SOUTH CAROLINA. 



759 



He suggested the election of Governor, mem- 

 bers of Congress and Legislature, and Presi- 

 dential electors directly by the people, and that 

 the Legislature should be elected and convened 

 in season to order an election for Congressmen 

 before the first Monday of December. The fu- 

 ture, he said, will be bright. As long as civili- 

 zation continues, this great republic will flourish 

 and increase in numbers, wealth, and grandeur, 

 and in less than ten years we shall realize in the 

 loss of slavery a blessing in disguise to our- 

 selves and our children. He notified the Con- 

 vention of the reestablishment of the civil law 

 and courts. 



In relation to the colored troops, he said : 



It is a source of congratulation to know that the 

 colored troops, whose atrocious conduct has dis- 

 graced the service and filled the public mind with the 

 most horrible apprehensions, hare been withdrawn 

 from the interior of the State, and are to be placed in 

 garrisons on the coast, where they can do no further 

 mischief. In all my personal interviews with the 

 President, and in all my despatches to him, I urged 

 this course most earnestly. The white troops are, I 

 believe, doing their duty beneficially to the country, 

 in preserving the peace and good order of the State. 

 It is thought that their presence among us for some 

 time yet will be necessary, in order to enforce the 

 relative duties of the freedmen and their em- 

 ployers. 



The Convention was in session fifteen days. 

 In that time it adopted resolutions rescinding 

 the act of secession, abolishing slavery, cor- 

 recting the parish system of representation, ex- 

 tending to the people further political privi- 

 leges in the right of elections, and recommend- 

 ing to the Legislature to pass such laws as shall 

 contribute to the interests of the State and of 

 all the States. A new State Constitution was 

 formed and adopted. It declared " all power 

 is originally vested in the people, and all free 

 governments are founded on their authority, and 

 are instituted for their peace, safety, and hap- 

 piness." With regard to the slaves, it said : 

 " The slaves in South Carolina having been 

 emancipated by the action of the United States 

 authorities, neither slavery nor involuntary ser- 

 vitude, except for crime, whereof the party 

 shall have been duly convicted, shall ever be re- 

 established in this State." Representation in 

 the Legislature is placed upon the joint basis 

 of the amount of all taxes raised and the num- 

 ber of white inhabitants in each election dis- 

 trict. The taxes are to be assessed on the act- 

 ual value of property. The viva voce vote is 

 substituted in the General Assembly for the 

 suffrage by ballot. The term of the office of 

 Governor is extended to four years. He is to 

 be elected by the people, and possesses a veto 

 and pardoning power. The administration of 

 justice is to be conducted by Superior and In- 

 terior Courts to be organized by the Legislature. 

 An Inferior Court is to be located in each judi- 

 cial district, and to be specially charged with 

 the trial "of all civil cases wherein one or 

 both of the parties are persons of color, and of 

 all criminal cases wherein the accused is a per- 

 son of color." The qualification for suffrage is 



unchanged, except, as to aliens, no freehold is 

 required. 



The question of the competency of the colored 

 race as witnesses, was in a measure considered. 

 The following resolution was offered in tho 

 Convention, and referred to a committee : 



Resolved, That hereafter colored persons and ne- 

 groes shall be permitted to testify in all the courts 

 of the State, in all cases where the rights of persona 

 or of property of such persons may be concerned. 



The committee reported the following ordi- 

 nance : 



We, the People of the State of South Carolina, by 

 our Delegates in Convention met, do declare and or- 

 dain, and it is 7iereby declared and ordained, That 

 hereafter colored persons shall be permitted to testify 

 in all the courts of this State in all cases where the 

 rights of persons or of property of persons of that 

 class are involved. 



A resolution was then offered, that the Gen- 

 eral Assembly should prescribe such rules of 

 evidence and modes of trial as might be neces- 

 sary. A debate ensued, in which all were 

 agreed upon the cardinal point that some legis- 

 lation was necessary to provide for the admissi- 

 bility of the testimony of the freedmen into the 

 courts, but they differed as to the mode in which 

 such legislation should be effected and the 

 proper time for making it. A special commis- 

 sion of two was appointed to investigate the 

 subject, and report to the Legislature. 



The following letter was received by the 

 Provisional Governor from the Secretary of 

 State at Washington : 



DEPARTMENT OP STATE, WASHINGTON, Sept 29, 1865. 

 To Jiio Excellency JB. F. Perry, Provisional Governor 

 of the State of South Carolina, Columbia. 



SIR : I have nad the honor to receive, and submit- 

 ted to the President, your letter of August 28th, in 

 which you state, "I desire to be instructed as to my 

 duty after the State Convention of South Carolina 

 shall have formed a State Constitution abolishing 

 slavery and popularizing the organic laws of the 

 State. It is probable that the Convention will pro- 

 vide for the election of members of the Legislature 

 and the election of Governor by the people on the 

 second Monday in October." And in which you solicit 

 answers to the questions : "When these elections have 

 taken place is it my duty to convene this new Legis- 

 lature as Provisional Governor, or are my functions 

 at an end when the new State Government is organ- 

 ized? How long shall I continue to act as Provision- 

 al Governor? Do my functions continue untfl the 

 State is admitted back into the Union?" 



In reply, I have the honor to inform you that the 

 President does not think it now necessary to antici- 

 pate events. He will expect you to report proceed- 

 ings and events as they occur in South Carolina, 

 carefully and freely, for the information of this Gov- 

 ernment. In any case you will continue to exercise 

 the functions heretofore vested "in you by the Presi- 

 dent until you shall be relieved from that duty by his 

 express orders to that effect. 



Congratulating you upon the favorable aspect of 

 events in your State, I have the honor to be your Ex- 

 cellency's obedient servant, 



WILLIAM H. SEWARD. 



The Convention passed resolutions approving 

 of the measures of President Johnson, and ap- 

 pointed a committee to visit the President rela- 

 tive to granting amnesty to Jefferson Davis, 



