760 



SOUTH CAROLINA. 



Governor Magrath, and Mr. Trenholm, and ad- 

 journed. 



In October an election was accordingly held 

 for Governor and Lieutenant-Governor, and 

 members of both houses of the Legislature. 

 The candidates for Governor were James L. 

 Orr and Wade Hampton. The total vote, the 

 first ever given in the State for a Governor, was 

 18,885, of which Mr. Orr's majority was 667. 



The Legislature assembled at Columbia on 

 October 25th, and the Provisional Governor 

 addressed a message to them. He said, that 

 although his appointment was made several 

 months after that of the other Provisional Gov- 

 ernors, South Carolina was then as far ad- 

 vanced in the plan of reconstruction as any 

 other State. By restoring those who were in 

 civil office at the suspension of the civil govern- 

 ment, he greatly expedited the reconstruction. 

 This measure was objected to by the military 

 authorities, but he was sustained by President 

 Johnson. 



He alluded to the new Constitution as popu- 

 lar and democratic, inspiring the people with 

 more zeal and energy in developing the talent 

 and resources of the State. He recommended 

 fostering internal improvements, commerce, and 

 manufactures, and the encouragement of foreign 

 immigration. The State should not be depend- 

 ent, as heretofore, on the "Western States for 

 horses, mules, cattle, hogs, bacon, lard, and 

 beef, nor on the Northern States for furniture, 

 agricultural implements, and clothes. They 

 should raise, grow, and make every thing them- 

 selves. Now that slavery was abolished, labor 

 was made more honorable, as well as more 

 necessary. 



Immediate provision must be made for the 

 protection by Government of the freedmen. 

 This is expected by the President and Congress, 

 and such measures should be adopted as to re- 

 move all pretext for military rule. 



The electors for President and Vice-President 

 of the United States should be chosen by the 

 people. An early day should be fixed for the 

 election of members of Congress. Should those 

 members elected be in Washington, with their 

 credentials, when the clerk calls the roll, they 

 cannot be excluded any more than those from 

 Massachusetts. No man in South Carolina can 

 take the test oath without perjury. It is not 

 the policy of the President to enforce this, and 

 ho believes it will not be the policy of Congress. 



He recommended the issuing of State bonds, 

 selling them to pay the State debt, so as to 

 avoid the present taxation. The reorganization 

 of the militia is urged, the Secretary of State at 

 Washington having given assurances that as 

 soon as the State government is organized, all 

 the troops will be withdrawn. He recommend- 

 ed also the reCstablishment of the South Caro- 

 lina College on the university system, and the 

 reopening of the Citadel Academy for cadets. 

 He opposed any act looking to a repudiation of 

 the State debt. In conclusion, he asked them 

 to look only to the future and not to the past 



A question soon arose in the Legislature as 

 to the legality of any acts which they might 

 pass. The Constitution required all bills to be 

 signed by the Governor if he approved them, 

 before they could become laws. But in this 

 case there was no Governor to sign the bills. 

 A special committee, to whom the considera- 

 tion of the difficulty was referred, reported that, 

 in their opinion, '' it is competent for the Gen- 

 eral Assembly to consider and pass bills which 

 may be submitted to the Constitutional Gov- 

 ernor after he is qualified." 



On the 27th the two commissioners ap- 

 pointed under the authority of the State Con- 

 vention, to prepare and report to the Legisla- 

 ture what laws were rendered necessary and 

 proper in consequence of the alterations in the 

 state of affairs, made their report. The topics 

 treated of were the domestic relations of per- 

 sons of color, including those of husband and 

 wife, parent and child, guardian and ward, and 

 master and apprentice, the contracts for ser- 

 vice, the regulations of labor on farms, the 

 rights of the employer as between himself and 

 his servant, the causes of discharge of a ser- 

 vant, the rights of the employer as to third per- 

 sons, the rights of the servant as between him- 

 self and employer, the rights of servants as to 

 third persons, the duties and obligations of 

 house servants and others not in husbandry, 

 the forms of contract, the rights and duties of 

 mechanics, artisans, and shopkeepers, the evic- 

 tion of servants, and the regulations for paupers, 

 vagrancy, and idleness. Bills preliminary to 

 the legislation induced by the emancipation of 

 slaves, to establish district courts, and to amend 

 the criminal law, accompanied the report. The 

 commissioners were D. L. Wardlow and Ar- 

 mistead Burt. The matter of the report became 

 the subject of much debate at a later period 

 of the session. 



On the 7th the Provisional Governor sent 

 the House the following message containing 

 a correspondence with the authorities at Wash- 

 ington : 



EXECUTIVE DEPABTSIENT or SOUTH CAROLINA, ) 

 November 7, 1865. J 

 To the Honorable the Senate and 



House of Representative* : 



GENTLEMEN : I had the honor of receiving from the 

 President of the United States the following tele- 

 graphic despatch on the 28th October last : 



To B. F. Perry, Provisional Governor of Sonth Carolina: 

 Your last two despatches have been received, and the par- 

 dons suggested have been ordered. 



I hope that your Legislature will have no hesitation In 

 adopting the amendment to the Constitution of the United 

 States abolishing slavery. It will set an example which 

 will no doubt be followed by the other States, and place 

 South Carolina In a most favorable attitude before the nation. 

 I trust In God that It will be done. The nation and the State 

 will then be left free and untrammelled to take that course 

 which sound policy, wisdom, and humanity may sngiri'st. 

 (Signed) ANDREW JOHNSON, 



President of the United States. 



Three days afterwards I received the following 

 telegram from the President, dated 



WASHINGTON, October 81, 1365. 

 To Benjamin F. Perry, Provisional Governor : 



There is a deep interest felt as to what course the Legisla- 

 ture will take In regard to the adoption of the amendment tu 

 the Constitution of the United States abolishing slavery, anl 



