 racy, and with that view, to send Delegates to a Convention to be held at Montgomery. The response of the noble State of Texas, through her pa- triotic and intelligent representatives, and indeed, through the ballot box, by the people themselves, with very great unanimity, is too well known to your honorable body, and to the country, to require detailed information from me. It is most gratifying to know, that with her vast and rich domain, with resources, when developed, sufficient for empires, with millions of inhabitants, though opposed at every step, by the legally constituted head of the then Government of the State, in the person of her eccentric Executive, and exposed upon her entire western and north- ern border by three distinct classes of most unprincipled enemies, to wit: Indians, Mexicans, and Abolitionists, she has had the wisdom, and the spirit to cast from her. 6 r- ever. the shackles of an arrogant, desolating tyranny, and unite her destinies with those of the Confederate States of the South, where I trust she shall be estimated according to her worth: protected as she evidently deserves to be, and never again be united, in any union whatever, with a non-slaveholding or fanatical people. All of which is respectfully submitted. I have the honor to be, Your obedient servant, JXO. McQUEEN". April 5th, 1861. Mr. Simons presented the Report of the Committee on Engrossed Ordinances, together with certain resolutions; which was considered immediately, and was agreed to. Mr. Simons offered the following resolution; which was considered immediately, and was agreed to: Resolved, That the President of this Convention be author- ized to draw his draft on the Treasury, countersigned by the Cashier, tor the payment of the gas consumed during the session of this Convention, and also for the fees of the keeper of the St. Andrew's Hall, usual and customary. 292 Journal of the Mr. Simons offered the following resolution, which was considered immediately, and was agreed to: Resolved, That there be allowed C. D. Melton, Esq., the Solicitor in attendance on tin's Convention, the same per diem and mileage as is allowed to the members of the Convention; and that the President of this Convention be authorized bo draw his draft on the Treasury, countersigned by the Cashier, for the Bame. Mr. Thomson, from the Committee on Accounts, made the following Report which was considered immediately, and was agreed to : The Committee on Accounts, to whom was referred the account of Gilbert & Darr, for advertising, ask leave to report that they have no objection to the claim presented. As this, however, is the only claim for advertising of which payment is asked, your Committee arc of opinion that such claims, which may be numerous, may be, with propriety, referred to the Legislature; and recommend the adoption of the following resolution: Resolved, That accounts for advertising the assembling and re-assembling of the Convention, be referred to the consideration of the Legislature; and that payment, if allowed, be made according to the rules and practice of that body. Mr. Thomas Thomson offered the following resolution, which was considered immediately, and was agreed to: Resolved, That B. S. Baruc he paid, for engrossing on parchment the Constitution of this State and materials used, the sum of $168. On motion of Mr. Dunkin, the vote by which the Report of the Committee on Engrossed Ordinances, and the accom- panying resolutions, were agreed to, was reconsidered, and Convention of 1861. 293 on motion of Mr. Mclver, the Report and Resolutions were recommitted to the Committee. An Ordinance to repeal in part and alter in part the Ordinance, entitled "An Ordinance to amend the Consti- tution of the State of South Carolina, in respect to the Executive Department," was agreed to, and was ordered to be signed by the President and the Clerk. On motion of Mr. Townsend, the Convention went into secret session, and after some time passed therein, the doors were opened. On motion of Mr. A. II. Brown, the Convention pro- ceeded to the consideration of the following Resolution : Resolved, That the People of South Carolina, in Conven- tion assembled, cordially approve of the election o\' Jeffer- son Davis to the Presidency, and Alexander II. Stevens bo the Vice-Presidency of the Provisional Government of the Confederate States of America, and have entire confidence in their experience, patriotism and ability to guide the des- tinies of the new Republic. The resolution was agreed to. Mr. Pope offered the following resolution, which was considered immediately, and was agreed to: Resolved, That a copy of the resolution just passed, ex- pressing our confidence in the President and Vice-President of the Confederate States, be forwarded to each by the President of this body. The Constitution of the State of South Carolina having been engrossed, was read by the Clerk, was ratified, and was signed by the President and the Clerk. On motion of Mr. Townsend, the Convention went into SECRET SESSION. Mr. Townsend offered the following resolution: Resolved, As the opinion of this Convention, that our 294 Jul RNAL OF TJIE military posts al Morris* and Sullivan's Island ought to be immediately strengthened by large reinforcements, and t'<>;- this purpose thai the Governor be requested t<> call into the service of the State, with as little delay as possible, three thousand volunteers, or more, if deemed necessary, for the immediate protection of thia harbor. Mr. Elayne offered the following amendment: "Thai ir be referred to the Governor, upon consultation with Gen. Beauregard, to determine whether there should not be an immediate call for three thousand volunteers, or more, if deemed necessary, for the immediate protection of this harbor." Mr. Simons offered the following amendment: Resolved, Thai his Excellency the Governor be requested t«> place the military operations in and around the harbor of Charleston, under the charge and control of Brigadier- ( ten era! Beauregard, or whoever may be in command under the authority of the Confederate States; and be authorized to place at his disposal such portions of the Division of Volunteers as Gen. Beauregard, or the Confederate com- mander, may from time to time deem necessary. Mr. Chesnut offered the following amendment: Rcsol.rat, That this Convention, having lull confidence in the ability and fidelity of the constituted authorities of this State, and of the General in command of the harbor of Charleston, declines to direct or advise them in the dis- charge of their duty. Mr. Mazyck moved that the resolutions be committed to the Committee on the Military. On motion of Mr. Kershaw, the motion to commit was ordered to lie on the table. Convention of 1861. 295 On motion of Mr. Reed, the resolutions and the amend- ments were ordered to lie on the table, and Mr. Reed offered the following: Resolved, That this Convention approves of the action of the Governor, in placing the forces for the military defence of Charleston under the command of Gen. Beauregard, and that he be authorized to call into the field immediately such number of the Volunteer Regiments, raised under the Act of Assembly, as Gen. Beauregard may require for the operations under his control; the whole force to be placed under the command of Gen. Beauregard, or such other general officer as may be ordered to the same command by the authorities o\' the Confederate States of America. On motion of Mr. Withers, the consideration of the resolution was passed over for the present. SPECIAL ORDER. On motion of Mr. Withers, the Convention proceeded to the consideration of an Ordinance ceding the possession of the forts, arsenals, &c, to the Confederate States of Amer- ica ; which had been made the special order of the day for this day, at eleven o'clock, a. m. Mr. J. J. P. Smith offered the following amendment: AX ORDINANCE To transfer to the Government of the Confederate States of America the use and occupancy of the forts, arsenals, navy yards, custom houses and other public sites within the limits of this State. We, the People of South Carolina, in Convention assembled, do ordain f all forts, navy yards, arsenals, custom bouses and other public sites within the limits of this State, and their appurtenances, Lately in the —ion of the United States of America, together with Fori Sumter, and to repair, rebuild and control the same a? its discretion, until this Ordinance be repealed by a Con- tention of the People of this State. The Ordinance was agreed to, was ordered to bo on- grossed, and to be signed by the President and the Clerk. On motion of Mr. Withers, the injunction of secrecy was removed from the Ordinance, and it was Resolved, That a certified cop}- of the Ordinance to trans- fer to the Government of the Confederate States of Amer- ica the use and occupancy of the forts, arsenals, navy yards, custom houses and other public sites within the limits of this State, he sent to the President of the Confederate States of America. Mr. J. J. P. Smith moved to reconsider the vote by which the Report of the Committee on Printing, recommending the printing of the reports, resolutions and secret journal of the Convention, &c, was agreed to. On motion of Mr. Orr, the motion to reconsider was ordered to lie on the table. Mr. Orr offered the following resolution ; Resolved, That this Convention highly appreciates the patriotic conduct of Benjamin Mordecai in generously making a donation of the sum of $lo,uoo to the constituted authorities of South Carolina, to aid the State in maintain- ing its independence. Mr. Furman offered the following amendment, which was accepted by the mover of the resolution, and was agreed to : Convention of 1861. 297 Resolved, That this Convention highly appreciate the generosity and puhlic spirit of those citizens and friends of the State who have contributed money and labor for the henefit of the State ; and take pleasure in noticing partic- ularly the liberality and patriotism of Benjamin Mordecai, Esquire, in making the first and very generous donation. Mr. Ilarllee, from the Committee on the Military, made a report, and reported the following resolutions, which were considered immediately, and were agreed to : Resolved, That the Governor he and he is hereby author- ized to commission the officers of any Volunteer com- pany which may be formed in any of the districts adjacent to the sea-coast, for local service: Provided, That no such commission shall he issued without the written consent and approbation of the commanding officers of the Regiment. Battalion and Company respectively, within the limits of which such volunteer company shall have been formed : And provided, also, that such commissions shall not continue longer than ten days after the close of the next regular session of the Legislature: Provided, "/•-", that said compa- nies shall consist of not less than thirty, rank and tile, besides commissioned and non-commissioned officers. On motion of Mr. Hardee, the resolution was ordered to he engrossed, and the injunction of'secrecy removed. Mr. Inglis offered the following resolutions, which were unanimously agreed to : Resolved, That the alacrity with which the Regiment o£ Rifles, and the several Volunteer Companies of the city, the First Regiment of South Carolina Volunteers, and the Regiment and Battalion of enlisted men. and their various officers, and the several individuals in the capacity of Aid- to the Governor, Engineers and otherwise, responded to the call of the State in her hour of peril and doubtful fortunes; the patient cheerfulness with which they have submitted to the extraordinary privations incident to the suddenness of JOUBH \l- OE THK the emergency; their diligence in labors new and unusual, the degree of skill, discipline and efficiency attained in the short interval which lias succeeded, and the amount of useful service already rendered, entitle them all, both offi- cers and privates, to the hearty commendations and grati- tude of the people, and justify the State in regarding them with hones! pride. Resolved, That this Convention, on behalf of the people of tl lis State, repose entire confidence in the emineul pro- fessional skill, courage and sound judgmenl of Brigadier General 1'. G. T. Beauregard, and in the intelligent and efficient co-operation of the various members of his Staff, and other assistants, military and naval, and respectfully tender to them, and to the various forces in the service, and individuals designated, the thanks of the State for their successful efforts thus far, to protect the honor and interests Of the Stale. Reesolvd, That if Fort Sumter shall fall into the hands of our present Government, and the harbor of Charleston shall lie relieved from all hostile occupation or obstruction, although without any actual conflict of arms, such result will be not the less achieved by our forces aforesaid, and their vise and effective operations. Resolved, That the foregoing resolutions be communica- ted to General Beauregard, with a request that he extend them to the various Regiments, Battalions and separate Companies, and to his Staff and assistants, in such form and manner as he shall judge expedient. - On motion of Mr. [nglis, the injunction of secrecy was removed from the resolutions. Mr. Porcher presented the accounts of S. Brady, Webb & Sage, and Lambert & Howell; which were respectively referred to the Committee on Accounts. The Convention resumed the consideration of the reso- lution (offered by Mr. Reed) in relation to the forces for the defence of Charleston harbor. The resolution was agreed to; and, on motion of Mr, Convention of 1861. 299 Reed, a copy thereof was ordered to be sent to his Excel- lency, tlie Governor, and to General Beauregard; and the injunction of secrecy removed. On motion of Mr. Reed, it was Ordered, That when the Convention adjourns, it shall be adjourned to meet to-morrow, at eleven o'clock, A. M. On motion of Mr. Fair, leave of absence was granted to Mr. Williams on account of important business. On motion of Mr. Orr, leave of absence was granted to Mr. Whitner, on account of official duties. On motion of Mr. Hayne, the Convention proceeded to the consideration of the following resolution : » Resolved, That the President, or in case of his death or absence from the State, or in case of his inability to act, any one of a Committee of three, now to be appointed by him, he authorized to call together this Convention at such time and place as may he deemed expedient, whenever the exigency of public affairs or the welfare of the State may require : 'Provided, that if this Convention is not called together before the first day of January, 1862, it shall on that day, he dissolved. Mr. Evans offered the following amendment, which, on motion of Mr. Fair, was ordered to lie on the table: Resolred, That this Convention, to-morrow on its ad- journment, he dissolved. I Mr. Simons ottered the following amendment, which was agreed to : Resolved, That when this Convention adjourns, it shall he adjourned to meet at such time and place as the President shall appoint, who is authorized, if in his opinion, the public exigencies shall require, by notice under his hand duly published, to assemble the Convention at any time 300 Journal of the before the first day of January ensuing; and that he ap- point ;i Committee of five, a majority of whom, or the sur- - or survivor of such majority, in case of the death or disqualification of the President, shall have like autho- rity to assemble the Convention, and appoint a time and place for its meeting; and. in rase the Convention should not be so assembled before the first day of January ensu- ing, then this Convention shall be dissolved. Mr. Thomas Thomson offered the following resolution. which was considered immediately, and was agreed to: Resolved, That the same compensation be allowed the members of this Convention during its present sitting, as members of the* Legislature receive; and that the Presi- dent issue certificates or warrants therefor, in the usual form. On motion of Mr. Pope, the Convention was adjourned al thirty minutes pasl lour o'clock, p. m. B. F. ARTHUR, < 'lerk of the < bnvention. TUESDAY, APRIL 0, 1861. At the hour to which the Convention was adjourned, the President took the chair, and the proceedings were opened wifh prayer by the Rev. D. 1*. Robinson. The Clerk called the Boll, and the following Delegates answered to their names : Messrs. Allison, Bethea, Appleby, Bellinger, Atkinson, Hobo, Aver, Brown, A. II. Barron, Buchanan, Beaty, Cain, Convention of 1861. 301 Calhoun, Caldwell, Carlisle, Carroll, Caughnian, Charles, Chesnut. Cheves, Darby, Davant, De Saussure, De Treville, Duncan, Dun kin, I) n Pre, Easley, Ellis, Evans, Fai r, Kind, Foster, Furman, Garlington, Geiger, (list, (J lover, Gourdin, R. X. Gourdin, T. L. Hammond, Earllee, Harrison, Hay ne, Henderson, Honour. Hunter, Hutson, Inglis, Ingrain. Jackson, Jefferies, Jenkins, John Jenkins, J. E. Johnson, Kershaw. Kilgore, Kinard, Kinsler, McCrady, Mclver, McKee, McLeod, Magrath, . Mauldin, Maxwell, Mazyck, Means, Middleton, J. Izard Miles, Moore, Moorman, Noble, Nowell, O'Hear, Orr, Palmer, 1'arkcr, Pope, Quattlebaum, Reed, Rhodes, Richardson, J. 1'. Robinson, Rowell, Scott, Sessions, Shingler, J. M. Shingler, W. P. Simons, Simpson, Smith, J. J. P. Smith, Thomas Spratt, Springs, Sims, Thomson, Thomas Timmons, Town send. Wardlaw, I). L. Wier, Williams, 302 LNAI OF Till-: Wilson. I. !>. Wilson, J. II. Woods, Youner, The Journal of yesterday's proceedings was read. The President announced the following Committee, ap- pointed under a Resolution, to call the ( lonvention together in the event of the death or disqualification of the Presi- ded : Messrs. B. F. Dunfcin, 1). L. Wardlaw, R. W. Barnwell, R. B. Rhett, W. W. Harllee. Mr. Ayer offered the following Resolution, which Mas nol seconded, aud was. therefore, ordered to lie on the table: / oleed, Thar it be referred to the Committee on the Constitution to inquire, and if deemed expedient, to report an Ordinance to alter and amend the Constitution of this St;U''. in such manner that the number of representatives shall never exceed twenty thai any incorporated Town or City, whatever its population or wealth may be, may elect to the more numerous branch of the Legislature. Mr. Ayer offered the following resolution, which was not ided. and was, therefore, ordered to Lie on the table: '. Thai more effectually to protect and render the political rights of minorities under our republi- can system of government, the Constitution of this State should be 80 altered and amended as to confer on every r in -•lections for the Legislature the privilege of cast- ing as many ballots as his election district may be entitled to members, and the privilege of giving, if he so chooses, the whole number of bis votes for any single candidate, or of dividing them in such proportions as he may see fit to do among any less number than the whole number to be elected. Mr. Thomas Thomson presented the Report of the Com- Convention of 1861. 303 mittee on Accounts on the accounts of S. Brady, "Webb & Sage, and Lambert & Howell; which was considered imme- diately, and was agreed to. Mr. Simons presented the Report of the Committee on Engrossed Ordinances, which was considered immediately, and was agreed to. Mr. Bobo stated that he had received intelligence that Mr. William Curtis had been prevented from attending this Bession of the Convention on account of serious per- sonal injuries received; and, on motion of Mr. Bobo, Mr. Curtis was excused, for the reason assigned. On motion of Mr. John Izard Middleton, the Convention resolved itself into a Committee of the Whole, Mr. I). L. Wardlaw in the chair. Mr. John Izard Middlctou offered the following resolu- tion, which was agreed to : Resolved, unanimously, That the thanks of this Convention are due and are hereby tendered to Hon. 1>. F. Jamison for tin 1 courtesy, dignity, impartiality and ability with which he has discharged his duties as its presiding officer. On motion of Mr. Quattlebaum, the Committee rose, and the Chairman reported to the Convention the resolution adopted by the Committee. The President said : Grentkmen of Ike Convention — When first called upon, by your kindness, to preside over the gravest, the ablest, and the most courteous hodv of gentlemen with whom I have ever been associated in a political life, extending, now, to more than twenty-live years, I was greatly overcome by your confidence, for a compliment as unexpected as, I felt, it was unmerited, and now I am willing to construe this renewed expression of your kindness into a tribute to good intentions, rather than to good deeds. By your acts, during the twenty days of your first ses- sion, you have added more than one page to history which 304 Journal of the will survive: for men will love to look on the opening incidents of a revolution, conducted with a dignity, calm- . propriety, and an inflexible pursuit of right, which has few examples in pas! times. Within the brief interval of less than three months be- tween your first session and this, many striking incidents have been crowded, which might, also, become history; l>ut the doubts, fears, struggles, anxieties and hopes deferred!, and then the gradual increase of confidence from increased strength and resources, are only fully known to the fewj who acted the chief part in the trying scenes of this winter: and they, iftheycould, probably, will not write its history. This revolution, so far, has been bloodless. What a glorious consummation it would have been! What a triumph of civilization and Christianity, if the greal prin- ciples involved in this movement could have been success- fully achieved, without shedding a single drop of human blood! But now it seems to he otherwise. While I am yet speaking, a hostile fleet is said to he approaching our shores, and before the coming night closes over us, the sands of Morris' Island may be stained with the best hlood of our people. May G-od show the right! I congratulate you, gentlemen, at the close of your labors, on the adoption of a Constitution which, [ trust, will be found little less than perfect. There are, I admit, clauses and omissions which render it much less acceptable to me. but 1 am far from attaching as great importance to any written Constitutions as many appear to do. Written Con- stitutions are hut as landmarks to point out the route to be followed; and all experience of the past, most clearly de- monstrates thai a Government will he just suited to the capacities, genius and character of a people, and it will he, either \'\-^'r or despotic, as the people themselves will he found to deserve the one form or the other. Why. it may lie a. sked, is it, that the civilization of the Eastern nations of the Semitic race has been so unproductive of results beneficial to contemporaneous or subsequent times'.'' — that we hold of them no literature, no law, no principle of gov- Convention of 1861. 305 ernment or social amelioration? It is because their govern- ment was a stern despotism, which interposed an immeas- urable distance between the throne and the people ; and, it may he added, because their religion was a gloomy and degrading superstition, which bowed down to the creature instead of to the Creator. Where is the British Constitu- tion written? Not on paper, but in the traditions and memories of the dominant portion of a race who, through a thousand years of trial and suffering, vindicated their rights to a liberal Government. Where is the Constitution of the French to be found ? Not in Jacobin Clubs, nor in the romanesque reveries of Vergniaud, Madame Roland and Brissot de Warvillc . : not in the "Three Days of July," nor in the fanciful theories of Lamartinc, and in his im- practicable doctrines of "Liberty, Equality and Fraternity," but in the will of an absolute monarch, who preserves order and restrains insurrection by half a million of armed men. Where did Black Republicanism get its teachings? Not from the Constitution of the United States, but from the doctrines of a "Higher Law" and an Irrepressible Conflict. If, therefore, we arte wise, if we are virtuous, if we are true to ourselves, the Constitution, which we have adopted, will last for generations to come. If we are not, no written Constitution, however guarded, will avail us long. Permit me, now, gentlemen, at this parting moment — and we part at a moment of unconjecturable events — to offer, to each of } T ou, my best wishes for your present and future welfare ; and to repeat my profound thanks for all your confidence and kindness. On motion of Mr. Pope, the Convention went into SECRET SESSION. The Convention proceeded to the consideration of the following Resolution : Resolved) That in case a vacancy shall arise, from any cause, in the Delegation from this State to the Provisional 20 306 Journal of the Congress of the Confederate States of America, the Gover- nor of this State be, and lie is hereby authorized to supply such vacancy by appointment, should he think lit. Mr. Miles offered the following amendment, which was agreed to : Mesolved, That in case a vacancy shall arise from any cause, in the delegation from this Statu to the Provisional Congress of the Confederate States of America, and in case the Convention should not then be in session, the President of this Convention, or in case of his death or disqualifica- tion, the Committee of five who have been empowered in a certain contingency to reassemble the Convention, be authorized to till such vacancy by appointment. Mr. B.oho offered the following amendment, which was agreed to : Provided, The appointment he made of some person residing in a Congressional District not already represented in the Congress, The Resolution; as amended, was agreed to. Mi-. Simons, from the Committee on Engrossed Ordi- nances, made the following report, which was considered immediately, and was agreed to : The Committee on Engrossed Ordinances beg leave to Report, that the following Ordinances and Resolutions referred to them, have been duly engrossed and ratified by the signature of the President, ami the attestation of the Clerk of the Convention, to wit: 1. An Ordinance to ratify the Constitution of the Con- federate States of America. 2. The Resolutions, suggesting amendments thereto. 3. An Ordinance to amend " An Ordinance concerning Citizenship." 4. An Ordinance to repeal sundry Ordinances, and to Convention of 1861. 307 alter the fourth Article, and sundry sections of the Consti- tution. 5. An Ordinance to alter the tenth section of the first Article of the Constitution of the State of South Carolina, and the amendment thereof, ratified the twenty-eighth day of January, one thousand eight hundred and sixty-one : also. to alter the tenth section of the amendments ratified on the seventeenth day of Decemher, eighteen hundred and eight, and likewise the second clause of the eleventh Article of The Constitution aforesaid. 6. An Ordinance to ratify the Provisional Constitution and Government of the Confederate States of America. 7. An Ordinance to repeal in part and alter in part the Ordinance entitled l ' An Ordinance to amend the Constitu- tion of the State of South Carolina, in respect to the Execu- tive Department." 8. An Ordinance to transfer to the Government of the Confederate States of America, the use and occupancy <>t the forts, arsenals, navy-yards, custom-houses, and other public sites within the limits of this State. 9. A Resolution to provide for the transfer of arms, ord- nance, and munitions of war, by this State to the Govern- ment of the Confederate States of America. 10. A Resolution to provide for the transfer of the regu- lar enlisted troops of this State to the Government of the Confederate States. 11. Resolutions to provide for tendering a volunteer force to the Confederate States. 12. A Resolution authorizing the Governor to commis- sion officers of Volunteer Companies in certain cases. All of which is respectfully submitted. THOS. Y. SIMONS, Chairman. The Convention proceeded to the consideration of the Report of the Committee appointed to ascertain and report how much of the legislation of Congress had heen abro- Journal of Tin-: E • 1 by the secession of the State, and, on motion of Mr. -nut. the Report was ordered to lie on the table. Mr. John Jenkins stated that Mr. GL \V. Seabrook had been prevented from attending the present session of the Convention by sickness and death in bis family; and, on motion of Mr. Jenkins, Mr. Seabrook was excused for the reason assigned. On motion of Mr. DeTreville. it was ordered, that when the Convention adjourns, it shall be adjourned to meet to- morrow at 11 o'clock, a. U. The President stated that Mr. F. J. Porelier, Cashier, and Mr. 1>. H. Rutledge, Deputy Cashier, were prevented from attending the Convention b}' their military engagements ; and the President announced that Mr. T. M. llanckel is appointed Deputy Cashier of the Convention. Mr. Chesnut offered the following resolution, which was considered immediately, and was agreed to: Resolved, That this Convention having disposed of all the business before them, a Committee of three he appointed to visit the CovrnuT and the Commander of the Forces in the harbor of Charleston, and invite them to make sueh communication to the Convention as they, or either of them, may deem expedient. Whereupon, the President appointed the following gen- tlemen of the Committee : Messrs. -lame- ( Jhesnut, I. W. Hayne, Langdon Cheves. On motion of Mr. Evans, Leave of absence was granted to Mr. Harllee, on account of illness in his family. On motion of Mr. D. L. "Ward law, leave of absence was granted to Mr. Johnson, on account of pressing engage- ments. On motion of Mr. Cheves, leave of absence was granted t Mr. Rhodes on account of urgent domestic affairs. Convention of 1861. 309 * On motion of Mr, Bo bo, leave of absence was granted to Mr. Foster, on account of military duties. On motion, the Convention was adjourned at two o'clock, P. M. B. F. ARTHUR, Clerk of the Convention. WEDNESDAY, APRIL 10, 1861. At the hour to which the Convention was adjourned, the President took the Chair, and the proceedings were opened with prayer by the Rev. J. M. Timmons. The Clerk called the Roll, and the following Dele answered to their names: Messrs. Allison, Appleby, Atkinson, Aver, Barron, Barton, Beaty. Bethea, Bellinger, Bobo, Brown, A. II. Buchanan, Cain, Calhoun, Caldwell, Carlisle, Carroll, Caugliman, Charles, Chesnut, Cheves, Clarke, Darby. Davant, De Saussure, De Treville, Dunkin, Da Pre, Kaslev, Ellis, Fair. Flud, G-arlington, Geiger, Cist. Glover, Oourdin, R. X. Gourdin, T. L. Hammond, Hanckel, Harrison, Ilayne, Henderson, Honour, Hunter, Tlutson, Inglis, Ingram, 310 Journal OF the Jackson, Jefleries, Jenkins. J. E. Ki 1 g< uv. Kinard. Kinsler, McCrady, Mclver, McKee, Mauldin, Maxwell, Means, Middleton, J. Izard Middleton, \\ r . Miles, Moore, Moorman. Orr, Palmer, Parker, Perrin, Pope, Quattlebaam, Reed, Eiobinson, UnWell, Scott, Shingler, J. M. Shingler, W. P. Simons. Simpson. Smith. J. J. P. Smith, Thomas Spratt, Springs, Sims, Thomson, Thomas Timmons. Townsend, Wardlaw, D. L. Wier, "Wilson, J. II. Woods', Young: The Journal of yesterday's proceedings was read. The President laid before the Convention the following communication, which, on motion of Mr. Reed, was ordered to be entered on the Journal: Headquarters Provisional Forces, Charleston^ South Carolina. I fon. I). F. Jamison, President of (he Cunrention, Strife of South Carolina: Sir: [ had the honor this moruing of receiving, through a Committee of your State Convention, its resolutions, expressing confidence in my professional skill, courage and sound judgment, and in the efficient co-operation of the several members of my staff, and other assistants, military and naval, and tendering to the individuals designated and to the various forces in the service, the thanks of the State for their successful efforts thus far, in protecting the honor and interests of the State. Convention of 1861. 311 Allow me, sir, through»you, to thank tffe honorable body over which you preside, for this evidence of their kindness to myself and assistants, and to the forces under my orders. I feel highly gratified that in so short a time it has been my good fortune to meet your approbation in the discharge of my official duties, and it is a source of pride for me to state that I feel much indebted for the expression of your resolutions to the active and willing co-operation of even- one under my command. Never have T seen a more uni- versal exhibition of determination and self-denial on the part of individuals for the promotion of any cause, than that of the forces under my command for the accomplish- ment of the great object we have in view. Encouraged by the great trust imposed in them, I can confidently express the hope that all under my command will continue to merit yon approbation. It will be my pleasure to commu- nicate to the troops and others under my orders, the sub- stance of your flattering resolutions. I am, sir, very respectfully, Your obedient servant, T. G. T. BEAUREGARD, JBri'/'.c li< r- General Commanding. Mr. Inglis offered the following resolutions, which were considered immediately, and were unanimously agreed to : Resolved, That in the resolutions of commendation and thanks to the organized forces and individual officers em- ployed in the military and naval service of the State, it was the purpose of the Convention to have expressed, as was felt, the sentiments therein conveyed towards all the vari- ous organized bodies of men and individuals who had been employed; and if, owing to our want of acquaintance with the precise relations existing among the bodies and individ- uals, the terms of the resolutions proved not large enough to have embraced them all, it would be unjust to this Con- vention, and to those omitted an occasion of profound regret, that such omission should be supposed to have been designed. "1:2 Journal op the /,' wived, That the commanding General be requested, in communicating the said resolutions, to state that under the terms used by the State Convention, it was its purpose press its just appreciation of the patriotism and zeal- ous devotion to the cause of the State of all the nun and officers, in whatever department of the service — volunteers, or regulars, regiments, battalions or companies. Mr. Reed offered the following resolutions, which were agreed to: Resolved, That the patriotic devotion and loyalty exhib- ited by Brevet Major-General David E. Twiggs, Late of the United States Army, to the rights and interests ot the South, by resigning his commission and turning over the public property under his control to the authorities of the State of Texas, upon its secession from the Union, emi- nently entitles him to the gratitude of the Confederate States of America; and the thanks of the people of South Carolina are hereby most cordially tendered to him. Resolved, That a eopv of the foregoing resolution he communicated to General Twiggs by the President of this Convention. Mr. Chesnul presented the following Report, which was considered immediately and was agreed to: The Committee appointed to visit his Excellency the Governor and the Commander of the Forces, beg leave to Report that they have waited on these gentlemen and are informed that the provisions already made by the Conven- tion are deemed by them adequate to all prohahle emer- gencies, and that they have, therefore, no further communi- cation to submit. Mr. Simons moved that the Convention do now adjourn, subject to the provisions of the resolution heretofore agreed Convention of 13G1. 313 to; and the question being put, will the Convention agree thereto ? it passed in the affirmative : Yeas, 02; nays, 32. The yeas and nays were demanded, and are as follows: Those who voted in the affirmative are : Hon. D. F. Jamison, President; and Messrs. Allison, Appleby, Atkinson, Ayei'. Barron, Barton, Beaty, Bethea, Bellinger, Calhoun, Carlisle, Carroll, ( Jaughman, Cheves, 1 >avant, De Saussure, Duncan, Du Pre, Easley, Ellis, ( larlington, Geiger, Hammond, Harrison, Hayne, Henderson, Honour, Hunter, Kutson, Jackson, Jefferies, Jenkins, J. E. Kilgore, Kinard. McLeod, Magrath, Mauldin, Maxwell, Mazyck, Means, Moore, Orr, rainier, Parker, Reed, Robinson, Rowell, Scott, Shinglef, J. M. Shingler, W. P. Simons. Smith, Thomas Spratt, Springs, Sims, Thomson, Thomas Timmons, Wier, Wilson, J. II. Woods, Young, Those who voted in the negative are Messrs. Bobo, Brown, A. II. Buchanan, Cain, Caldwell, Clarke, Darby, De Treville, 81 1 Journal of the Convention. Fair. Middleton, W. Fiu.l. Miles, Furman, Moorman, Gist, Nowell, Glover, O'Hear, ( fourdin, R. X. Pope, Hanckel, Quattlebaum, [nglis, Richardson, .1. V. Kinsler, Simpson, McCrady, Smith, .1. .J. P. McKee, Townsend, Middletom J. Izard T^ardlaw, I). L. So the motion was agreed to: and the Convention was adjourned in accordance with the provisions of the reso- lutions. B. F. ARTHUR, Clerk of /At' Convention. ALPHABETICAL LIST OF THE MEMBERS OF THE CONVENTION, Decembeb 17, 18G0. With their Post- Offices caul Election Districts, NAME. DISTRICT. POST-OFFICE. /J). F. JAMISON, Fres'*..Barnwell Midway. Adams. .Tames JI Richland Gadsden. Allison, R. T York Meek's Hill. Appleby, D. C St. George's, Dorchester.... Branchville. Atkinson, 8. T Winyaw Georgetown. Ateb, L. M Barnwell Buford's Bridge. Barnwell, R. W St. Helena Beaufort. Barron, A. I York Yorkville. Barton, D. B Orange Branchville. B k aty, T. AY Horry Con wayboro. Bethea, A. W Marion Little Bock. Bellinger, E. St. P St. Bartholomew's Walterboro. Bobo, S Spartanburg Spartanburg C. H. Bonneau, P. P Christ Church Haddrell's. Brabham, J. J Barnwell Buford's Bridge. Brown, A. II St. Andrew's Charleston. Brown, C. P St. James', Goose Creek Charleston. Bi cha # nan, J Fairfield Winnsboro'. Burnet, A. W St. Philip and St. Michael ..Charleston. Cain. W St. John's, Berkley Black Oak. Calhoun, John A Abbeville Abbeville C. H. Caldwell, Joseph Newberry Mount Bethel. LIST OF MEMBBRSJ ■ \ ■ . DISTRICT. CT-OFFICE. Campbell, William EL. .Greenville Greenville C. If. ^| Oarn, 11. B St. Bartholomew's Walterboro'. Carlisle, James II Spartanburg Spartanburg C. II. Carroll, J. I' Edgefield Uken. Oadohman, IT. 1 Lexington Lexington C! II. I phi I, W. G Lancaster Hanging Hock. Charles, B. W Darlington Darlington C. II. Chesni i". James, .If Kershaw Camden. Cheyes, Langdon Si Peter's Savannah, Ga. Clarke, B. M St. Andrew's Charleston. '. W St. Philip and St. Michael. .Oh arlestoa; CRAWFORD, R. L Lancaster Lancaster ( '. II. Curtis, William Spartanburg Limestone Springs. Darby, A. T St. Mathew's Fori Motte. ♦Dargan, J. A Darlington Darlington C. II. Davaxt, R. J St. Luke's Gillisonville. vDavis, II. C Fairfield Ridgowayj JJDeSai bsi :k W. F Richland Columbia* [>i: Treyille, R St. Philip and St. Michael. Charleston] Dozier, A. W Williamsburg Johnsonville. Duncan, Perry B Greenville Greenville C. II. Dunk i.\, B. F Winyaw Charleston. Dunoyant, A. Q Chester Chesterville. Dunovant, F. (i. M Edgefield Edgefield C. II. Du Pre, !> St. James', Santee..South Santeo Perry. Basley, W. K Greenville Greenville C. It. Ellis, W. .1 Horry Conwayboro'. English, T. F Sumter Mayesville. Evans, C. 1> Marion Marion 0. II. FAIR, Simeon Xe wherry Newberry C. !I. FenleYj W. F Barnwell Aiken. Plud, Daniel St. George's, Dorchester..Summerville. P0R8TER, A. M Winyaw Georgetown. Foster, Ji. J5 Spartanburg Glenn Springs. Frampton, .1. B Prince William's Pocotaligo. Purman, .1. C Greenville Greenville 0. IF Gadberry, James M Union Union ('. IF GarlinqTDn, II. W Laurens Laurens C. II. * Duces > d. LIST OF MEMBERS. £17 NAME. DISTRICT. TOST-OFFICE. Geiger, J. C Lexington Sandy Run. Gist, William II Union Union C. H. Glover, T. W Orange Orangeburg. Goodwin, B. W Marlboro' Brightsville. s/Gourdin, R. N St. Philip and St. Michael... Charleston. Gourdin, T. L St. Stephen's Pineville. Green, II. D Sumter Mcehanicsville. ■*/Gregg, Maxcy Richland Columbia. Gheqg, William Edgefield Aiken. Grisiiam. W. S 1'i.kms Walhalla. Hammond. A. J Edgefield Hamburg. Hanckki,, T.M St. Philip ami St. Michael. ..Charleston. Harllee, W. W Marion Mars' Bluff. /Harrison. James Greenville Cedar Falls. Hayne. I. W St. Philip and St. Michael.. .< Charleston. Henderson, E. R St. Bartholomew's Bine House. Honour, J. 11 St. Philip and St. Michael. ..Charleston. Hopkins, William Richland Hopkins' T. 0. Hunter, William Pickens Wolf Creek. Hutson, W. F Prince William's Poeotaligo. Ingeis. John A Chesterfield ( 'heraw. Ingram, J. J Clarendon Manning. Jackson. S Chesterfield Mount Crogan. JefferioS, James Union G-owdeysville. Jenkins, John St. John's, Colleton Edisto Island. Jenkins. J. E St. Paul's Adams' Pun. Johnson , W. D Marlboro' Benncttsville. v Jveitt, L. M Orange Orangeburg. Kershaw, J . B Kersha w Camden. Kilgore, B. F Spartanburg Laurensville. ^vinard, J. P Newberry Newberry C. II. Kinslkr, J. II Richland Columbia. Landrum,~J. G Spartanburg Spartanburg C. II. Lawton, B. W Barnwell Allen dale. Lewis, A. F Pickens Pendleton. I Logan, R. C "Williamsburg Kingstree. Lyees, W. S Fairfield Strother. McCrady, Edward St. Philip and St. Michael. ..Charleston. ■* McIver, Henry Chesterfield Cheraw. McKee, John Chester Chester C. H. :;i > list OF members. NAME. DI8TBIOT. PQSaVQFFICE. McLEOD, A Marlhoro' Bennet tsville. Maqrath, A. (i St. Philip and St. Michael... Charleston. Manioai i.r. G St. Philip and St. Michael... Charleston. v Manning, John L Clarendon Fulton. .Mai i. in; n. B. P SLndersou YVilliamston. M lxwell, .lolm Pickens Pendleton. M ayes, M. I' Sumter Mavesville. Mazyck, Alexander St. . lames", Santce Charleston, M bans, John II Fairfield Buckhead* MemMINOER, C. Ct St. Philip and St. Michael. ..Charleston. vMiddleton, John Izard. .All Saints Georgetown, MlDDLETON, W St. Philip and St. .Michael. ..Charleston. Miles, W. P St. Philip and St. Michael. ..Charleston. Moore, Thomas W Chester Smith's T. O. Moorman, K Newberry M ay hi n ton. xyNoiu.K. Edward Lbbevillle Abbeville C. 11. NoWELL, J. L St. Thomas and St. Dennis.. .Charleston. O'HEAR, .1. S St. Thomas and St. Dennis.. .( ' ha r lest on. Obr, James L Anderson Anderson C. H. Palmer, J. S St. Stephen's Echaw. Parker, F. S Winyaw Georgetown^ Pbrrin, Thomas. C Abbeville Vhheville 0. 11. Pope, .1. D St. Helena Beaufort. Porcher, F.J St. Philip and St. Michael... Charleston. Pbesslby, .1. C Williamsburg Kingstrea Qtjattlebai m. Paul Lexington Lightwood ( 'reek. RaINEY, Samuel York (iuthriesville. Reed, .1. P Anderson a Anderson C, II. Pmktt. P. B St. Philip and St. Michael... Charleston; Rhodes, George St. Peter's Lawtonville. RICHARDSON, P. D St. Philip and St. Michael... Chariest on. vPniiAitnsoN, ,J. P Clarendon Fulton. Robinson, D. P Lancaster Craigville. ROWELL, W. B Marion Marion C. II. RUTLEDOE, B. II St. Philip and St . .Michael. ..Charleston. Scott, B. B St. Paul's Summerville. Skahkook, E. M St. Luke's Bluffton. SeabrooK, C. W., Sr St. John's, Colleton Charleston. Sessions, B. B All Saints Conwayboro*. Shingler, J. AI St. James', Goose Creek Holly Hill. LIST OF MEMBERS. 319 NAME. DISTRICT. POST-OFFICE. Siiinoler, W. P Christ Church Charleston. Simons, T. Y., Jr St. Philip and St, Michael. ..Charleston. ^..-Simpson, 11. F Anderson Pendleton. Smyly, J. C Edgefield Lotts. Smith, J. J. P St. Philip and St, Michael. ..Charleston. Snowden, P. Cr St. John's, Berkley Black Oak. Spain. A. C Sumter Sumter C. II. Spratt, L. W St, Philip and St. Michael. ..Charleston. •^Sprinos, A. B York Fort Mills. Stokes, P St. Bartholomew's Branchville. Sims, J. S Union Pacelot Mills. Thompson, Robert A Pickens Pickens C. II. Thomson, Thomas Abbeville Abbeville C. II. Timmons, J. M Darlington Timmonsville. To Mi' kins, .lames Edgefield Park's State. Townsend, John St, Philip and St. Michael. .Edisto Island. \VAi:Ni>ix. Thua was established, by compact between the Stat.'-, a Government, with defined objeota and powers, Limited to the express words of the grant. This Limitation Left the whole remaining mass of power subject to the clause re- serving it to the States or to the people, and rendered unnecessary any specification of reserved rights. W'r hold that the Government thus established is sub- ject to the two great principles asserted in the Declaration of Independence; and we hold further, that the mode of its' formation subjects it to a third fundamental principle, namely; the law of compact AVe maintain that in every compact between two or more parties, the obligation is mutual ; that the failure of one of the contracting parties to perform a material part of the agreement, entirely releases the obligation of the other; and that where no arbiter is provided, each party is remitted to his own judg- ment to determine the fact of failure, with all its conse- quences. In the present case, that fact is established with certainty. We assert that fourteen of the States have deliberately refused, for years past, to fulfill their constitutional obliga- tions, and we refer to their own Statutes for the proof. The Constitution of the United States, in its Fourth Article, provides as follows: " \<» person held to service or labor in one State, under the laws thereof, escaping into another, shall, in conse- quence of any law or regulation therein, be discharged from such service or Labor, but shall be delivered up, on claim of the party to whom such service or labor may be due." This stipulation was so material to the compact, that without it that compact would not have been made. The greater number of the contracting parties held slaves, and they had previously evinced their estimate of the value of such a stipulation by making it a condition in the Ordinance for the government of the territory ceded by Virginia, which now composes the States north of the Ohio river. APPENDIX. 329 The same article of the Constitution stipulates also for rendition by the several States of fugitives from justice from the other States. The General Government, as the common agent, passed laws to carry into effect these stipulations of the States. For many years these laws were executed. But an increas- ing hostility on the part of the non-slaveholding States to the Institution of Slavery, has led to a disregard of their obligations, and the laws of the General Government have ceased to effect the objects of the Constitution. The States of Maine, New Hampshire, Vermont, Massachusetts, Con- necticut, Rhode Island, New York, Pennsylvania, Illinois, Indiana, Michigan, Wisconsin and Iowa, have enacted laws which either nullity the Acts of Congress or render useless any attempt to execute them. In many of these States the fugitive is discharged from the service or labor claimed, and in none of them has the State Government complied with the stipulation made in the Constitution. The State of New Jarsey, at an early day, passed a law in conformity with her constitutional obligation; but the current of anti-slavery feeling has led her more recently to enact laws which render inoperative the remedies provided by her own law and by the laws of Congress. In the State of New York even the right of transit for a slave has been denied by her tribunals; and the States of Ohio and Iowa have refused t<> surrender to justice fugitives charged with murder, and with inciting servile insurrection in the State of Virginia. Thus the constituted compact has been delib- erately broken and disregarded by the non-slaveholding States, and the consequence follows that South Carolina is released from her obligation. The ends for which this Constitution was framed are declared by itself to be "to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our pos- terity'." These ends it endeavored to accomplish by a Federal 380 Ari'F.xiiix. Government, in which each State was recognized as an equal, and had separate control over its own institutions. 'I'Ik righl of property in slaves was recognized by giving to free persons distinct political rights, by giving them the righl to represent, and burthening them with direct taxes for three-fifths of their slaves; by authorizing the importation of slaves tor twenty years; and by stipulating for the rendition of fugitives from labor, We affirm that these ends for which this Government was instituted have been defeated, and the Government itself lias been made destructive of them by the action of the non- slaveholding States. Those Slates have assumed the right of deciding upon the propriety of our domestic institutions; and have denied the rights of property established in tiflecn of the State- and recognized by the Constitution : they have denounced as sinful the institution of Slavery : they have permitted tin' open establishment amongthem of societies, whose avowed object is to disturb the peace and to eloign the property of the citizens of other States. They have encouraged and assisted thousands of our slaves to Leave their homes ; and those who remain, have been incited by emissaries, hooks and pictures, to servile insurrection. For twenty-five years this agitation has been steadily increasing, until it has now secured t>> its aid the power of the Common Government. Observing the forms of the Constitution, a sectional party has found within that Article establishing the Executive Department, the means of sub- verting the Constitution itself. A geographical line has been drawn across the Union, and all the States north of that line have united in the election of a man to the high oflS.ce ol President of the United States, whose opinions and purposes are hostile to slavery. He is to be entrusted with the administration of the Common Government, because he has declared that that " Government cannot endure per- manently half slave, half free," and that the public mind must rest in the belief that Slavery is in the course of ulti- mate extinction. This sectional combination for the submersion of the APPENDIX. 331 Constitution, lias been aided in some of the States by ele- vating to citizenship, persons, who, by the Supreme Law of the land, are incapable of becoming citizens; and their votes have been used to inaugurate a new policy, hostile to the South, and destructive of its peace and safety. On the 4th March next, this party will take possession of the Government. It has announced, that the South shall he excluded from the common Territory : that the Judicial Tribunals shall he made sectional, and that a war must be waged against slavery until it shall cease throughout the United States. The guaranties of the Constitution will then no longer exist; the equal rights of the States will be lost. The slaveholding States will no longer have the power of self- government, or self-protection, and the Federal Govern- ment will have become their enemy. Sectional interest and animosity will deepen the irrita- tion, and all hope of remedy is rendered vain, by the fact that public opinion at the North has invested a great politi- cal error with the sanctions of a more erroneous religious belief. We, therefore, the people" of South Carolina, by our del- egates, in Convention assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, lime solemnly declared that the Union heretofore existing between this State and the other States of North America. is dissolved, and that the State of South Carolina lias re- sumed her position among the nations of the world, as a separate and independent State; with full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent States may of right do. THE ADDRESS OF THE PEOPLE OF SOPTII CARO- LINA, ASSEMBLED IN CONVENTION, TO THE PEOPLE OF THE SLAVEHOLDING STATES OF THE UNITED STATES. Tt is seventy-three years since the Onion between the United States was made by the Constitution of the United States. During this time, their advance in wealth, pros- perity and power lias been with scarcely a parallel in the history of the world. The great object of their Union was defence against external aggression ; which object is now attained, from their mere progress in power. Thirty-one millions of people, with a commerce and navigation which explore every sea, and with agricultural productions which arc necessary to every civilized people, command the friend- ship of the world. But unfortunately, our internal peace has not grown with our external prosperity. Discontent and contention have moved in the bosom of the Confeder- acy for the last thirty-five years. During this time, South Carolina has twice called her people together in solemn Convention, to take into consideration the aggressions and unconstitutional wrongs perpetrated by the people of the North on the people of the South. These wrongs were submitted to by the people of the South, under the hope and expectation that they would he final. Bui such hope and expectation, have proved to he vain. Instead of pro- ducing forbearance, our acquiescence has only instigated to new forms of affffression and outrage: and South Caro- lina, having again assembled her people in Convention, has this day dissolved her connexion with the States constitut- ing the United States. The one great evil, from which all other evils have flowed, is the overthrow of the Constitution of the United APPENDIX. 333 States. The Government of the United States is no longer the Government of Confederated Republics, but of a con- solidated Democracy. It is no longer a free Government, hut a despotism. It is, in fact, such a Government as Great Britain attempted to set over our fathers ; and which was resisted and defeated by a seven years' struggle for independence. The Revolution of 1770, turned upon one great principle, self-government, — and self-taxation, the criterion of self- government. Where the interests of two people united together under one Government, are different, each must have the [tower to protect its interests by the organization of the Government, or they cannot he free. The interests of Great Britain and of the Colonies, were different and antagonistic. Great Britain was desirous of carrying out the policy of all nations towards their Colonies, of making them tributary to her wealth and power. She had vast and complicated relations with the whole world. Her policy towards her North American Coloines was to identify them with her in all these complicated relations; and to make them bear, in common with the rest of the Empire, the full burden of her obligations and necessities. She had a vast public debt ; she had an European policy and an Asiatic policy, which had occasioned the accumulation of her pub- lic debt : and which kept her in continual wars. The North American' Colonies saw their interests, political and commercial, sacrificed by such a policy. Their interests required that they should not be identified with the bur- dens and wars of the mother country. They had been set- tled under Charters, which gave them self-government ; at least so far as their property was concerned. They had taxed themselves, and had never been taxed by the Govern- ment of Great Britain. To make them a part of a consoli- dated Empire, the Parliament of Great Britain determined to assume the power of legislating for the Colonies in all cases whatsoever. Our ancestors resisted the pretention. They refused to be a part of the consolidated Government of Great Britain. 384 appendix. The Southern States now stand exactly in the same posi- tion toward- the Northern States, that the Colonies did towards Great Britain. The Northern States, having the majority in Congress, claim the same power of omnipotence in Legislation as the British Parliament. "The General Welfare," is the only limit to the legislation of either; and the majority in Congress, as in the British Parliament, are the sole judges of the expediency oi the legislation this "General Welfare" requires. Thus, the Government of the United Siates has become a consolidated Government; and the people of the Southern States are compelled to meet the very despotism their fathers threw oft' in the Revo- lution of 1776. The consolidation of the Government of Great Britain over the Colonies, was attempted to be carried out by the taxes. The British Parliament undertook to tax the Colo- nies, to promote British interests. Our fathers resisted this pretention. They claimed the right of self-taxation through their Colonial Legislatures, They were not represented in the British Parliament, and, therefore, could not rightly he taxed by its legislation. The British Government how- ever, offered them a representation in parliament; hut it was not sufficient to enable them to protect themselves fr nn the majority, and they refused the offer. Between taxation without any representation, and taxation without a representation adequate to protection, there was no dif- ference. In neither case would the Colonies tax them- selves. Hence, they refused to pay the taxes laid by the British Parliament. And so with the Southern States, towards the Northern States, in the vital matter of taxation. They are in a minority in Congress. Their representation in Congress, is useless to protect them against unjust taxation ; and they are taxed by the people of the North for their benefit, exactly as the people of Great Britain taxed our ancestors in the British Parliament for their benefit. For the last forty years, the taxes laid by the Congress of the United States, have been laid with a view of subservint>- the interests of APPENDIX. 835 the North. The people of the South have been taxed by duties on imports, not for revenue, but for an object incon- sistent with revenue — to promote, by prohibitions. North- ern interests in the productions of their mines and manu- factures. There is another evil, in the condition of the Southern towards the Northern States, which our ancestors refused to bear towards Great Britain. Our ancestors not only taxed themselves, but all the taxes collected from them, were expended amongst them. Had they submitted to the pretentions of the British Government, the taxes collected from them would have been expended in other parts of the British Empire. They were fully aware of the effect of such a policy in impoverishing the people from whom taxes are collected, and in enriching those who receive the benefit of their expenditure. To prevent the evils of such a policy, was one of the motives which drove them on to Revolution. Yet this British policy has been fully realized towards the Southern States, by the Northern States. The people of the Southern States are not only taxed for the benefit of the Northern States, but after the taxes are col- lected, three-fourths of them are expended at the North. This cause, with others, connected with the operation of the General Government, has made the cities of the South provincial. Their growth is paralyzed ; they are mere suburbs of Northern cities. The agricultural productions of the South are the basis of the foreign commerce of the United States ; yet Southern cities do not carry it on. Our foreign trade is almost annihilated. In 1740, there were live ship-yards in South Carolina, to build ships to carry on our direct trade with Europe. Between 1740 and 1779, there were built in these yards, twenty-five square- rigged vessels, besides a great number of sloops and schooners, to carry on our coast and West India trade. In the half century immediately preceding the Revolution, from 1725 to 1775, the population of South Carolina increased seven-fold. No man can, for a moment, believe that our ancestors 33G APPENDIX. Intended to establish over their posterity, exactly the same sort of Government they had overthrown. The great object of tlir Constitution of the United states, in its inter- na] operation, was. doubtless, to Becure the great end of the Revolution — a limited free Government — a Govern* meat limited to those matters only, which were general and common to all portions Of the United States. All sectional OT local interests, were to be left to the States. I>v no other arrangement would they obtain free Government, by a Constitution common to so vast a Confederacy. Yet, by gradual and steady encroachments on the part of the people <«f the North, and acquiescence on the part <>t' the South, the limitations in the Constitution have been swept away : and the Government of the United States has become consolidated, with a claim of limitless powers in its operations. It is not at all surprising, such being the character of the Government of the United States, that it should assume to possess power over all the institutions of the country. The agitations on the subject of slavery, are the natural results of the consolidation of the Government. Respon- sibility follows power; and if the people of the North have the power by Congress "to promote the general welfare of the United States," by any means they deem expedient, — why should they not assail and overthrow the institution of slavery in the South ? They are responsible for its continuance or existence, in proportion to their power. A majority in Congress, according to their inter- ested and perverted views, is omnipotent, The induce- ments to act upon the subject of slavery, under such cir- cumstances, were so imperious, as to amount almost to a moral necessity. To make, however, their numerical power available to rule the Union, the North must con- solidate their power. It would not be united, on any matter common to the whole Union — in other w r ords, on any constitutional subject — for on such subjects divisions are as likely to exist in the North as in the South. Slavery was strictly a sectional interest. If this could be made the APPENDIX. 337 criterion of parties at the North, the North could he united in its power; and thus cany out its measures of sectional ambition, encroachment and aggrandizement. To build up their sectional predominance in the Union, the Consti- tution must be first abolished by constructions ; but that being done, the consolidation of the North, to rule the South, by the tariff and slavery issues, was in the obvious course of things. The Constitution of the United States was an experi- ment. The experiment consisted, in uniting: under one Government, peoples living in different climates, and hav- ing different pursuits and institutions. It matters not, how carefully the limitations of such a Government be laid down in the Constitution — its success must, at least, depend upon the good faith of the parties to the constitutional compact, in enforcing them. It is not in the power of human language to exclude false inferences, constructions and perversions, in any Constitution ; and when vast sec- tional interests are to be subserved, involving the appro- priation of countless millions of money, it has not been the usual experience of mankind, that words on parch- ments can arrest power. The Constitution of the United States, irrespective of the interposition of the States, rested on the assumption that power would yield to faith — that integrity would be stronger than interest; and that thus, the limitations of the Constitution would be observed. The experiment has been fairly made. The Southern States, from the commencement of the Government, have striven to keep it within the orbit prescribed by the Constitution. The experiment has failed. The whole Constitution, by the constructions of the Northern people, has been ab- sorbed by its preamble. In their reckless lust for power, they seem unable to comprehend that seeming paradox — that the more power is given to the General Government, the weaker it becomes. Its strength consists in the limita- tion of its agency to objects of common interests to all sections. To extend the scope of its power over sec- tional or local interests, is to raise up against it oppo- ".•"N APPENDIX. sit i< 'ii and resistance. In all such matters, the General Government must necessarily be a despotism, because all sectional or local interests musl ever be represented by ;t minority in the councils of the General Government — having no power to protect itself against the rule of the majority. The majority, constituted from those who do not represent these sectional or local interests, will control ami govern them. A tree people cannot submit to sucb a Government. Ami the more it enlarges the sphere of its power, the greater must he the dissatisfaet ion it must • produce, and the weaker it must become. On the con- trary, the more it abstains from usurped powers, and the more faithfully it adheres to the limitations of tin- Consti- tution, the stronger it is made. The Northern people have had neither the wisdom nor the faith to perceive, that to observe the limitations of the Constitution was the only way to its perpetuity. 1'uder such a Government, there must, of course, be many and endless "irrepressible conflicts," between the two great sections of the Union. The same faithlessness which has abolished the Constitution iA' the Tinted States, will not fail to carry out the sectional purposes for which it has been abolished. There must he conflict : and the weaker section of the I'nion can only find peace and lib- erty in an independence of the North. The repeated efforts made by South Carolina, in a wise conservatism, to arrest the progress of the General Government in its fatal progress to consolidation, have been unsupported, and she lias been denounced as faithless to the obligations of the Constitution, by the vevy men and States, who were destroying it by their usurpations. It is now too lite to reform or restore the Government of the United States. All confidence in the North is lost by the South. The faithlessness of the North for a half century, has opened a gulf of separation between the North and the South which no promises nor engagements can till. It cannot be believed, that our ancestors would have assented to any union whatever with the people of the APPENDIX. 339 North, if the feelings and opinions now existing amongst them, had existed when the Constitution was framed. There was then no tariff — no fanaticism concerning ne- groes. It was the delegates from New England who pro- posed in the Convention which framed the Constitution, to the delegates from South Carolina and Georgia, that if they would agree to give Congress the power of regulating commerce by a majority, that they would support the exten- sion of the African Slave Trade for twenty years. African slavery existed in all the States but one. The idea that the Southern States would be made to pay that tribute to their northern confederates which they had refused to pay to Great Britain; or that the institution of Afriean slavery would be made the grand basis of a sectional organization of the North to rule the South, never crossed the imagina- tions of our ancestors. The Union of the Constitution was a union of slaveholding States. It rests on slavery, by prescribing a representation in Congress for three-tifths of our slaves. There is nothing in the proceedings of the Convention which framed the Constitution, to shew that the Southern States would have formed any other Union; and still less, that they would have formed a Union with more powerful non-slaveholding States, having majority in both branches of the Legislature of the Government. They were guilty of no such folly. Time and the progress of things have totally altered the relations between the Northern and Southern States, since the Union was estab- lished. That identity of feelings, interests and institutions which once existed, is gone. They are now divided, be- tween agricultural — and manufacturing, and commercial States; between slaveholding and non-slaveholding States. Their institutions and industrial pursuits have made them totally different peoples. That equality in the Government between the two sections of the Union which once existed, no longer exists. We but imitate the policy of our fathers in dissolving a union with non-slaveholding confederates, and seeking a confederation with slaveholding States. Experience has proved that slaveholding States cannot 340 APPENDIX. be Bafe in subjection to Qon-slaveholding State.-, [ndeed, tto people can ever expecl to preserve its rights and Liber- ties, unless these be in its own custody. To plunder and oppress, where plunder and oppression ••an be practiced with impunity, seems to be the natural order of things. The fairest portions of the world elsewhere, have been turned into wildernesses, and the most civilized and pros- perous communitiea have been impoverished and ruined by anti-slavery fanaticism. The people of the North have not left us in doubt as to their designs and policy. Onited as a section in the late Presidential election, they have elected as the exponent of their policy, one who has openly de- clared that all the States of the United States must be made free States <>r slave States. It is true, that amongst those who aided in his election, there are various shades of anti-slavery hostility. But if African slavery in the South- ern States he the evil their political combination affirms it to be, the requisitions of an inexorable logic, must lead them to emancipation. If it is right to preclude or abolish slavery in a Territory, why should it be allowed to remain in the States? The one is not at all more unconstitutional than the other, according to the decisions <>f the Supreme Court of the Onited State-. And when it is considered that the Northern States will soon have the power to make that Court what they please, and that the Constitution never has been any barrier whatever to their exercise of power, what check can there be. in the unrestrained coun- sels of the North, to emancipation? There is sympathy in association, which carries men along without principle; but when there is principle, and that principle is fortified by long-existing prejudices and feelings, association is omnipo- tent in party influences. In spite of all disclaimers and professions, there can he but one end by the submission of the South to the rule of a sectional anti-slavery government at Washington; and that end, directly or indirectly, must be — the emancipation of the slaves of the South. The hypocrisy of thirty years — the faithlessness of their whole course from the commencement of our union with them. APPENDIX. 341 shew that the people of the non-slaveholding North are not, and cannot be safe associates of the slaveholding South, under a common government. Not only their fanaticism. but their erroneous views of the principles of free govern- ments, render it doubtful whether, if separated from the South, they can maintain a free government amongst them- selves. Numbers, with them, is the great element of free government. A majority is infallible and omnipotent. "The right divine to rule in kings,*' is only transferred to their majority. The very object of all Constitutions, in free popular Government, is to restrain the majority. Con- stitutions, therefore, according to their theory, must be most unrighteous inventions, restricting liberty. None ought to exist: but the body politic ought simply to have a political organization, to bring out and enforce the will of the majority. This theory may be harmless in a small community, having identity of interests and pursuits; but over ;i vast State — still more, over a vast Confederacy, hav- ing various and conflicting interests and pursuits, it is a remorseless despotism. In resisting it, as applicable to our- selves, we are vindicating the great cause of free govern- ment, more important, perhaps, to the world, than the ex- istence of all the United States. Nor in resisting it, do we intend to depart from the safe instrumentality, the system of government we have established with them, requires. In separating from them, we invade no rights — no interest of theirs. We violate no obligation or duty to them. As separate, independent States in Convention, we made the Constitution of the United States with them ; and as sepa- rate independent States, each State acting for itself, we adopted it, South Carolina acting in her sovereign capa- city, now thinks proper to secede from the Union. She did not part with her Sovereignty in adopting the Consti- tution. The last thing a State can be presumed to have surrendered, is her Sovereignty. Her Sovereignty is her life. Nothing but a clear express grant can alienate it. Inference is inadmissible. Yet it is not at all surprising that those who have construed away all the limitations of 842 APPENDIX. the Constitution, Bhould also by construction, claim the annihilation of the Sovereignty of the States. Saving abolished all barriers to their omnipotence, by their faith- onstructions in the operations of tin." (Jeneral (Jovern- ment, it is mosl aatural thai tbey should endeavour to do the same towards us in the States. The truth is, they,hav- ing violated the express provisions of the Constitution, it is at an end, as a compact. It is morally obligatory only on those who choose to accept its perverted terms. South Carolina, deeming the compact not only violated in par- ticular features, but virtually abolished by her Northern confederates, withdraws herself as a party from its obliga- tions. The righl to do so, is denied by her Northern eon- federates. They desire to establish a sectional despotism, not only omnipotent in Congress, but omnipotent over the State's : and as if to manifest the imperious necessity of pur -ion, they threaten us with the sword, to coerce -lib- mission to their rule. Citizens of the slaveholding States of the United States! Circumstances beyond our control have placed us in the van of the great controversy between the Northern and Southern States. We would have preferred that other State- should have assumed the position we now occupy. (Independent ourselves, we disclaim any design or desire to lead the counsels of the other Southern States. Provi- dence has casl our lot toe-ether, by extending over us an identity of pursuits, interests and institutions. South Caro- lina desires no destiny separated from yours. To be one of a great Slaveholding Confederacy, stretching its anus over a territory larger than any power in Europe pos- sesses — with a population four times greater than that of the whole United States when they achieved their inde- pendence of the British Empire — with productions which make our existence more important to the world than that of any other people inhabiting it — with common institu- tions to defend, and common dangers to encounter — we ask your sympathy and confederation. Whilst constituting a portion of the United States, it has been your statesman- APPENDIX. 343 ship which has guided it, in its mighty strides to power and expansion. In the field, as in the cabinet, you have led the way to its renown and grandeur. You have loved the Union, in whose service your great statesmen have labored, and your great soldiers have fought and conquered — not for the material benefits it conferred, hut with the faith of a generous and devoted chivalry. You have long lingered in hope over the shattered remains of a broken Consti- tution. Compromise after compromise, formed by your concessions, has been trampled under foot by your North- ern confederates. All fraternity of feeling between the North and the South is lost, or has been converted into hate; and we, of the South, are at last driven together by the stern destiny which controls the existence o\' nations. Your hitter experience of the faithlessness and rapacity of your Northern confederates may have been necessary to evolve those great principles of free government, upon which the liberties of the world depend) and to prepare you for the grand mission of vindicating and re-establish- ing them. We rejoice that other nations should he sat- isfied with their institutions. Contentment is a great element of happiness, with nations as with individuals. We arc satisfied with ours. If they prefer a system of industry, in which capital and labor are in perpetual con- flict — and chronic starvation keeps down the natural in- crease of population — and a man is worked out in eight years — and the law ordains that children shall he worked only ten Itmirs " day — and the sabre and the bayonet are the instruments of order — he it so. It is their affair, not ours. We prefer, however, our system of industry, by which labor and capital are identified in interest, and capital, therefore, protects lahor — by which our population doubles every twenty years — by which starvation is unknown, and abundance crowns the land — by which order is preserved by an unpaid police, and many fertile regions of the world, where the white man cannot lahor, are brought into useful- ness by the labor of the African, and the whole world is blessed by our productions. All we demand of other peo- 344 AI'I'KMUX. plea La i" be lefl alone, to work cut oar own high destinies. United together, and we musl be the most independent, as we are among the mosl important, of the nations of the world. United together, and we require no other instru- ment to conquer peace, than our beneficient productions. United together, and we musl be a great, free and pros- perous people, whose renown must spread throughout the civilized world, and pass down, we trust, to the remotest ages. We ask you to join us in forming a Confederacy of Slaveholding States. REPORT, By Mr. De Saussure, Of the Committee at the Address to the People of the Southern States, ON THE ADDRESS OF A PORTION OF THE MEMBERS OF TUE GENERAL ASSEMBLY OF GEORGIA. The Committee on the Address to the Southern States, to whom was referred the Address of a portion of the members of the General Assembly of Georgia to the peo- ple of South Carolina. Alabama. Mississippi and Florida, in Convention assembled, urging that no final separate State action shall be taken upon the question of secession from the Union, until a general Convention of the South- ern States can be had. respectfully report, That the Address was not received until just before the Ordinance of S. 'ces- sion was put upon its passage, and the withdrawal of South Carolina from the Union has now been ordained. Never- theless, the high respect entertained by this Convention for the members of the Legislature of our sister State of Georgia, from whom this Address emanated, impels the Convention briefly to state the causes which induced the passage of the Ordinance. South Carolina did not desire to take the lead in seces- sion, but her Legislature being in session for the purpose of appointing Presidential Electors, first felt the blow in- flicted by the election of an enemy to Southern institutions, elected by Abolition States upon Abolition issues. She felt that her safety was imperilled; that duty to her- self demanded prompt action as the only means of meeting 846 APPENDIX. the impending danger, and she called this Convention to take the proper steps to save the Commonwealth. The long-continued violations, by the Federal authority, of tin' constitutional compact between the States produced, ago, earnest and repeated remonstrances aud warn- ings, not onlyfrom South Carolina, but most <»t' the South- ern States. These remonstrances were unheeded, until at length this State was driven to take vigorous measures for redress. When it was found she would no longer submit, a compromise was offered and accepted. How long its terms were observed, let the records of the country attest. The threatened storm being averted, the had faith of our Northern associates speedily displayed itself in renewed efforts t" plunder the South. When a successful war brought us accessions of territory, these were grasped by our unscrupulous allies, and monop- olized, to the entire exclusion of Southern men with their property. They have taken possession of nearly all the Territories, and insolently proclaimed that there should be no more slave States. They have waged, for a long series of years, an unceas- ing warfare against the institution of domestic slavery established in the Southern States, with an avowed inten- tion to undermine, circumscribe and utterly overthrow it. And this, notwithstanding that the existence, as well as lawfulness of slavery, were recognized by them in tin 1 Articles of Union. They have taught their'people to believe that slavery is a sin and a curse, and that they arc responsible, it' it is Buffered longer to exist. They have generated in the whole Northern mind a hatred against Southern institutions and Southern men. They proclaimed that an irrepressible conflict existed between the systems of Northern and Southern labor, and that one or the other must go down ; and at length defiantly and exultingly declared that the battle was won. The fruits of this nefarious warfare were at length dis- APPENDIX. 347 played in the armed invasion of one of the States by some of their infatuated dupes, and by conflagrations' and poison- ings in other States. The orderly and contented slave pop- ulation of the South at length became agitated and restless. A feverish feeling pervaded the Southern mind, and for the first time a sense of insecurity began to be felt, the neces- sary result of these diabolical machinations. And these injuries were inflicted, not by a public enemy, hut by citizens of States bound to us by a solemn Compact, the avowed object of which was to insure domestic tran- quility. As citizens of the United States, and under cover of their Constitutional privilege, they had access to our homes, and there endeavored to diffuse their deadly poison. This they had been taught to regard as a duty. The peace, safety, and honor of South Carolina required imperatively that she should no longer continue in alliance with a people thus faithless to their Constitutional obliga- tions. From men whom no treaty could hind, she held it idle to ask for additional guaranties, and resolved, with unparalleled unanimity, to separate herself from them. Some of the members of the Georgia Legislature have urged that final State action be deferred until a meeting of the Southern States can he had, to confer together for our common safely ; but simultaneously we have received from Alabama, Mississippi, and from Georgia, communications urging immediate and final action as indispensihle to the safety of the entire South. These communications are from sources entitled to our utmost respect. If a conference of the Southern States is had, it can have but two objects: one to patch up a hollow truce with anti- slavery, which denounces our Institution as a crime, and which will hold all the power of the Government in all its departments in all time to come ; the other to concert mea- sures for final separation, and for the formation of a South- ern Confederacy. South Carolina has ordained her separation from the 348 APPEffDIX. Federal Union. This Bhe has done under a high sense of the respousibilitiefl which attach to her, and her relations i«i her Southern sister States. Saving weighed the con- sequences, Bhe has resolved to go out of the Union alone, sooner than siilmiit to the open as well as Becret warfare carried on against her peace and safety. The other object of a Southern Conference — the formation of a Southern Confederacy, she anxiously desires, and most cordially in- vites. The Committee submit the following resolution: Resolved, That a copy of this report be transmitted by the President to the Honorable John Billups, President of a meeting of a portion of the members of the Genera] Assembly of Georgia. W. F. DeSAUSSURE, On behalf of the Committee. December 22, 1860. REPORT AXD RESOLUTIONS From the Committee on Relations with tfa Slaveholding States, providing for Commissioners to such States. The Committee on '"Relations with the Slaveholding States of North America," beg leave to report, that they have carefully considered the three several propositions contained in the resolutions referred to them, which were submitted in Convention by three several members from St. Philip's and St. Michael's. All the resolutions re- ferred to the Committee look to the purpose of Confede- rate relations with our sister States of the South, having common interests with us. and every cause, as we trust, to indulge towards us common sympathies and to contract cor- dial relations. In such a purpose the Committee entirely and unanimously concur, and they recommend that even- proper measure be adopted to accomplish such an end. Upon this subject so much unanimity prevails and has long prevailed in this State, that an argument thereupon would be wholly superfluous. All seem to agree that the first step proper to be taken for the purpose of promoting and secur- ing the Confederation we seek, is the appointment of Com- missioners, by the authority of this Convention, to such States of the South as may call Conventions to consider and determine their future political relations. The Committee advise that such steps he taken by this Convention, hoping and believing that our sister States of the South will correctly interpret our action in taking the initiative as arising, by no means, from any presumptuous arrogance, hut from the advance position which circum- stances have given to this State in the line of procedure for the great design of maintaining the rights, the security and the very existence of the slaveholding South. It has heen a subject of anxious consideration with the 350 APPENDIX. Committee whether the Commissioners, whose appointment they recommend, should be instructed to tender any basis of a temporary or Provisional Government to the States to which they may be accredited. The instrument called the Constitution of the United States of America, has beeu suggested as a suitable and proper basis to be offered for a Provisional Government. This suggestion has been commended to the Committee by various considerations, which cannoi now be set forth in lull or at large. Among these are: That the said instrument was the work of minds of the first order in strength and accomplishment. That it was most carefully constructed by comprehensive views and careful examination of details. That experience has proved it to be a good form of gov- ernment for those sufficiently virtuous, intelligent and patriotic to cause it to be fairly and honestly construed and Impartially administered. That the settled opinion of this state has never been adverse to that plan of government of Confederated States on account of anything in its structure; hut the dissatisfac- tion is attributable to the false glosses, and dangerous mis- interpretation, and perversion of sundry of its provisions, even to the extent, in one particular, of so covering up the real purposes of certain Legislation, (meant to protect domestic manufactures in one section.) as to estop tin 1 Su- preme Coutt, in its opinion, from judicially perceiving the real design. That it presents a complete scheme of confederation, capable of being speedily put into operation ; familiar, by long acquaintance, with its provisions, and their true im- port to the people of the South, many of whom are believed to cherish a degree of veneration for it, and would feel sate under it, when in their own hands, for interpretation and administration, especially as the portions that have been, by perversion, made potent for mischief and oppression in the hands of adverse and inimical interests, have received a settled construction by the South. That a speedy con- APPENDIX. 351 federation by the South is desirable in the highest degree, which it is supposed must be temporary at first, (if accom- plished as soon as it should he,) and no better basis than the Constitution of the United States is likely to be sug- gested or adopted for temporary purposes. That the opinions of those to whom it is designed to oft'er it, would be conciliated by the testimony the very act itself would carry, that South Carolina meant to seek no selfish advantage, nor to indulge the least spirit of dicta- tion. That such form of government is more or less known to Europe, and, if adopted would indicate abroad that the seceding Southern States had the foresight and energy to put into operation forthwith a scheme of government and administration competent to produce a prompt organization for internal necessities, and a sufficient protection oi' foreign commerce directed hither, as well as to guarantee foreign powers in the confidence that a new Confederacy had im- mediately arisen, quite adequate to supersede all the evils, internal and external, of a partial or total interregnum. That its speedy adoption would work happily as a revivi- fying agency in matters financial and commercial, between the States adopting it, and between ttfem as a united power and foreign commercial nations, and at the same time would combine without delay a power touching purse and sword, that might bring to a prudent issue tie 1 reflections of those who may perchance he contemplating an invasion, or to an issue disastrous to them, the attempted execution of such unholy design. Such are some of the considerations, very rapidly stated, which address themselves to this Bubject. It is contended that some limitation of the power to levy duties, and that to regulate commerce, (and perhaps other provisions of the said Constitution,) may he desirable, and are in fact so, to some of the Committee, yet these modifications may be safely left to a period when the articles of a permanent government may he settled, and that, meantime, the Con- stitution referred to will serve the purpose of a temporary 352 APPENDIX. Confederation, which the Committee unite in believing ought to be Bought, through all proper measures, mosl earnestly. It is also submitted, that if the tender of the said ( Sonsti- tntion, even as a Provisional Government, should, in the opinion of the Convention, be accompanied by a condition thai it be Bubjecl to specific limitations, expositions of am- biguities, or modifications, the Committee would respect- folly refer to the Convention itself such matters; and this is done, not because the Committee would not willingly consider and report upon such Bubject, but because they deem it due to the Convention and the public interest; thai they should now lay before the Convention the substantia] propositions contained in the following resolutions, which the majority of the Committee recommend to the Conven- tion as tit to be adopted, viz : /,', solved, First, That this Convention do appoint a Com- missioner to proceed to each of the Slaveholding states that may assemble in Convention, for the purpose of laying our Ordinance of Secession before the same, and respect- fully inviting their co-operation in the formation with us of a Southern ( lonfederaey. Second, That our Commissioners aforesaid, he further authorized. t^> submit, on our part, (he Federal Constitution as the basis of a Provisional Government for such States as shall have withdrawn from their connection with the Government of the United States of America: Provided,^ That the said Provisional Government, and the tenures of all officers and appointments arising under it. shall cease and determine in two years from the 1st day of duly next, or when a Permanent Government shall have been organ- ized. Third, That the said Commissioners he authorized to invite the Beceding States to meet in Convention, at such time and place as may he agreed upon, for the purpose of forming and putting in motion such Provisional Govern- ment, and so that the said Provisional Government shall APPENDIX. 353 be organized and go into effect at the earliest period pre- vious to the 4th day of March, 1861, and that the same Convention of seceding States shall proceed forthwith to consider and propose a Constitution and plaiufor a perma- nent Government for such States, which proposed plan shall he referred back to the several State Conventions for their adoption or rejection. Fourth, That eight Deputies shall be elected by ballot by this Convention, who shall be authorized to meet in Convention such Deputies as may be appointed by the other slaveholding States who may secede from the Fed- eral Union, for the purpose of carrying into effect the fore- going resolutions; and that it be recommended to the said Stales, that each State be entitled to one vote in the said Convention, upon all questions which may be voted upon therein ; and that each State send as many Deputies as are equal in number to the number of Senators and Repre- sentatives to which it was entitled in the Congress of the United States. D. F. JAMISON", President. Attest: B. F. Arthur, Clerk. 23 CORRESPONDENCE BETWEEN THE COMMISSION- ERS OF THE STATE OF SOUTH CAROLINA AND THE PRESIDENT OF THE CXITKI) STATES. [i.KTTER OF THE COMMISSIONERS TO TIIK PRESIDENT.] Washington, 28th December, 1860. Sir : We have thie honor to transmit to you a copy of the lull powers from the Convention of the People of South Carolina, under which we arc "authorized and empowered to treat with the Government of the United States for the delivery of the forts, magazines, light-houses and other real estate, with their appurtenances, within the limits of South Carolina, and also for an apportionment of the pub- lic debt, and for a division of all other property held by the Government of the United States as agent of the confed- erated States, of which South Carolina was recently a member; and generally to negotiate as to all other meas- ures and arrangements proper to be made and adopted in the existing relation of the parties, and for the continuance of peace and amity between this commonwealth and the Government at Washington." In the execution of this trust, it is our duty to furnish you, as we now do, with an official i'<>py of the Ordinance of Secession, by which the State of South Carolina has resumed* the powers she delegated to the Government of the United States and has declared her perfect sovereignty and independence. It would also have been our duty to have informed you that we were ready to negotiate with you upon all such questions as are necessarily raised by the adoption of this APPENDIX. 855 ordinance, and that we were prepared to enter upon this negotiation with the earnest desire to avoid all unnecessary and hostile collision, and so to inaugurate our new relations as to secure mutual respect, general advantage and a future of good will and harmony beneficial to all the parties con- cerned. But the events of the last twenty-four hours render such an assurance impossible. We came here the representa- tives of an authority which could, at any time within the past sixty days, have taken possession of the forts in Charleston harbor, but which, upon pledges given in a manner that, we cannot doubt, determined to trust to your honor rather than to its own power. Since our arrival here an officer of the United States, acting, as we are assured, not only without but against your orders, has dismantled one fort and occupied another, thus altering, to a most im- portant extent, the condition of affairs under which we came. Until these circumstances are explained in a manner which relieves us of all doubt as to the spirit in which these negotiations shall be conducted, we are forced to suspend all discussion as to any arrangements by which our mutual interests might be amicably adjusted. And, in conclusion, we would urge upon you the imme- diate withdrawal of the troops from the harbor of Charles- ton. Under present circumstances, they are a standing menace which renders negotiation impossible, and, as our recent experience shews, threatens speedily to bring to a bloody issue questions which ought to be settled with tem- perance and judgment. We have the honor, Sir, to be, Very respectfully, Four obedient servants, R. W. BARNWELL, J. II. ADAMS, JAMES L. ORR, Commissione'i . To the President of the United States. [REPLY OF Tin: PRESIDENT T<> THE COMMISSIONERS.] Washington City. BOth December, 1860. Gentlemen: I have the honor to receive your communica- tion of 28th instant, together with a copy of your '• full powers from the Convention of the People of South Caro- lina," authorizing you to treat with the Government of the United States on various important subjects therein men- tioned, and also a cop}" of the Ordinance bearing date on the 20th instant, declaring that "the Union now subsisting between South Carolina and other States under the name of 'the United States of America,' is hereby dissolved." In answer to this communication, I have to say, that my position as President of the United States was clearly defined in the message 1" Congress of the 3d instant. In that I stated that, "apart from the execution of the laws, so far as this may be practicable, the Executive has no authority to decide what shall he the relations between the Federal Government and South Carolina. lie has been invented with no such discretion. He possesses no power to change the relations heretofore existing between them, much less to acknowledge the independence of that State. This would be to invest a mere executive officer with the power of recognizing the dissolution of the Con- federacy among our thirty-three sovereign States. It hears no resemblance to the recognition of a foreign de facto governmenl — involving no such responsibility. Any at- tempt to do this would, on his part, he a naked act of usurpation. It is, therefore, my duty to submit to Con- gress the whole question, in all its hearings." Such is my opinion still. I could, therefore, meet you only as private gentlemen of the highest character, and was entirely willing to communicate to Congress any prop- APPENDIX. 357 osition you might have to make to that body upon the subject. Of this } t ou were well aware. It was my earnest desire, that such a disposition might be made of the whole subject by Congress, who alone possess the power, as to prevent the inauguration of a civil war between the parties in regard to the possession of the Federal Forts in the harbor of Charleston ; and I therefore deeply regret, that, in your opinion, "the events of the last twenty-four hours render this impossible." In conclusion, you urge upon me "the immediate withdrawal of the troops from the harbor of Charleston," stating that, ''under present circumstances, they are a standing menace which renders negotiation! impossible, and, as our recent experience shows, threatens speedily to bring to a bloody issue, questions which ought to be settled with temperance and judgment." The reason for this change in your position is, that since your arrival in Washington, "an officer of the United States, acting as we (yon) are assured, not only without, but against your (1113-) orders, has dismantled one fort and occu- pied another, thus altering, to a most important extent, the condition of affairs under which we (you) came." You also allege that you came here "the representatives of an authority which could, at any time, within the past sixty days have taken possession of the forts in Charleston har- bor, but which, upon pledges given in a manner that we (you) cannot doubt, determined to trust to your (my) honor rather than to its own power," This brings me to a consideration of the nature of those alleged pledges, and in what manner they have been ob- served. In my message of the third of December last, I stated, in regard to the property of the United States in South Carolina, that it " lias been purchased for a fair equivalent ' by the consent of the Legislature of the State,' ' for the erection of forts, magazines, arsenals,' &c., and over these the authority 'to exercise exclusive legislation' has been expressly granted by the Constitution to Congress. It is not believed that any attempt will be made to expel the United States from this property by force ; but if in .">•> APPENDIX. this I Bhould prove to be mistaken, the oihYer in command of ili«' forte has received orders to acl strictly on the defen- sive. In Buch a contingency, the responsibility for conse- quences would rightfully rest npon the heads of the assail- ants." Tliis being the condition of the parties, on Saturday, 6th December, four of the representatives from South Carolina called on me and requested an interview. We had an earnest conversation on the subject of these forts, and the lu'.-t means of preventing a collision between the parties for the purpose of sparing Che effusion of Mood. I suggested, for prudential reasons, that it would be best to put in writing what they said to me verbally. They did so accordingly, and on Monday morning, the 10th instant, three of them presented to me a paper signed by all the representatives from South Carolina, with a single excep- tion, of which the following is a copy: To his Excellency, James Buchanan, JV< sident of the Unit d States : In compliance with our statement to you yesterday, we now express to you our strong convictions that neither the constituted authorities, nor any body of the people of the State df South Carolina, will either attack or molest the United States Forts, in the harbor of Charleston, previous- ly to the action of the Convention, and we hope and believe, not until an oiler has been made, through an accredited representative, to negotiate for an amicable ar- rangement of all matters between the State and the Fed- eral Government, provided that no reinforcements shall be sent into those forts, and their relative military status shall remain as at present. JNO. McQTJEEN, \VM. PORCHEB MILES, M. L. BONITAM, W. \Y r . BQYCE, LAWRENCE M. KEITT. Washington, 9th Dec, 18G0. APPENDIX. 359 And here I must, in justice to myself, remark, that at the time the paper was presented to me, I objected to the word "provided," as it might be construed into an agree- ment, on my part, which I never would make. They said that nothing was farther from their intention — they did not so understand it, and I should not so consider it. It is evident they could enter into no reciprocal agreement with me on the subject. They did not profess to have authority to do this, and were acting in their individual character. I considered it as nothing more, in effect, than the promise of highly honorable gentlemen to exert their influence for the purpose expressed. The event has proven that they have faithfully kept this promise, although T have never since received a line from any one of them, or from any member of the Convention, on the subject. It is well known that it was my determination, and this I freely ex- pressed, not to reinforce the forts in the harbor, and thus produce a collision, until they had been actually attacked, or until I had certain evidence that they were about to be attacked. This paper I received most cordially, and con- sidered it as a happy omen that peace might still be pre- served, and that time might thus be gained for reflection. This is the whole foundation for the alleged pledge, But I aeted in the same manner I would have done had I entered into a positive and formal agreement with parties capable of contracting, although such an agreement would have been, on my part, from the nature of my official duties, impossible. The world knows that I have never sent any reinforce- ments to the forts in Charleston harbor, and I have cer- tainly never authorized any change to be made kV in their relative military status." Bearing upon this subject. I refer you to an order issued by the Secretary of War, on the 11th inst, to Major Ander- son, but not brought to my notice until the 21st instant. It is as follows : 300 APPENDIX. " Memorandum of verbal instructions to Major Anderson, 1st Artillery, Commanding Fort Moultrie, S. C. You are aware of tin- great anxiety of the Secretary of War thai a collision of the troops with the people of this State shall be avoided) and of his studied determination to pursue a course with reference to the military force and forts in this harbor, which shall guard against such a col- lision. He has, therefore, carefully abstained from increas- ing tlic force at this point, or taking any measures which might add to the present excited Btate of the public mind, or which would throw any doubt on the confidence he feels thai South Carolina will not attempl by violence to obtain possession of the public works, or interfere with their occu- pancy. But as the counsel and acts of rash and impulsive persons may possibly disappoint these expectations of the Government, he deems it proper that you should lie pre- pared wiih instructions to meet so unhappy a contingency, lie has, therefore, directed me. verhally, to give you such instructions. You are carefully to avoid every act which would need- lessly tend to provoke aggression ; and, for thai reason, you are not, without evident and imminent necessity, to lake up any position which could he construed into the assump- tion of 8, hostile attitude ; hut yon are to hold possession of the forts in this harbor, and. if attacked, you are to defend yourself to the last extremity. The smallness of your force will not permit you, perhaps, to occupy more than one of the three forts; hut an attack on, or attempt to take possession of either of them, will he regarded as an act of hostility, and you may then put your command into either of them which you may deem most proper, to increase its power of resistance. You are also authorized to take simi- lar defensive steps whenever you have tangible evidence of a design to proceed to a hostile act. I). P. BUTLER, Assistant Adjutant General. Fort Moultrie, S. C, Dec. 11, I860. This is in conformity to my instructions to Major Buell. JOHN B. FLOYD, Secretary of War. APPENDIX. 361 These were the last instructions transmitted to Major Anderson before his removal to Fort Sumter, with a single exception in regard to a particular which docs not, in any degree, affect the present question. Under these circum- stances, it is clear that Major Anderson acted upon his own responsibility, and without authority, unless, indeed, he had "tangible evidence of a design to proceed to a hostile act," on the part of the authorities of South Carolina, which has not yet been alleged. Still, he is a brave and honorable officer; and justice requires that he should not be con- demned without a fair hearing. Be this as it may, when I learned that Major Anderson had left Fort Moultrie, and proceeded to Fort Sumter, my first promptings were to command him to return to his former position, and there to await the contingencies pre- sented in his instructions. This could only have been done, with any degree of safety to the command, by the concur- rence of the South Carolina authorities. But, before any steps could possibly have been taken in this direction, we received information, dated on the 28th instant, that '"the Palmetto flag floated out to the breeze at Castle Piuckney, and a large military force went over last night (the 27th) to Fort Moultrie." Thus the authorities of South Carolina, without waiting or asking tor any explanation, and doubt- less believing, as you have expressed it, thai the officer had acted not only without, but against my orders, on the very next day after the night when the removal was made, seized, by a military force, two of the three federal forts in the harbor of Charleston, and have covered them under their own flag, instead of that of the United States. At this gloomy period of our history, startling events suceeed each other rapidly. On the very day (the 27th instant) that possession of these two forts was taken, the Palmetto flag was raised over the Federal Custom House and Post-office in Charleston ; and, on the same day, every officer of the Customs — Collector, ^Naval Officers, Surveyor and Apprais- ers — resigned their offices. And this, although it was well known, from the language of my message, that, as an execu- APPENDIX. five officer, I felt myself bound to colled the revenue at the ]><>rt of Charleston under existing laws. In the harbor of Charleston, we now find three torts confronting each other, over all of which the federal flag floated only four days ago; but now, over two of them, this flag has been Bupplanted, and the Palmetto flag lias been substituted in its stead, [t is, under all these circumstances, thai I am urged immediately to withdraw the troops from the harbor pf Charleston, and am informed that without this, negotiation is impossible: This I cannot do; this I will not do. Such an idea was never thought of by me in any possible con- tingency. Xo allusion to it had ever been made in any communication between myself and any human being. I!- ut the inference is, that I am bound to withdraw the troops from the only fort remaining in the possession of the United States in the harbor of Charleston, because the officer then in command of all the forts thought proper, without instruc- tions, to change his position from one of them to another. I cannot admit the justice of any such inference. At tliis point of writing, I have received information, by telegram, from Captain Humphreys, in command of the Arsenal at Charleston, "that it has to-day (Sunday, the 30th) been taken by force of arms." It is estimated that the munitions of war belonging to the I'nited States in this Arsenal are worth half a million of dollars. Comment is needless. After this information, I have only to add, that, whilst it is my duty to defend fort Sumter, as a portion of the public property of the United States against hostile attacks from whatever quarter they may come, by such means as I may possess for this pur- pose, I do not perceive how such a defence can lie con- st nr-d into a menace against the City of Charleston. With great personal regard, I remain Yours, very respectfully, JAMES BUCHANAN. To Honorable Bobbet "W. Barnwell, James II. Adams, James L. Our. APPENDIX. 363 [reply of commissioners to the president.] "Washington, I). C, January 1st, 1861. Sir: AVe have the honor to acknowledge the receipt of your Jotter of the 30th December, in reply to a note ad- dressed by us to you on the 28th of the same month, as Commissioners from South Carolina. In reference to the declaration with which your reply commences, that "your position as President of the United States was clearly defined in the Message to Congress of the 3d instant," that you possess "no power to change the relations heretofore existing" between South Carolina and the United States, ••much less to acknowledge the inde- pendence of that State;" and that, consequently, you could meet us only as private gentlemen of the highest character, with an entire willingness to communicate to Cong any proposition we might have to make, we deem it only necessary to say. that the State of South Carolina having, in the exercise of that great right of self-government which underlies all our political organizations, declared herself sovereign and independent, we, as her representatives, felt no special solicitude as to the character in which you might recognize us. Satisfied that the State had simply exercised her unquestionable right, we were prepared, in order to reach substantial good, to waive the formal con- siderations which your constitutional scruples might have prevented you from extending. We came here, therefore, expecting to he received as you did receive us, and per- fectly content with that entire willingness of which you assured us, to submit any proposition to Congress which we might have to make upon the subject of the independ- ence of the State. That willingness was ample recognition of the condition of public affairs which rendered our pres- ence accessary. In this position, however, it is our duty, both to the State which we represent and to ourselves, to correct several important misconceptions of our letter into which you have fallen. 8 i 1 APPENDIX. You Bay, '-It was my earnesl desire that such a disposi- tion might be made of the whole subjed by Congress, who alone possesses the power to prevenl the inauguration of a civil war between the parties in regard to the po session of ili. Federal forts in the harbor of Charleston; and I, therefore, deeply regret that, in your opinion, 'the events til' t lie last twenty-four hours render this impossible.' ' We expressed no such opinion, ami the language which you quote as ours, is altered in its sense by the omission of a EQOSl important part of the sentence. What we did say was: "But the events of the last twenty-four hours render such 'in assurance impossible." Place that "assurance" as contained in out- letter, in the sentence, and we are prepared to repeat it. in. professing to quote our language, yon say: — "Thus the authorities of South Carolina, without waiting or asking for any explanation, and, doubtless, believing, as yon have expressed it, that the officer had acted not only without, hnt against my orders," &c. We expressed no such opinion in reference to the belief of the people of South Carolina. The language which you have quoted, was applied solely and entirely to our assurance, obtained here, and based, as you well know, upon your own declara- tion — a declaration which, at that time, it was impossible for the authorities of South Carolina to have known. But, without following this letter into all its details, we propose only to meet the chief points of the argument. Some weeks ago, the State of South Carolina declared her intention, in the existing condition of public affairs, to secede from the United States. She called a Convention of her people, to put her declaration in force. The Con- vention met, and passed the Ordinance of Secession. All this you anticipated, and your course of action was thor- oughly considered. In your annual message, you declared you had no right, and would not attempt, to coerce a seced- ing State, but that you were bound by your constitutional oath, and would defend the property of the United States within the borders of South Carolina, if an attempt was APPENDIX. 365 made to take it by force. Seeing very early that this ques- tion of property was a difficult and delicate one, you mani- fested a desire to settle it without collision. You did not reinforce the garrisons in the harbor of Charleston. You removed a distinguished and veteran officer from the com- mand of Fort Moultrie, because he attempted to increase his supply of ammunition. You refused to send additional troops to the same garrison when applied for by the officer appointed to succeed him. You accepted the resignation of the oldest and most efficient member of your Cabinet, rather than allow these garrisons to be strengthened. You compelled an officer stationed at Fort Sumter, to return immediately to the Arsenal, forty muskets which he had taken to arm his men. Yon expressed not to one, but to many, of the most distinguished of our public characters, whose testimony will be placed upon the record, whenever it is necessary, your anxiety for a peaceful termination of this controversy, and your willingness not to disturb the military status of the forts, if Commissioners should be sent to the Government, whose communications you prom- ised to submit to Congress. You received and acted on assurances from the highest official authorities of South Carolina, that no attempt would be made to disturb your possession of the forts and property of the United States, if you would not disturb their existing condition until Commissioners had been sent, and the attempt to negotiate had failed. You took from the members of the House of Representatives, a written memorandum that no such attempt should be made, "provided that no reinforcements shall be sent into those forts, and their relative military status shall remain as at present." And, although you attach no force to the acceptance of such a paper, although you "considered it as nothing more in effect than the promise of highly honorable gentlemen," as an obligation on one side without corresponding obligation on the other, it must be remembered (if we are rightly informed) that you were pledged, if you ever did send reinforcements, to return it to those from whom you had received it before APPENDIX. you executed your resolution. You sent orders to your officers, commanding them Btrictly to follow a line <>f con- duct in conformity with such an understanding. Beside all this, you had received formal and official notice from the Governor of South Carolina, that we had been appointed Commissioners, and were on our way to Washington. You knew the implied condition under which we came; our arrival was notified to yon. and an hour appointed for an interview. We arrived in Washing- ton on Wednesday, at three o'clock, and you appointed an interview with us at one the next day. Early on that day, Thursday, the news was received here of the movement of Major Anderson. That news was eoniinuuicated to you immediately, and you postponed our meeting until half- past two o'clock, on Friday, in order that you might eon- suit your Cabinet. On Friday we saw you, and we called upon you then to redeem your pledge. You could not deny it. With the tacts we have stated, and in the face of the crowning and conclusive fact, that your Secretary of War had resigned his seat in the Cabinet, upon the publicly avowed ground that the action of Major Anderson had violated the pledged faith of the < rovernment, and that un- less the pledge was instantly redeemed, he was dishonored; denial was impossible ; you did not deny it. You do, not deny it now, hut you seek to escape from its obligation on two grounds : 1st, Thai w* terminated all negotiation by demanding, as a preliminary, the withdrawal of the United States troops from the harbor of Charleston ; and 2d, Thai the authorities of South Carolina, instead of asking expla- nation, and giving you the opportunity to vindicate your- self, took possession of other property of the United States. AVe will examine both. In the first place, we deny positively, that we have over, in any way, made any such demand. Our letter is in your possession ; it will stand by this on the record. In it, we inform you of the objects of our mission. We say that it would have been our duty to have assured you of our readi- ness to commence negotiations with the most earnest and APPENDIX. 367 anxious desire to settle all questions between us amicably, and to our mutual advantage, but that events had rendered that assurance impossible. We stated the events, and we said that, until some satisfactory explanation of these events was given us, we could not proceed, and then, hav- ing made this request for explanation, we added, "and, in conclusion, we would urge upon you the immediate with- drawal of the troops from the harbor of Charleston. I nder present circumstances they are a standing menace, which renders negotiation impossible,' 1 not only without orders, but against orders."' What the State did. was in simple self-defence : for this act, with all its attending circumstances, was as much war as firing a volley : and war being thus begun, until those commencing it explained their action, and disavowed their intention, there was no room for delay ; and, even at this moment, while we are writing, it is more than probable, from the tenor of your letter, that reinforcements are hurrying on to the conflict, so that when the first gun shall be tired, there will have been, on your part, one continuous consistent series of actions commencing in a demonstration essentially warlike, supported by regular reinforcement, and terminat- ing in defe.it or victory. And all this without the slight- est provocation ; for, among the many things which you i4 370 APPBNDtX. have Baid, there ia one thing you cannot say — you have waited anxiously fqr news from the Beal of war. in hopes that delay would furnish soi scuse for this precipitation. Bill this "tangible evidence of a design to proceed to a hostile art. on the pari of the authorities of South Caro- lina." (which is the oidy justification of Major Anderson,) you are forced to admit "has not yet been alleged." But you have decided. You have resolved to hold by force what you have obtained through our misplaced confidence, and by refusing to disavow the action of Major Anderson, have converted his violation of orders into a legitimate act of your Executive authority. Be the issue what it may. of this we are assured, that if Fort Moultrie has been recorded in history as a memorial of Carolina gallantry, Fort Sum- ter will live upon the succeeding page as an imperishable testimony of Carolina faith. By your course, you have probably rendered civil war inevitable. Be it so. If you choose to force this issue upon as, the State of South Carolina will accept it, and relying upon Him who is the Grod of justice as well as the <}od of hosts, will endeavor to perform the great duty which lies before her, hopefully, bravely and thoroughly. Our mission being one for negotiation and peace, and your note leaving us without hope of a withdrawal of the troops from Fori Sumter, <>r of the restoration of the status quo existing at the time of our arrival, and intimating, as we think, your determination to reinforce the garrison in the Earbor of Charleston, we respectfully inform you that we propose returning to Charleston on to-morrow after- noon. We have the honor to lie sir, very respectfully, Your obedient servants, R. W. BARNWELL, J. II. ADAMS, JAMES L. ORR, Commissioners. To his Excellency the President of the United States. APPENDIX. The last communication is endorsed as follows: 371 Executive Mansion, . 3| o'clock, Wednesday. This paper, just presented to the President, is of such a character that he declines to receive it. STAT KM KXT - Of Messrs. Miles and K'nir. op what transpired* between the president and the south • Carolina Deleg ltion. In compliance with the request of the Convention, we beg leave to make the following statement : On Saturday, the 8th of December, several of the South Carolina delegation, including ourselves, waited upon the President. At this time, there was a growing belief thai reinforcements were on the eve of being sent to the toils in Charleston harbor. It was known that the subject was fre- quently and earnestly discussed in the Cabinet. It was rumored that General Cass and Mr. Holt were urgent that reinforcements should ho sent. Upon our being announced, the President, who was thou in Cabinet Council, came out to us in the ante-room. We at once entered into a conver- sation upon the topic" which was so closely occupying his thoughts as well as ours. The President seemed mueh disturbed and moved. He told us that he had had a pain- ful interview with the wile of Major Anderson, who had come on from New York to sec him. She had manifested great anxiety and distress ;it the situation of her hushand, whom she seemed to consider in momentary danger of an attack from an excited and Lawless mob. The President professed to feel a deep responsibility resting upon him to protect the lives of Major Anderson and his command. "We told him that the news that reinforcements were on their way to Charleston, would he the surest means of pro- voking what Mrs. Anderson apprehended, and what he so much deprecated. We said, further, that we did not believe that Major Anderson was in any danger of such an attack; that the general sentiment of the State was against any such proceeding. That, prior to the action of the State Convention, then only ten days off, we felt satisfied that APPENDIX. 373 there would be no attempt to molest the forts in any way. That, after the Convention met — while we could not pos- sibly undertake to say what that body would see tit to do — we yet hoped and believed that nothing would be done until we had first endeavored, by duly accredited Commis- sioners, to negotiate for a peaceful settlement of all mat- ters, including the delivery of the forts, between South Carolina and the Federal Government. At the same time, we again reiterated our solemn belief that any change in the then existing condition ^i' things in Charleston harbor, would, in the excited state o\' feeling at home, inevitably precipitate a collision. The impression made upon us was, that the President was wavering, and had not decided what coarse he would pursue, lie said he was glad to have had this conversation with us, hut would prefer that we should give him a written memorandum of the substance of what we had said. This we did on Monday, the 10th. It was in these words : To his Excellency James Buchak \x, President of (he United Stales: In compliance with our statement to you yesterday, we now express to you our strong convictions that neither the constituted authorities, nor any body of the people of the State of South Carolina, will either attack or molest the United States forts in the harbor of Charleston, previously to the action of the Convention, and we hope and believe not until an offer has been made, through an accredited representative, to negotiate for an amicable arrangement of all matters between the State and the Federal Government, provided that no reinforcements shall be sent into those forts, and their relative military status shall remain as at present. JOHN McQUEEN, WM. PORCHER MILES, M. L. BOXIIAM, YV. W. BOYCE, LAWRENCE M. KEITT. Washington, 9th December, 1860. 374 APPENDIX. The Presidenl did not like the word "provided," because it Looked us if we were binding him while avowing that we had no authority to commil the Convention. We told him thai we did not bo understand it. We were expressing our convictions and belief, predicated upon the maintenance of ;i certain condition of things, which maintenance was abso- lutely and entirely in his power. It' he maintained such condition, then we believed that collision would be avoided until the attempt at a peaceable negotiation had failed. It* lie did not, then we solemnly assured him that we believed collision must inevitably, and at once, be precipitated, lie seemed satisfied, and said it was not Ids intention to send reinforcements, or make any change. We explained to him what we meant by the words " relative military Btatus," as applied to the forts; mentioned the difference between Major Anderson's occupying his then position at Fort Moultrie, and throwing himself into Fort Sumter. We stated that the latter step would be equivalent to reinforc- ing the garrison, and would just as certainly as the sending of fresh troops, lead to the result which we both desired to avoid. When we rose to go, the President said in substance, •• After all, this is a matter of honor among gentlemen. I do not know that any paper or writing is necessary. We understand each other." One of the delegation, just before leaving the room, remarked : "Mr. President, you have de- termined to let things remain as they are. and not to send reinforcements; but, suppose that you were hereafter to change your policy for any reason, what then? That would put us, who are willing to use our personal influence to prevent any attack upon the forts before Commissioners are sent on to Washington, in rather an embarrassing posi- tion." "Then," said the President, l ' I would first return yon this paper." We do not pretend to give the exact words on either side, but we are sure we give the sense of Loth. The above is a full and exact account of what passed between the President and the delegation. The President, in his letter to our Commissioners, tries to give the impres- APPENDIX. O(0 sion that our "understanding" or "agreement" was not a "pledge." We confess we are not sufficiently versed in the wiles of diplomacy to feci the force of this "distinction without a difference." Hor can we understand how. in "a matter of honor among gentlemen," in which tk no paper or writing is necessary," the very party who was willing to put it on that high footing can honorably descend to mere verbal criticism, to purge himself of what all gentlemen and men of honor must consider a breach of faith. The very fact that we (tie' representatives from South Carolina) were not authorized to commit or "pledge" the State, were not treating with the President as accredited minis- ters, with full powers, hut as gentlemen, assuming, to a certain extent, the delicate task of undertaking to fore- shadow the course and policy of the State, should have made the President the more ready to strengthen our hands to bring about ami carry out that course and policy which lie professed to have as much at heart as we had. While we were not authorized to say that the Convention would not order the occupation of the forts immediately after secession, and prior to the sending on of Commissioners, the President, as Commander-in-chief of the Army and Navy of the United States, could most positively say, that so long as South Carolina abstained from attacking and seizing the forts, he would not send reinforcements to them, or allow their relative military status to be changed. We were acting in the capacity of gentlemen holding certain prominent positions, and anxious to exert such influence as we might possess to effect a peaceful solution of pending political difficulties, and prevent, if possible, the horrors of war. The President was acting in a double capacity ; not only as a gentleman, whose influence in carrying out his share of the understanding, or agreement, was potential, but as the head of the army, and, therefore, having the abso- lute control of the whole matter of reinforcing or transfer- ring, the garrison at Charleston. But we have dwelt long enough upon this point. Suffice it to say, that considering the President as bound in honor, if not by treaty stipula- 376 APPENDIX. tions, no1 to make any change in the forte, or to send rein- forcements to them, unless they were attacked, we of the ition who were elected to the Convention, felt equally bound in honor to do every thing on our part to prevent any premature collision. This Convention can bear us witness as to whether or not we endeavored honorably to carry out our share of the agreement. The published debates at the very commencement of the session, contain the evidence of our good faith. We trust- ed the President We believed his wishes concurred with his policy, and that both were directed to avoiding any inauguration of hostilities. We were confirmed in our confidence, and reassured in our belief by a significant event which took place subsequent to our interview. Ee allowed his premier Cabinet officer, an old and tried friend, to resign, rather than yield to his solicitations for the rein- forcement of the garrison at Charleston. We urged this as a convincing proof of his firmness and sincerity. But how have we been deceived! The news of Major Ander- son's coup produced a sudden and unexpected change in the President's policy. While declaring that his with- drawal from Fort Moultrie to Fort Sumter was "without orders, and contrary to orders," he yet refused, for twelve hours, to take any action in the matter. For twelve hours, ther< fore, without any excuse, he refused to redeem his plighted word. Xo subsequent acts on the part of our ►State — no after reasons — can wipe away the stain which he suffered to rest upon his "honor as a gentleman," while those hours, big with portentous events, rolled slowly by. His Secretary of War, impatient of a delay, every moment of which he felt touched his own honor, resigned, lie did so solely on the ground that the faith of the govern- ment — solemnly pledged — was broken, if it failed promptly to undo what had been done contrary to its wishes — against its settled policy — and in violation of its distinct agreement. The President accepted his resignation without comment, lie did not attempt to disabuse the mind of his Secretary as to what was tbe true position of the Government. W T hat ti APrEXDix. 37? spectacle does the President's vacillating and disingenuous course present! He allows one Secretary to resign rather than abandon a policy which lie has agreed upon. Scarcely hare a few short weeks elapsed, and he accepts the resig- nation of another, rather than adhere to that vci'y policy. He makes an agreement with gentlemen which, while he admits that they have faithfully kept it on their part, he himself evades and repudiates. And this he docs rather than redress a wrong — correct an error — what he himself considers an error — committed by a subordinate, without his orders, and contrary to his wishes! It was at least due to Air. Floyd, who, as one of his Cabinet, had officially and personally stood by his administration from its very com- mencement — through good report, and through evil report — to have explained to him that he was, iy the President's opin- ion, laboring under a misapprehension. At least, to have said to him, "von are mistaken about this matter — do not leave me on a false issue." But no; he coldly, ungra- ciously, yet promptly receives the resignation without a syllable of remonstrance, and thus tacitly, hut unequivo- cally, accepts without shame the issue presented, lie does not deny that the faith of his government is pledged, hut he deliberately refuses to redeem it. WM. PORCHER MILES. LAURENCE M. KEITT. REPORT OF THE COMMITTEE ON THE MILI- TARY; WITH THE ACCOMPANYING RESOLU- TIONS. The Special Committee on the Military, to whom was referred so much of the communication of his Excellency, Gov. I'iekens, and accompanying documents as relates to the transfer of enlisted troops, arms, ordnance and muni- tions of war, to the Government of the Confederate States, to the Coast defences and Volunteers in the service of this State, and the resolution of Mr. Orr as to the troops raised for the defence of this State, &c, beg leave to Report : That they have had the matters referred under considera- tion, and the matters which specially engaged their atten- tion were. ///•>/. the uumber and amount of arms, ordnance and munitions of war which it was proper to transfer, and the mode of settlement therefor. They have deemed it expedient to turn over to the Confederate Government all such as have been purchased since the 20th of December last and are now in our possession, and such other arms, ordnance and munitions (including those taken in the forts and arsenals in this State lately in the possession of the United States Government), as the Governor and Board of Ordnance may deem it advisable to transfer with a due regard to the safety and defence of this State. Secondly. — The transfer of the regular enlisted troops now in the service of the State to the Government of the Confederate States. This your Committee are of opinion should be done without delay; but, in doing so, the Gov- ernor should insist upon the preservation of their present organization and the maintenance of the rank of the offi- cers, if practical so to do under the provisions of the Act APPENDIX. 379 of the Congress of the Confederate . entitled an ••Art to raise Provisional Forces for the Confederate States of America, and for other purposes." This we have the assurance, in the communication of his Excellency, will be urged by him as far as practicable. Thirdly. — The tender of volunteers to the Confederate States, and providing for their entering the Bervice of the Confederate States, under the Aet of Congress referred to. Your Committee have arrived at the conclusion, that while the assent of this Stat.' should be cheerfully yielded under the provisions of the Act of the Confederate Congress, yel it is but proper that preferences should be given to the forces already in service and those now organized under the Act of the Legislature of this State at its lasl session. The propriety of this course is bo manifestly just to these forces, their efficiency, discipline and preparation bo fully completed, and the promptness by which, with their tender and consent, they can be thrown into the field, that your Committee deem it unnecessary to discuss it at length. In east these forces do not furnish a sufficient number to an- swer the call of the President of the Confederate State-, then it follows that volunteers from other sources can ten- der their services to supply the deficiency ; hut your Com- mittee apprehend no such contingency, under the resolu- tions they submit on these subjects. The reports of Gen. I). F. Jamison, of the War Depart- ment, and of the Hon. A. C Garlington, of the Interior and Coast Defence, furnish valuable information as to the con- dition for defence the State now occupies, that your Com- mittee recommend that live hundred copies of each be printed for the use of this Convention, and for distribution thereby. There is one other subject that has occupied the attention of your Committee, incidentally connected with the matters referred to them, and that is the mode of payment we are to adopt by which this State is to he paid, and reimbursed for her military expenditures, &c, since our Act of Seces- sion. Your Committee are of opinion that for such por- APPENDIX. tinn .it" the amounl which will be due thia State by the Confederate Government, upon a settlement for bur dis- bursements, should lit' received in the Bonds of the < lonfed- States, now about to be issued under the fifteen million loan provided for by Act of the Confederate Congress, except what will be necessary to prevenl embarrassment to the finances of our Treasury, and they beg leave to recom- mend the adoption of a resolution herewith submitted on that subject. Four Committee, therefore, beg leave to report the accompanying resolutions, and recommend their adoption. All of which is respectfully submitted. W. W. HARLLEE, Chairman. Resolutions to provide for the transfer of arms, ordnance, and munitions of war, by this State to the Government of the Confederate States of America. Resolved, That the Governor be, and is hereby, author- ized to transfer to the authorities of the Confederate States of America all of the ordnance, arms and munition of war, which have been purchased by the authorities of this State, and now in her possession, since the twentieth day of December last, except such as he, with the Board of ( >rdnance, may think it advisable to retain, upon payment to this State of the cost and expenses thereof, or securing such payment to the satisfaction of the Governor and Council. That he, also, by and with the advice and consent of the Board of Ordnance, transfer to the said Confederate Gov- ernment all of the arms, ordnance, and munitions of war which have been taken in the forts and arsenals of this State, lately in possession of the Government of the United States, except such as, in their discretion, should he retained for the use and defence of the State, taking therefor such receipts and assurances as will secure to this State the value thereof, or will indemnify the State in any account- ing which may hereafter he had with the United States ( Government. APPENDIX. 381 And that the Governor and Board of Ordnance be au- thorized and directed to turn over all the arms, ordnance, and munitions of war to the authorities of the Confederate States, in possession of this State, upon payment therefor, or securing such payment, which, in their discretion, can he spared consistently with the safety and defence of this State. Resolution to provide for the transfer of the regular en- listed troops of this State to the Government of tin' Confederate States. Resolved, That it is proper that the regular troops which have heen enlisted in the service of the State, should be transferred, for the remainder of their term of enlistment, to the service of the Confederate States ; hut that in doing so, justice requires that all the officers should receive com- missions of tin' same grade for at least the period of enlist- ment of the troops, and that the Governor of the State he authorized to make arrangements accordingly for such transfer with the President of the Confederate States, and to endeavor to preserve, if practicable, the rank of all the officers. Resolutions to provide for tendering a Volunteer Force t<» the Confederate States. /,' solved. That it is the sense of this Convention that (lie sudden call which was gallantly answered by the First Regiment of South Carolina Volunteers, now in the service, and the valuable services which that Regiment has ren- dered, give it a just claim to an honorable discharge, as soon as the pressing exigency of State affairs will, in the judgment of the Governor, permit; hut that, if it should be the desire of the said Regiment to prolong its service, then il mall have the privilege of being the tir^t corps transferred to the service of the Confederate States, upon making the necessary change in their term of enrolment: and that if the whole Regiment shall not desire to extend the term, hut a number of Companies and men sufficient, 382 APPENDIX. with the aid ofprompl recruiting, to form an efficient Regi- ment, shall choose to do bo, they Bhal] have the same privi- and shall retain the regimental name and colors. /,' olved, That if the services of the Firsl Regiment shall not 1'" needed in the field for the whole of their term of six months, the Governor may, at his discretion, permit the whole or any part of the Regimenl to return to their homes, subject to his call whenever it may be requisite during the said term — their pay and allowance being sus- pended while so at home — and that in the event of a treaty of peace being made between the Confederate States and the United States before the expiration of the said term, the Governor shall be authorized to disband the said Regi- ment. Resolved, That whenever a Volunteer Force shall he called for by the Government of the Confederate States, the Governor he authorized to call for as many Regiments of the twelve months' volunteers already organized as may he needed ; and that if the said Regiment shall consent to no into the service of the Confederate states, they shall he transferred accordingly; and if the whole of any Regiment shall not so consent, hut Companies and men enough shall do so to form, by aid of recruiting, an efficient Regiment, such Regimenl shall he transferred in the same manner; provided, that preference shall he given to the said Regi- ments in the order in which they now rank". Resolved, That in case a sufficient number he not raised from these organizations, then any other Companies, Bat- talions or Regiments are hereby authorized to volunteer and tender their services till the requisite number is sup- plied and received. REPORT OF THE SECRETARY OF STATE. State of South Carolina. Executive Office, Department of State. Charleston, 'lAih March, 1861. Sir: In obedience bo a resolution of the Executive Coun- cil; I beg respectfully to report to you such matters trans- acted in the department of the Executive Council under my charge, as may be of interest to the Convention. The printed series of Executive Documents which ac- company this report, will fully and sufficiently explain the circumstances which induced them. To these, no more particular reference is necessary, than such as it may be proper to make in explanation of the mission committed to the lion. T. W. Hayne. The real purpose of that mission was to determine with precision the precise position occu- pied by the Government of the United States to the State, of South Carolina, The repulse of the "Star of the West"' changed, or rather defined more sharply the former rela- tions of the State; and the communication of the com- mander of Fort Sumter required that the power to execute a purpose like that threatened by him, should not be within the control of any one longer than was necessary to accom- plish its overthrow. To demand the surrender of the Fort therefore, became a duty; and if a duty, to transfer the demand to the Government by which only the transfer could be ordered, was manifestly proper. In the prosecu- tion of the demand, it was regarded as fortunate that cir- cumstances not invited by the State, but yet commanding its respectful attention, should have intervened; and that these should have led to the exposure of the pretended grounds, upon which the maintenance of Fort Sumter was rested by the Government of the United States ; and, at the same time, in a just deference to the wishes of sister ■> \ APPENDIX. States, have incidentally involved a delay of great c quence to the Btate in the preparation of its defem Among the papers of this Department which arc not published, but which may be of interest, are the despatches communicated to the Commissioners of the Btate to the several Suites, then about to Becede. These despatches show the interest taken in the welfare of that State sup- posed to be the most defenceless. The Commissioner to Florida was requested to give to that State the assurance that its cause was regarded by the other States with as much solicitude as their own: and that in anticipation o[' the Convention of the seceding States, a common necessity should induce a common obligation on these States to share with each other the means of defence, or the dangers of attack. The more full expression of these opinions will he found in tin 1 copies of despatches herewith enclosed. No occasion has arisen, in which it was considered neces- sary, during the separate condition of the State, to require distinctly from the representative of any Foreign Power the recognition of its political independence, except in the case of the appointment of a successor to the Spanish Con- sul, at this port. The communication then addressed to Mr. Mom-ado, will show the course pursued, in regard to such officials, within the State. Upon the ascertainment of the fact, thai the President of the Tinted States had recognized a successor to Mr. Moncado, a letter was ad- dressed to that gentleman, informing him that his suc- cessor would not he allowed to exercise his office within the limits of the State, unless he would present his creden- tials, and he recognized by the Governor, of this State. The hope was expressed that the Consul who was then in office should he allowed to remain at this port. The letter was communicated by the Spanish Consul to the Spanish Min- ister at Washington. The successor who was recognized, has not, however, appeared. At this stage of the corres- pondence, the papers were transferred to the Department of State, at Montgomery. The several documents, as directed by a resolution of the APPENDIX. 385 Convention, have been delivered to the representatives of Foreign Powers, at Washington. It was intended that a Special Commissioner should be sent to the principal Courts of Europe. But the meeting of the Convention of the seceding States at an early day, and other considerations, also, of a controlling character, led to the conclusion that, under the circumstances, it would be most expedient not to send any persons charged with that duty. Respectfully, your obedient servant, A. G. MAGRATH. For the Governor. 25 REPORT OF THE SECRETARY OF WAR. Executive Obeice, Department ob Wab,, Charktton, 8. C. March 25th, 1861. To his Bxcellepcy Governor Pickens: Bib.: In compliance with a resolution of the Executive Council, requiring the several heads of Departments to make a report to your Excellency of such matters as may lie necessary to give information of the presenl condition of tlic State, and of the policy and acts of cadi of tlte Executive Departments, since the adjournment of the Con- vention, I have tlir honor to lay before yon a brief sum- mary of what has been done in the Department with which I have been entrusted. At the rising of the Convention, on the 5th of January last, tlic important and almost exclusive subject which engaged our attention was the occupation, by a hostile force, "I' an almost impregnable fortress within our harbor, and the chief difficulty with which we had to contend, arose from the extreme wanl of every offensive preparation for the reduction of tic fort, or for preventing the entrance of reinforcements within our waters. The great wanl was the very insufficient supply of ammunition and implements for guns of heavy calibre. Of cannon powder, '27,000 lbs. Only were in the possession of the State and of this a con- siderable quantity had been sent to the batteries erected to defend the entrances to the harhors of Georgetown and Beaufort, which left less than 20.000 IPs. near this city, or not more than sufficient to have kept up a tire for three hours on the day when the "Star of the West," approached within our bar. Of shot and shell the supply was in the same meagre proportion, except of 24-pounder shot, which had been left at Fort Moultrie when that fort was evacuated APPENDIX. 387 by the troops of the United States. Added to this, the guns which had been spiked, and the gun carriages burnt, at Fort Moultrie, had not been replaced: not a battery had been erected which bore on Fort Sumter, and the ap- proaches to the harbor were only defended by the unin- jured guns at Fort Moultrie and three 24-pounder guns, mounted en barbette, on a hastily constructed and imperfect earth-work, on Morris' island. Since the time mentioned, the supply of cannon powder has been increased to 240,450 lbs.,* with 40,000 lbs. of musket and 46,900 lbs. of rifle powder. Besides this. a large quantity of ordnance stores, as shells, balls, friction tubes, percussion caps, lead, cartridge paper, cartridge bags, artillery, infantry and rifle equipments, have been purchased, and they are now on hand or in the course of construction and manufacture, through the indefatigable labors of the Board of Ordnance. During the same period, three 9-inch Dahlgren guns and seven 10-inch mortars have been purchased, together with six hundred and tifty Enfield rifles and five hundred Colt's navy revolvers. The corps of Engineers have been, likewise, unremit- tingly employed in the construction of works for the reduc- tion of Fort Sumter, and the defence of the entrances to the harbor. At Fort Moultrie, on Sullivan's island, the injured guns have been replaced, and all, amounting to thirty-eight in number, of various calibres, have been protected by well constructed merlons ; the magazine has been made bomb- proof, and other works have been erected for the- security of the garrison. To the east of Fort Moultrie, on the same island, the entrance to MatHt's channel has been defended by a battery of one 8-inch howitzer, two 32-pounders and two 24-pounders. Between that battery and Fort Moultrie there is a mixed battery of three 10-inch mortars and two 32-pounders. West of Fort Moultrie, at about two hundred yards distance from the fort, a battery of two 10-inch mor- ? This does not include 25,000 lbs. of powder purchased at Richmond as cannon powder, but which is of little use except for blasting purposes. 388 APPKNIUX. tare has been erected; and an enfilade battery o\' two 82 and tw<> 24-pounders has been erected at a point of Sulli- van's island, nearesl to Fort Bumter. Besides these on Sullivan's island, there areftwo 12-pounder guns and a full field-battery of artillery at Breach inlet, a1 the extreme eastern point of the island. On Morris' island, at Oummings' Point, a battery of lour mortal's lias been erected. Near this, a battery of three 8-inch columbiads, covered with heavy timbers and railroad in>n. At the termination of the parallel, or covered way, there is a mortar battery of two mortars. These all bear on Fort Sumter. The channel is defended by a battery, designated as battery APPENDIX. gratefhl acknowledgment, and should not be omitted in this statement of the resources of the State for its defence. The most liberal offers were received, and a number of laborers, greatly exceeding the want for them, was always made al the call of the State As many as could beadvau- tageously employed were constantly in the Bervice of the . in the construction of the defences of the harbor, until the recenl advance of the Bpring has suspended tho call. SUMMARY OF RECEIPTS AND DISBURSEMENTS. Received from the first loan $250,000 00 " the loan for the "Military de- fence Of the State" InT. (KM) 00 /,',<•, ived from donations 22,275 00 $159,275 00 Expt mini — Miscellaneous charges, includ- ing pay of the troops, &c, &c. .$101,606 00 Quarter-master's department. . . . '201,472 00 Commissary's Department 76,520 00 Contingent expenses and un- classified charges 6,431 00 For Coast Police and Naval Ser- vice 44,853 00 Recruiting Service 13,935 00— $444,817 00 By a communication from the Board of Ordnance to His Excellency the Governor, it appears that that BoarcJ has expended $195,500 in the purchase of ordnance, arms, equipments and munitions of war. This exceeds the sum Of $150,000, which was appropriated by the legislature to the Ordnance Bureau; Imt the expenditures being neces- sary for the "Military defence of the State," will constitute a charge on the appropriation for that purpose, which this department must defray. 1 am with great respect, Your obedient servant, EDWARD FROST, Secretary of the Treasury. REPORT OF THE SECRETARY OF THE INTERIOR. State of South Carolina, Executive Department, Office of the Interior, Charleston, Morel, 2Qth, 1861. To his Excellency Governor Pickens : Sir : — In obedience to a resolution of the Council, I submit the following' Report from the Department, which was assigned to me in the distribution of the Executive labors. As to matters falling within the Department of the Inte- rior proper, it is hardly necessary for me to say anything, nothing having occurred in relation thereto which deserves special notice. The most important matters connected with this Depart- ment, and to which its chief attention has been directed, have been the Sea Coast Police, and the Sea ('oast De- fences of the Slate. At an early day after your Excellency assumed the duties of the Executive. Col. G-wynn was or- dered by your Excellency to make a reconnoissance of the sea coast of South Carolina, and select such points as, in his judgment, should be fortified for the purpose of de- fending our territory against marauding parties, who might come into our waters in small craft, to commit depreda- tions upon the property of our citizens. The defence of our long line of sea coast against an enemy en force was not contemplated. To render such defences effectual, would require means beyond the resources of the State. The general character of our sea coast is such, that it pre- sents few obstacles to the landing of troops, at almost any point, in small boats. Its whole line is interseeted by numerous inlets and creeks, of easy access to small craft. Besides, there are many deep and bold rivers into which AlM'KNhlX. vessels of large drafl may safely enter. While, therefore, our sea coast would lie- much exposed to the ravages of an enemy, tin- difficulty of guarding effectually its whole line with fortifications is insurmountable. The objeel had in vie?) was to erect works, principally of earth, to guard those entrances which were most accessible, and which could be most easily defended, not against an enemy en force, but against marauding parties, who it was supposed might, in the event of hostilities between the two sections, descend upon our coast in vessels of light draft to commit acts of depredation and violence. A reconnoissance of the coast, from the mouth of Little river, near the North Carolina, to Callibogue Sound, near the mouth of the Savannah river, has been made by the engineers in charge; and at many of the points indi- cated, redoubts and other works have been erected. Many of these works have been completed, and others were in progress, when the Government at Montgomery assumed the charge of our military operations and defences. With the exception of the fortifications commanding the en- trance into Winyaw Bay, none ot them have been garri- soned. These works were the first that were completed, and, under the energetic supervision of Col. Alston, were provided at an early day with ordnance and ordnance stores, and also garrisoned by a sufficient number of troops to man the guns. Since the action of the Congress at Montgomery, which put our operations under the charge of the Provisional. Government, little lias been done to- wards the completion of the works, which were at that time unfinished. These defences of the coast have, heen erected at comparatively little cost to the State. The planters in their vicinity have, with commendable liberality, in the majority of cases, gratuitously furnished the labor required to erect them. For a more particular description of these various works, I refer to the reports of the Engineers in charge, and espe- cially to the reports of Col. Charles Alston, Jr., and Col. Elliot, wdio had the general direction of them, under orders APPENDIX. 399 from your Excellency. At the request of your Excellency, and in company with Capt llartstene, who was ordered to make a report on this subject, I made, in the month of February last, an inspection of these works, from George- town to the mouth of the Savannah river. I refer to his report as containing a more particular statement of the progress which had been made towards their completion) and also of what was further required to render them as efficient as the circumstances -would admit of. At the time when 1 assumed the duties of this Depart- ment, your Excellency had already established a Police for Charleston Harbor — first, to prevent a change in the status of the forts; and. secondly, to prevent reinforcements being introduced into Fort Sumter. After the occupation of Fort Sumter by Major Anderson, and before the erection of bat- teries on Morris' island, this Police was chiefly relied on to prevent that fortress being reinforced. Tt was, therefore, thoroughly organized, and rendered as efficient as possible with the means at our command. Small boats were sta- tioned by day near the Bar, for the purpose of keeping watch upon vessels approaching our harbor, and if at all suspicious, to examine them, and by means of signal- ar- ranged for the purpose, to notify the different posts in the harbor of their real character. A night Police was also established, consisting of the most suitable vessels that could be procured, having on board detachments of armed men, with orders to cru during the night time near the Bar, and keep a vigilant look out for the enemy, and repel any attempt to reinforce Fort Sumter with all the means in their power. To their vigilance may be justly accorded a share of the honor of the successful repulsion from our waters of the " Star of the West" by the battery on Morris' island. Her approach was observed and signalled to that post. This Police was committed principally to the charge of the officers of the United States Navy, who had resigned and tendered their services to the State. And it is due to these gallant officers that I should say, that in this capacity, 400 APPENDIX. humble, though it be, compared with the stations which they had before filled in their country's service, they have, in <\vrv instance, entered upon the discharge of their duties with alacrity and spirit, and rendered most important >>r- vicc to tic State. It is also proper that I should make favorable mention of the services which have been rendered in this Depart- ment by the young men who abandoned the Naval School of the Cnited States, and tendered themselves to the State. They were assigned to this Police, and have bees constantly employed in its service. During the greater part of the time, -James II. North, late Lieutenant in the United States Navy, has had the command of this force. Immediately on his arrival here, he was appointed to this service with the rank of Captain in the South Carolina Navy, and has per- formed his duty with promptness and ability. The Legislature, at its last session, passed "An Act for the establishment of a Coast Police for the State of South Carolina," which enacted that the Governor should pur- chase or procure three vessels of light draught, to be pro- pelled by steam and canvas, and to be armed with one or more guns, and otherwise equipped, so as to be made an efficient police for the coast and inlets of the State. To carry ou1 the provisions of this Act, the sum of $150,000 was appropriated. In order to remove the embarrassments which it was supposed might arise in restricting the Gov- ernor to the purchase of vessels of a particular description^ a resolution was also passed by the Legislature, authorizing him, in effect, to procure such Vessels as he might deem lit for the service proposed, provided no larger sum than the $150,000, appropriated by the Act referred to, should be used'for the purpose. In order to carry out the object of this Act and Resolu- tion, I appointed a commission, composed of scientific and practical men in the City of Charleston, to examine all the vessels in Charleston harbor, and also to make inquiry elsewhere, and report whether any could be procured which wcic adapted to the service intended. Their report satis- APPENDIX. 401 fied me that there were no vessels in our waters which were suitable in every respect, and which could be bought on reasonable terms. It was believed that they might be purchased at the North, but, after diligent inquiry, only one could be found that it was thought expedient to pur- chase: the "James Gray," an iron propeller, built for the navigation of James river. Lieut. Dozier was despatched to Kichmond, and negotiated the purchase of this steamer at the price of $30,00(). to be delivered at Charleston. She has since been titled out under the name of the " Lady Davis," and carries two twenty-fonr pounder howitzers on her decks. Under the Act referred to. enlistments of sea- men were begun, and had reached the number of thirty, when it was thought best to suspend any further effort to complete this organization, on account of the action of the Provisional Congress looking to the establishment of a Xavy for the common (Government. These enlisted sea- men have served to relieve the detachments of volunteers which have been detailed for duty as a night guard in the harbor, and are now employed in that service. For a state- ment, in detail, of the vessels employed in the ('oast Police, the officers and crews of each, and of the officers of the United States Xavy who have resigned and entered the service of the State, and also their rank, I refer to the report of Captain dames II. North, dated the 4th .March, and on file in the Executive office. It is believed that two additional steamers of lighter draught than the "Lady Davie," and having proper armaments, would be sufficient for the ('oast Police of this State 1 — that is, to cruise along our coast and into our inlets, with the view to intercept lawless incursions into our territory. Without such ves- sels, some of the entrances along our coast will be entirely unguarded. This is especially true of Port Royal entrance and St. Helena Sound. These cannot be defended by means of batteries on land; and unless armed vessels are provided for these waters the adjacent country will be left entirely exposed. This matter, it is understood, has alread}'' been considered by the Secretary of Xavy at Montgomery, 26 102 APPENDIX. ami Baitable vessels, it is believed, will Boon be procured for the Bervice Indicated; Tn conclusion. I have the pleas- ure to state that, in my judgment, with the small means at their disposal, and under the pressing necessity <>f concen- trating the resources of the State for the defence of < !harles» ton harbor, which thus far has been the theatre of OUU larger military preparations, everything has been done which was practicable, by the State authorities, for the defence of the sea-coasl of the State. Respectfully submitted. A. G. GARLINGTO^, Secretary of the Interior, including Sea-coast Dt fences* REPORT OF THE POST-OFFICE DEPARTMENT. Si ate of South Carolina. Post-office and Customs Bureau. Charleston, March 260^ 1861. Sir : I beg leave to say, that in the department to which T was assigned by your Excellency, as one of the Executive Council, I have very little to communicate that will be necessary for you to communicate to the Convention of the people of tins State. The Postal arrangements have been continued as they existed at the time of the secession of the State from the late Union. Aiter the Ordinance of the Convention continuing the officers of the Post-office department as before, upon the application of several Post-masters for instructions. I issued a circular instructing them to make their returns and ac- counts to the Department at Washington as previously. »<> long as the mails were transported under their contracts and authority. This course has been pursued so far as I know, and as yet I have been aware of no interruption of mail facilities in ihe State. In relation to the delivery and receipt of the mails to and from Fort Sumter, under your direction, I proposed to Major Anderson to have them delivered to, and by his boats, at Fort Johnson, to which he assented; the neces- sary orders were issued for this purpose, and in this way mail communication has been kept up, without complaint, so far as I am aware, with that post. The papers and correspondence on this subject will be found embraced in the correspondence between Hon. A. Q-. Magrath, of the State Department, and Hon. J. Holt, Post-master-Oeneral at Washington, and have alreadv been ■104 APPENDIX. made public. That portion of Customs with wliii.li my de- partment was connected, was in reference to Light Souses and Buoys in the harbor and coast, and with the Vessels connected with that service. CFnder your direction, soon after the evacuation of Fort Moultrie by the garrison of the United States and their possession of Fort Sumter, I directed the lights in the liar- bors of Charleston, Beaufort and Georgetown to be extin- guished, and the buoys in these harbors respectively to be removed, in order to prevent by these means, as far as practicable, the supplies of provisions, men. ..v.e.. to Fort Sumter, as well as to prevent hostile ships from coming into our waters. This course is still pursued, as I learn from those now in authority. Upon the organization of the Provisional Government of the Confederate Stales, and the Treasury and Post-office departments thereof, I felt that my duties in the department to which I had been assigned by your Excellency had determined, and I conse- quently requested the officers both of the Customs ami Post-office, with -whom I had been connected, to report and advise with the respective heads of departments ^>[' the Confederate states, which has been done. It gives me great pleasure, in closing this report, to bear my cheerful testimony to the efficiency, discretion and promptness of the gentlemen at the head of the I'ost-otlice and Customs, respectively, in the Citj of Charleston, and thus publicly tender them my thanks (which I have done privately) for the cheerful assistance and suggestions which I have at all times received from them, in the discharge of the duties of the position assigned me. I have the honor to be, W'l-y respectfully, Your obedient servant, W. W. HARLLEE. To his Excellency F. W. PlOKEffS. REPORT OF ENGROSSING COMMITTEE, AS TO PUBLICATION OF SECRET JOURNAL. The Committee on Engrossed Ordinances, to whom it was referred : Firzl. To inquire and report "what resolutions and orders of the Convention, passed in secrel session, and how much and what portion of the secret journal may now he made public without impropriety;" and Secondly, To consider and report upon the following res- olution, to wit: "Resolved, That the injunction of secrecy be removed from the proceedings and debates of this Con- vention on the Constitution of the Confederate States of America: and that the journals of this Convention and of its proceedings thereon, shall lie published under the super- vision of the President of this Convention, so soon as the injunction of secrecy shall he removed from the proceed- ings and debates of the Convention of the Congress assem- bled at Montgomery, which formed said Constitution," having considered these matters, beg leave to Report: That they were attended by the Clerk of the Convention, and with him carefully and minutely perused the journals of the secret sessions of this body, from the 22d day of December, A. D. 1860, when the Convention first sat with closed doors, until the present time. They find that the injunction of secrecy has already been removed from the Ordinances and the more important Resolutions which have been adopted. Your Committee cannot say that the re- moval of the injunction of secrecy from tlie remainder of the transactions of the Convention, and their consequent 406 APPENDIX. publication is either improper or incompatible with the public interests. There are a class of resolutions, the publication of which, it was objected in the Committee, might give rise to a mis* conception of the real views, and a misconstruction o\' the true action of this body. To these the attention of the ( lonvention is invited. On the 27th day of December of the last year, the morn- ing after Major Anderson had, under cover of the night; dismantled and abandoned Fort Moultrie, and taken mili- tary and hostile occupation of Fort Sumter, a Delegate offered the following resolution: "Resolved, That it is the' sense of this Convention, that the occupation of Fort Sumter ought at once to be regarded as an authorized occupation, and vigorous military defences provided immediately;" which was ordered to lie on the table. Many other resolutions to the same effect were, from time to time, presented, and were also either ordered to lie on the table or rejected. To remove the injunction of secrecy, and publish to the world these and kindred res- olutions, it was suggested might lead to the idea that the Convention had, by their action on them, declined to enter- tain, or assert, and perhaps had denied, the principles therein declared, and had thus placed themselves somewhat in op- position to the views expressed in their behalf by our Com- missioners to the Government at Washington. In this view your Committee do not concur. It is well known to the members of this body, that in truth and in fact, the Convention intended thereby to express no opinion as to the authority and character of Major Anderson's occu- pation, the same not having been then, as yet, affirmed, denied or adopted by the then Administration, and our Commissioners having, at that time, this, with other com- plicated and delicate questions, for explanation and, if pos- sible, for adjustment. The reasons thus indicated, which induced the action of the Convention, do not, it is true, appear on the face of the journal or accompany the record; but this may be said of the proceedings in all legislative APPENDIX. 407 bodies, and which, therefore, at last, must, in a great meas- ure, depend upon contemporaneous history for their expla- nation and vindication. In reference to the publication of the debates on the sub- ject of the adoption of the Constitution of the Confederate States of America, your Committee do not perceive how the same could be done under the authority of this body, as no official record of them was kept under its directions. They would, therefore, recommend the adoption of the fol- lowing resolutions: 1. Resolved, That the injunction of secrecy be removed from all the transactions of this Convention in secret ses- sion, except in relation to tlie debates on the Constitution of the Confederate States of America, and the matter this day directed by the Convention to be kept secret. 2. Resolved, That as soon as the injunction of secrecy shall be removed from the proceedings and debates of the Convention of Delegates, lately assembled at Montgomery, the injunction of secrecy shall likewise be removed from the debates of this Convention on the Constitution sub- mitted foi the Confederate States of America. 3. Resolved, That live hundred copies of the journal, public and secret, and of the reports, resolutions and trans- actions of this Convention be printed, and separately five hundred copies in the following order: of 1. All the Ordinances passed by the Convention, in the order of time, (except the Ordinances of Ratification ;) to- gether with 2. The Bills to amend the Constitution of this State, rati- fied during the late session of the General Assembly. 3. The Resolutions for engrossing the Constitution. 4. The Constitution of the State as engrossed. 5. The Constitution of the Provisional Government of the Confederate States of America. ti. Tin 1 Constitution of the Confederate States of America. 7. The Ordinance oi' Ratification. 8. The Resolutions suggesting amendments. 1 report: That the Ordinance adopted by this body on the day of the adjournment oi' its first session, entitled, "An Ordi- nance to vest in the General Assembly the power to estab- lish Postal Arrangements," has been duly engrossed under the supervision of the Committee, and deposited in the office oi the Secretary of State for safe-keeping. Respectfully submitted. THOMAS Y. SIMONS. Chairman. The Committee on Engrossed Ordinances report: That the Ordinances and Resolutions referred to them have been duly engrossed and ratified by the signature of the President and the attestation of the Clerk, t<> wit: 1. An Ordinance ratifying the Constitution of the Con- federate States of America. 2. A Resolution suggesting amendments thereto. 3. An Ordinance to amend an Ordinance concerning citizenship. 412 APPENDIX. 4. An Ordinance to amend and to repeal sundry Ordi- aancea and t<> alter the fourth article and sundry sections of the Constitution. 5. An Ordinance to alter the tenth section of the first article of the ('(institution of the State of South Carolina, and the amendment thereof ratified the twenty-eighth day of January, A. I). 1861 : also, to alter the tenth section of the amendment ratified on the seventeenth day of Decem- ber, 1808, and likewise the second clause of the eleventh article of the Constitution aforesaid. 6. An Ordinance to ratify the Provisional Constitution and Government of the Confederate States of America. 7. An Ordinance to repeal in part and to alter in part an Ordinance to amend the Constitution of the State in respect to the Executive Department. 8. An Ordinance to transfer to the Government of the Confederate States of America the use and occupancy of the forts, arsenals, navy yards, custom houses, and other public sites within the limits of this State. 9. A Resolution to provide for the transfer of arms, ordnance, and munitions of Avar, by this State to the Gov- ernment of the Confederate States of America. 10. A Resolution to transfer the regular enlisted troops of this State to the Government of the Confederate States. 11. A Resolution to provide for tendering volunteer forces to the Confederate States. 1 -. A Resolution authorizing the Governor to commission the officers of the volunteer companies in certain cases. Respectfully submitted. THOMAS V. SIMoXS. Chairman. COMMUOTCATION FROM HIS EXCELLENCY THE GOVERNOR. State of South Carolina, Executive Department, Charleston, March 28, 1861. To the President and Members of the Convention: Gentlemen: On the 1:2th day of February last, the Con- federate Government adopted the following resolution: " Resolved, That this Government takes under its charge the questions and difficulties now existing between several States of this Confederacy and the Government of the United States, relating to the occupation of Forts, Arsenals, Navy Yards, and other public establishments; and thai the President of the Cotigress be directed to communicate this resolution to the Governors of the States." And on the 1st day of March, the Secretary of War wrote me in the following language : "Under this Act the President directs me to inform you that he assumes control of all the military operations of your State, having reference to, or connected with, ques- tions between your State and powers foreign to it. " He also directs me to request you to communicate to the Department without delay, the quantity and character of arms and munitions of war which have been acquired from the United States, and which are now in the Forts, Arsenals and Navy Yards of your State, and all other anus and munitions which your State may desire to turn over and make chargeable to this Government." The Provisional Government for the Confederate States was created by your authority, through delegates appointed to meet other delegates from all the seceding States, and. therefore, I consider the acts of the Provisional Govern- ment as binding upon South Carolina. By virtue of this 414 APPENDIX. authority, the President of the Confederate Government, on the third of this month, placed General Beauregard in full command of all forces in actual service, in and around Charleston. Ee is a scientific and thorough-hred officer, and in» appointment could have been more acceptable. I did not think I was fully authorized to transfer the enlisted forces of South Carolina over to the Confederate Government, because their enlistment was in the nature of a contract with the State, the conditions of which could not be varied, except by the authority of the Convention. I have transmitted to the Secretary of War of the Con- federate States a full and accurate list of the officers that have been appointed in the regular enlisted service of this State, and took occasion to say that I would refer the mat- ter to the Convention to determine and fix the conditions upon which this force should he transferred over to the Confederate Government. It was a force raised under peculiar circumstances of great excitement and peril, and the officers have been selected with strict regard, in most instances, to military services heretofore rendered in the late Mexican war, or in reference to their rank and position in the late United States Army. I respectfully urge, therefore, that the Convention may preserve their rank and commissions, as far as possible, in any arrangement or transfer they may make of them to the Confederate Government. This force was enlisted for one year, and in any events that may arise, it will require at least six hundred men to garrison the foils in Charleston harbor, and it will also require a company permanently sta- tioned at the mouth of StonO, and one near Georgetown, at least one, if not more, at and near Beaufort : in all eight hundred men. W there should be any continued agitation or apprehension of protracted war, t hen, of course, it would require many more. If the Confederate Government would receive this enlisted force with their officers, then they might constitute, for their term of service, the permanent garrison force on the sea-coast of South Carolina. We happened to be the pioneer Scate in the great movements APPENDIX. 415 that have taken place in the last three months, and this force was suddenly raised under circumstances requiring tlif sternest character. They have served faithfully, and their General has been a brave and meritorious officer in the Palmetto Regiment through the Mexican war. and of great experience as Adjutant and [nspectoi>Gcneral, appointed by the Legislature for many years. The other field officers and captains, with hut a single exception, have also either served through the same war. or been graduates of West Point, and officers in the United States Army. It may then he said, as tar as officers are concerned, to he as effi- cient a force for the number as can he obtained. I, therefore, most respectfully urge that the Convention will effectually guard and preserve their rights in any ar- rangement or disposition they may adopt in reference to their transfer to the Confederate Government. The high- toned and noble regiment, commanded by Col. Gregg, was organized under resolutions adopted by your body. They were called forth at a time when we expected an immediate conflict o{' arms, and under the powers granted me by the Convention. 1 entrusted, to a great extent, their formation to their patriotic and gifted commander. The term of ser- vice for which they volunteered was only six months, and I believe they do not propose a longer term now, unless there should he some prospect of a more general state of hostilities. But I communicate with this a report from the Secretary of War, and refer to the details there presented for a more full account of the forces that have been em- ployed. I most cordially adopt that report, and recommend its clear and truthful representations to the earnest atten- tion of the Convention. 1 send on. also, with this, copies of all letters that have passed, in relation to the military forces of this State, from myself to the President of the Confederate States, and the Secretaries of War and Navy, together with their replies. I make this communication in order that the Convention may fully understand all that has been done, and the par- ticular interests involved. 1 doubt the right to make the 416 Al'l'KNIUX. transfer of these forces and fix the conditions that may be accessary, except through the Convention. I also communicate with this reports from the different heads (>t Bureaus or Departments, and refer, with great satisfaction, to them as not only showing the ability and faithfulness with which each one of them has administered tin' affairs under his particular charge, hut also to show, that if the Executive has been at all successful in adminis- tering the duties of office, it was principally owing to the very able Council with which he was surrounded. It was by a resolution of the Convention that this Council was appointed. One of its most useful and patriotic members has been transferred to the Administration of the Confed- erate Government; and I have appointed the Hon. Edward Frost a member of the Council in his place. It was re- quired by the resolution appointing this Council, that I should refer any nomination to your body for confirmation. I, therefore, now respect full}' refer to you this nomination for your continuation. It will lie seen by the report from the Treasury Depart- ment, that our expenditures have been $640,317 tsix hun- dred and forty thousand three hundred and seventeen dollars); of this amount, $195,500 was expended by the Ordnance Hoard. This includes what has been expended for ordnance and munitions of all kinds. As to all ex- penses incurred since the 20th of December last, the day on which South Carolina seceded from the old Confeder- acy, I take it for granted the Government of the Confed- erate States will become responsible to us for the amount, as it was incurred in defence of a common cause, and par- ticularly as the Confederate ( rovernment expressly assumed jurisdiction of all questions between us and any other gov- ernments relating to defences and military operations. It will he perceived that, through a communication from the Secretary of War at Montgomery, I was particularly requested to turn over all arms and munitions received from the Arsenal of the United States in this city, and also all other arms I might think proper. I suppose the APPENDIX. 417 ordnance and arms the State owned itself, which were pur- chased in 1850 and 1851, might with great propriety be retained by the State now. as also some small arms in the late United States Arsenal, essential to arm our volunteer force if called into service, ought to be retained: but all ordnance and munitions of war procured and purchased recently, might be very appropriately turned over to the Confederate Government; and I most respectfully call the attention of the Convention to tliis subject, as connected with any arrangement they might make in reference to the transfer of our regular forces to the Confederate Sta1 I herewith transmit the Ordinances and Resolutions oi' the different States that have seceded, and would call attention to the obvious propriety of providing for them, together with our own Ordinance on the same subject, some suitable place of safe deposit. They are the simple, hut authentic records of events well calculated to produce a profound impression upon the future destiny of our country. Heretofore in the history of the world, the great struggle has been to secure the personal rights of individuals. In former times, the power of government absorbed all indi- vidual or personal rights of citizens. But our English ancestors, by their sturdy virtues, engrafted, at different periods, such grants and restrictions upon the British Con- stitution, as effectually secured personal rights, and as far as that branch of liberty is involved, they made it as per- fect as in any other country. To secure the political rights of separate and indepen- dent communities, required a higher and broader range of political experience. The guarantees for persona] rights in England Avas a great advance over the old feudal system of Europe ; and it was then left to the separate States of America to develop a higher experience over a larger extent of territory, in those guarantees necessary to secure the local rights of separate anil independent communities, united under one common government. The old Constitution was intended to effect this advance 27 U'PKMMX. in the Bcience of government, and it' it had been properly administered, would Lave continued to develop the mighty resources and power of a wonderful people. But, under rlie combination of ambition with fanaticism, they attempt- ed to organize the great massed of the people, so as to act together in a consolidated majority, and administer the common government without regard to the sacred guar- antees by which the local rights and interests of separate communities should lie preserved under the absolute con- trol of their separate governments. This, of course, re- versed tin' whole philosophy of our peculiar system, and it' permitted to become successful, would have given us no advance over the European system of government. In fact, it would have placed us hehind them in progress, for many of their mosl enlightened and powerful governments asserted the doctrine and acted upon it. that governments and dynasties can be changed by pofpular sovereignty, cx- pressed through universal suffrage, in independent commu- nities; and they avow this as a substitute lor the old theory of divine and hereditary right. Under our old articles of confederation the government had failed, and the Constitution <>f the United States grew out of the force of circumstances, and was adopted in order to secure, at that period, a more perfect union to enable us to resist foreign aggression. We 'nave outgrown that state of things, and the danger lately was not from foreign aggression, but from internal corruption, and from an assumption in parts and majorities, of absolute govern-^ ment over other parts, without reference to the limitations and reservations of the compact. Thus, that Constitution ran its career and fulfilled its destiny, under the perverted and vitiated idea that we were a consolidated people. Under prejudices fostered by designing men, and under the worst passions inflamed by had men, an absolute majority was created, who assumed that their will must uecessarily he the government, instead of the fixed prin- ciples of the Constitution, which were intended to guard the local rights and interests of the separate and hide- APPENDIX. -Iiy pendent communities which composed the Confederacy of States. Our State, true to the great principles upon which the Confederacy was formed, and true to those great and pro- gressive ideas which were so identified with American Independence, was forced to resume her original powers of government; and if she succeeds in engrafting the funda- mental right of a separate and independent State to with- draw from any Confederacy that may he formed, whenever her people, in sovereign convention assembled, shall so decide, then she will have made another advance in the science of government, and added another guarantee to the great principle of civil liberty. And if this principle could he secured without an appeal to arms and hlood.it would show that the country has progressed in civilization and intelligence, so far as to he able to settle all controver- sies and issues involving political rights by an appeal to reason, to interest, to free discussion, to conventions, to treaties and covenants, rather than by an appeal to brutal force. True, we have encountered misrepresentation and abuse, and for a people so small in numbers as we are. to make such an issue as we did, was full of danger and difficulty. But no people are tit to he free unless they are able to treat denunciation with indifference and to meet danger with fortitude. From peculiar circumstances. South Carolina was called on to take the first step in this march to independence. She had to encounter the first shock in the bitterness and tierce passions of our opponents. Those who had mastered the power of the Government, and were fondly gazing on the rich and ripe fruit supposed to be just within their grasp, naturally exasperated in disappointment, caused by this State interposing to arrest them in their lawless career of mad ambition and wild fanaticism. For a period we were surrounded with great difficulties, and threatened with danger that appeared imminent. As far as the Executive is concerned, I always considered 420 APPENDIX. that the peculiar mission of this State was. by a firm and temperate course, to lay the foundation of a new Confed- cy of Siatcs. homogeneous in feeling and interest, with Bnch institutions and domestic civilization as would unite them in