r^0 ^°% •-"-•••■/ \."-^S^** . ^° 'i A ■vt-O' 'bV" ^°-;^, ',^0^ 0* .>' ^^^ :. > 4 •O.'^ ^ ' ro* .V .'^^ HO, -<-' ABBKEI^^ OF THE ^Tm, 1 aa^ismA^ OF EXPLAINING THEIM REASONS THE REPORT OF THE JOINT COMMITTEE ON FEDER4L RELATIONS, ON THE AIMI^S^BMISMT OF THE CONSTITUTIONAIi OATH OF OFFICE WITH ACCOMPANYING DOCUMENTS. PRINTED AT THE HiyE, OFFICE. COLOMBIA, S. C. DECEMBER 16, 188.4. FZ7 3 TO THK PEOFIiE OF SOUTH CAROIilNA. We the minority of the Senate and House of Representatives, feel it a duty we owe to ourselves, to our constitutents and tlie country at large, to state the course we have persued, during; the prcsei;t ses- sion of the Legislature, in relation to the all ahsorbing questions, which have heen before it, and the j)rinciples on which we have act- ed in accepting the terms of accommodation, which we hope and believe will restore harmony to our community. VVlien the legislature had been in session a few days, tlie bill to amend the constitution of the State, which in the last legislature had been proposed by a constitutional majority, was pressed to a hasty reading, with the understanding, that two thirds of the whole repre- sentation in both branches would pass it. At the same time a bill was introduced to define treason, and notice was also given, that leave would be asked to bring in a bill to an. end the Judiciary system of the State. These measures led to the conviction on our minds, t!)at the majority were determined, not only to pass the amendment of the Constitution requiring an oath of allegiance to the State, bu! to give it a construction, which we regarded as violating the (constitution of the United States ; and to enforce that construction, witliout leaving us any of the ordinary peaceable means of resistance. When there- fore, the amendment was finally passed in pur iespecti\e houses, sve gave notice, that we should enter on the journals our solemn protest against it. But before it became nece:-sary to do so, a report was made by the joint committ' e of both houses on federal relations, on sundry petitions and menorials of citizens from various paits of the State, against the liew oath of office, in which it was distinctly declar- ed by the said committee, that '■'the alles^iance required by the amend- " nient^ is that allegiance^ which every citizen owes to the State con- " sistently ivilh the Constitution of the United States^ When that report was taken up, it was adopted, in both houses, by large majori- ties of those, who supported the amendment of the constitution. This we regarded as an offer of reconciliation, and a pledge that the bills defining treason and to amend the judiciary were not intended to be passed: and to shew our confidence, that this was the course intend- ed to be persued by the majority, we immediately withdrew our notice of protest, and waited events. These have not disappointed our ex- pectations. The bills to define treason and to alter the judiciary have not been pressed to a second reading, nor passed. We have therefore, decided (or ourselves, and recommend you, to withdraw all objections to the new oath of office, now incorporated in the constitution according to the forms of our government, by /// -> which, while we shall pledge ourselves ''to be failhlul and (rue alle- *( giance bear to the State," wo shall also swear, '7o the best of our j ^^ abilities, to preserve, protect, and defend the Constitution of the I *' United States.'' A It is, fellow citiz"ns, under these circumstarees, and with these r^ views, that we have acccj)ted llie terms of acconiniodalion, in the same spirit of kindness, and witli the same anxious desire to restore har- ^ niony to our distracted State, with which we believe thej have been #^ tendered. We ask not of the majority to surrender any opinions, * which they conscientiously hold, nor on our part do we intend to sur- render ours. VV^e consider this effort at conciliation, thus happily sue- cesful,as webeleivethe majority regard it, to be the understanding be- tween the two great political parties of the State, that the new oath of allegiance shall receive that construclion, which is consistent with the Constitution of the United States. For ourselves we accej)t it, in the full confidence, that it means no more tiian that we will be faithful to the State in performing all her constitutional requisitions and will bear her, "true allegiance" to the full extent of all her reserved rights and sovereign powers, and that this is not inconsistent with the obli- gations we owe, and the allegiance we bear to the United States to the full extent of all tiie powers conferred by the federal constitution. And we do not deem it inconsistent with the good faith, with v.hich we have accepted this accommodation, and intend to maintain it, to de- clare, that while we are swearing to be faithful to the State, we intend "to support the Constitution and Laws of the United States, "made in pursuance thereof, as the supreme law of the land." SENATORS. JAMES CMESNUT, From Kershaw, KASHA CANNON, " Darlington, BANNISTER STONE, " Greenville, 11 E N R Y D U R A N T, " Homj, J A M ES R. E K Y 1 N, " Chesterfield, JOSEPIT ROGER, Jun. " St. George, Dorchcstc; , THOMAS POOLE, " Spartanburg, ROBT. D. MONTGOMERY, " Lancaster, JOHN P. RICHARDSON, " Clarendon, PAUL WESTON, " Christ Ckurrh, DAVID D. WILSON, " Williamsburg, JOHN N. DAVLS, " St. James\ Gonsc Creek, RE PRE SENT A TIVES. BENJAMLN MASSEY, ) . . „• , . , JOHN MONTGOMERY, ) Lancaster iJistrict. W. J. BUFORD, Williamsburg District. JOHN CRAWFORD, ) JI. H. THOMSON, t THERON EARLE, J? Sj)artanbnrg District. S. L. WESTMC RELAND, 1 ANDREW BARRY, ] J. W. PICKET Horry District. WILSON GOBB, MICAJAH BERRY, \ Greenville Disirkt. ,,! JOHN H.HARRISON, M. M. LEVY, ^ JOS. CUNNINGHAM, '> Kershaw District. E. MAYHEW, j DAVID S.T. DUBOSE, ) „, , r»- . , WILLIAM R. BURGES, j ^^^'-'^don District. JOHN L. STROHECKER, St. James, Goose Creek, DAVID GAVIN, St. George, Dorchester. JOHN MIDDLETON, ) Chester fee Id District JOHN N. WILLIAMS, T „ , , »• , • . ROBERT ERVIN, f Darhnsttn BtitrtU. WILLIAM C. BEATTY, 1 JAMES M. LOVE, |^ ,v , ,.•,., THOMAS WILLIAMS, Jr. f i"?/^ ^^"^/"ic^ GORDAN MOORE, j J. M. RIGHTON, Christ Church Farhh. Oath of office required by the Constitution ofl'i'-JO. 1, All persons wliu shall be cliusen or appointed to ;inj officii ot profit or trust, before cnterinjr on tlie execution thereof, shiill ttiko the followina oath : "I do swear (or affirm) that I am duly qualified, according to iho Constitution of this Stale, to exercise the office to which I have been appointed, and will, to the best of my abilities, discharge tlie duties theieof, and pres -rve, protect, and defend the Constitution of this State, and of the onued Siuu;*." Ordinance of the Convention of the State passed in 1833. We do further Ordain and declare, that the allegiance of tlie citizens of this State, while, they continue such, is due to the said Stale; and that obedi- ence only, and not allegiance, is due by them to any other power or authority, to whom a control over them has been, or may be delegated by the State: and the General Assembly of the said State is hereby enipowered, from lime to time, when they may deem it proper, to provide for the administration to the citizens «nd officers of the State, or such of the said officers as they may think fit, of suitable oaths or affirmations, binding them to the observance of such allegiance, ;and abjuring ail otker allegiance; and, also, to define what shall amoiini to a violaion oiiiieir allegiance, and to provide the projier punishment for such violation. Amendment of the Oath of office passed the present session of the Legislature. Every person who shall be chosen oijappointed to any office of [)iofit or trust, before entering on the execution thereof, shall take the following oath "I do solemnly swear (or afliim) that I will be faithful and true allegiance bear to the State ol South Carolina so long as I may continue a citizen theieof: and that I am duly qualified, according to the Constitution of this state, to exer- cise the oflice to which I have been appointed; and that I will, to the best of my abilities discharge the duties thereof, and preserve, protect, and defend the Constitution of this State and of the United States. So help me GocJ." X'Ac iiU introduced into tHe Mause of Reprtst^tui'mes^ d~efi^ti2jg tjeusvu-. A BILL TO DEFINE AND PUNISH TREASON. Section 1. Be it enacted by the Senate and Honst- of Representatives now met and sitting in general assembly and by tiie aiitlioiity of the same, That il' a man do levy war against this State in tlie same, or be adherent to the ene- mies of the Stat<» vv'ithin the same, giving to tliem aid and comfort in tlie State or elsewhere, and theieof bo legally convicted of open deed by the evidence of two sufficient and lawful witnesses, or their own voluntary confession, the cases above rehearsed shall be judged treason, which extendeth to this Siate; and the person so convicted, shall sudei death without benefit of CIcigy. Section 2. Also every person or persons who sh-dl erect or establish, uv cause or procure to be erected or established, any Government sejiaraie from, «r independent of the Government of the State of South Caiolina within tli« limits thereof, unless by act of the Legislature of this State for that purpose first obtained ; or who shall in any such usurped Government hold or execute any office, legislative, ex cutive, judiciary or ministerial, by uliaievcr name such office may be distinguished or called ; or wh.o shall swear or otlierwise solemnly profess allegiance or fidelity to the same ; or who siiall umier [)!etext of authority derived fron), or protection afforded by such usurped Govern- ment, resist or oppose the due rxerution of the laws of iliis State, shall be adjudged guilty of high treason, arul shall be prooieded against and punished in the same manner as in the first clause of this Bill is provided. Section 3. Every person who shall attempt to establish siuh governnieiit by any other means than with the assent of the Legislature of this State, and in pursuance of such attempts, shall join with an\ other person or persons, iu any overt act for promoting such attempts, or who shall by writing or advised speaking, endeavor to instigate the peo|)le of this Siate to erect or establish such eovernment without such assent as aforesaid, shall be adjudged guilty oi a high crime and misdemeanor; and on conviction, shall be subject to such pains and penalties, not extending to life or niRmber, as the Court be- fore wiiom the conviction shall be, shall adjudge. Jl Bill to abolish the present Judieiary Si/sttm of this State Sf to re-orgam^e the same. Be it enacted by the Senate ani! Hiiuse o- R(!presentative<; now met and sitting in General Assembly, and by the authority of the same. That from and after the passing of this act, the Court of Appeals for the C»urts of Law and Equity, and also the circuit Courts both oi Law and Equity, as aow establish- ed by Law, be and the same are hereby abolished. And be it further enacted by the authority aforesaid. That the Sf^nafe and House of Representatives shall forlhwith proceed to elect, by joint ballot, six circuit Judges, who are heieby invesit;d with all the powers nnd are re«|uired to perform all the duties which now appertain to the cii'cuit Judges b t'' of Law and of Equity; and the said Judges are hereby also invested with such appellate Jurisdiction, when sitting as a Court of Appeals according to the provisions of this act, as is now possessed and exercised by the present Court of Appeals. And be it fuilher enacted by the authority aforesaid. That this State shall be divided into six circuits, which shall be circuits ot boili Law and Equity ac cording to the ariangement hereinafter provided. And be it further enacted by the authority aforesiad. That the said Judges shall ride the circuits by rotation, and shall hold two Courts in each year in each Judicial District; and the cases in Law shall first be tiied, and next tive cases in Chancery, according to the modes of practice and rnlesef proceeding now offeree in each Court respectively. (9 AiiJ Uo ii iiii liini" eiiucled by llie aiiilioiiiy uluiesaicl, tlial in llie iulervals ol' tlie ciiciiits, llie s:ii(J Judges sliall, ;ii such limes as lliey sluill appoint, meet 4wioe a year in Columbia and twice a year in Cliarleslon, a majority of whom &hall constitute a quorum, to hear and determine appeals from the circuits; and thev shall exercise appellate Jurisdiction in all cases brought up fron) the cir- <'iiii Courts, both in L;;\v and L.cjuiiy, in the sanif! manner and with the same powci and authority, in all respects whatsoever, as is now exercised by the pr<'sent Court of Appeals. And be it further enacted by the auihority aforesaid, thit the First circuit shall consist of the courts of — to be h< Id at the following petiods, namely — The second circuit shall consist of tiie courts of to be lie'd at the feliowing ptiiods, namely • The third circuit shall eonsisl of tho conrls of ' to be held at the fylh)Tving periods, naniely The fouHh circuit sliall consist of the courts of to be held at tho fo'lowing periods, namely The fifth fiicuit shdi consist of ilie courts of to be held at the fol- lowing [)eriods, namely The sixth circuit shall consist of the conits of to be lield at the fol- lowing periods, namely And be it fuilher enacted by the aiilhorily aforesaid, that such parts of the act entillevi "an act to amend the Judiciary System uf this Slate" passed on the seventeenth day of December, one thousand eight hundred and twenty- four, and such parts of all other acts as are inconsistent with this act, be and the same are hereby repealed. The Rtport of ihe Jo'iiil Cominitfcc an Federal liclatiotis. The Joint Committee on Federal Ridaiions, to which was referred the inemori;\ls of sundry citizens of the Disiricts of Charleston, St. Luke's Parish, Orange Parish, Prince George VVioyaw, St. George's Dorchester, Hdgefield, Greenville, Union, Abbeville, Pendleton, Kershaw, Lancaster, Yoi k and Spanlanbuig, and the Parish of Christ Church, remonstrating against the pas- sa<>e of the amendment of the 4th article of the Constitution of this State bog Jeaveto K IMPORT: That they feel that under a Governnit-nt like ours not only every real grievance ef the citizen should meet with prompt redress on the part of the Legislature, but that even imaginary grievances, coining from a portion of ourfello.'- citi/. lis, siioidd obtain its respectful consideraiion. DivesM (1 ol all extrinsic considerations, the niemorialils complain that the i^i'^" Davie Davis Dubose, La.le, ^^^-^^^^ SiSm-=^ Wv,lk..r Ward WiL'tal!, Westmoreland, J. N. VVdh..ms. ^^N AYS -Adams Ancrnm, Booz.r, F. Bnrt, Caldwell, Colv.n. Dogan, J. n FdlJ-'dl Gamble Glove , Goode, Greaves, Jones, Kern, Laurens, Lan- D. Edvva.ds, '^''J"'^ •; ^'' ' » (..^,1 M^rdouph. Pea.son. Rembert, Shel- ^.:'';:;: •::l^:c:.^:;!t Z^:^::^o'^e report, tl. yea. and nay. were '^•^i^ts'^V N7bl";eaL!^?Xik^^^ Axson, Arnold. Barton. Barry. Berry. Gnurd