SOUTH CAROLINA. 



763 



God of Battles has pronounced an irreversible judg- 

 ment, after a long, desperate, and sanguinary strug- 

 gle, and it would be neither politic nor patriotic ever 

 again to invoke a new trial of the fearful issue. 



The clemency which President Johnson has so 

 generously extended to many of our citizens, in 

 granting full and free pardon for participation in the 

 late revolution, does honor to his statesmanship and 

 to his sense of justice. He is the ruling power of a 

 great and triumphant Government, ana by his pol- 

 icy will attach by cords stronger than "triple steel" 

 the citizens of one entire section of the Union to that 

 Government which he has so long and so ably sup- 

 ported and maintained. He was well acquainted 

 with the South with her politics and politicians, 

 and knew, however erroneous in his judgment may 

 have been their political principles, that they hon- 

 estly entertained the sentiments which they pro- 

 fessed, and for which they perilled their all; and 

 after failing in their end, when they proposed to re- 

 turn to their loyalty, that humanity und policy dic- 

 tated that they should not be hunted down for igno- 

 minious punishment. 



I shall give his policy of reconstruction an earnest 

 and zealous support. 



The war decided, second : That slavery should be 

 totally and absolutely exterminated in all the States 

 of the Union. The Convention of this State, with 

 singular unanimity and promptness, accepted the re- 

 sult of the issue made, and declared in the funda- 

 mental law " that slaves having been emancipated 

 by the action of the United States authorities, slavery 

 should never be reestablished in this State." 



The Legislature elected two Judges of the 

 Court of Appeals, D. L. Wardlaw and John A. 

 Inglis. The most important acts during the 

 remainder of the session, of general interest, 

 related to the public debt and to the freedmen. 

 A communication from the Provisional Gov- 

 ernor, through Gov. Orr, to the Legislature, 

 stated that he had received two weeks previous a 

 despatch 'from Secretary Seward, in the follow- 

 ing words : " Upon reflection, South Carolina 

 would not care to come again into the councils 

 of the Union encumbered and clogged with 

 debts and obligations which had been assumed 

 in her name in a vain attempt to subvert it. 

 The President trusts that she will lose no time 

 in making an effective organic declaration dis- 

 avowing all debts and obligations made or as- 

 sumed in her name or behalf in aid of the re- 

 bellion. The President awaits further events 

 in South Carolina with deep interest." In re- 

 ply, the Provisional Governor said that it was 

 impracticable to make any such organic decla- 

 ration, as the State Convention had been dis- 

 solved after having done all that the President 

 had requested to be done ; that the war debt 

 was a very small one, and could not be separa- 

 ted from the ordinary current expenses of the 

 State ; that South Carolina had been refunded 

 by the Confederate States a large portion of 

 her expenditures on account of the war ; and 

 that no one in the State had any right to com- 

 plain of being taxed to pay this debt, as they 

 were all guilty in incurring it. He further said 

 that the estates of widows and orphans had 

 been invested in this debt, as the safest invest- 

 ment which could be made for them, and that 

 it would now be great injustice to this innocent 

 and helpless class to disavow the debt. 



Mr. Seward replied that while the objections 

 were of a serious nature, the President could 

 not refrain from awaiting with interest an offi- 

 cial expression upon the subject. The Legis- 

 lature referred the matter to a committee, who 

 reported in favor of the appointment of a spe- 

 cial committee to investigate, ascertain, and re- 

 port at the next session. The Legislature also 

 passed resolutions endorsing President John- 

 son's reconstruction policy, and further declar- 

 ing that " all opposition to the General Gov- 

 ernment had permanently ceased in this State." 

 The total debt of the State was $6,668,080, re- 

 deemable at various periods. 



But the great concern of the State at this 

 tune was the accommodation of labor to its 

 agricultural interests. For this purpose it in- 

 trusted to a commission of two the duty of sug- 

 gesting a code to the Legislature at this session. 

 This commission made an extended report, as 

 has been stated, for the regulation of labor and 

 the protection and government of colored per- 

 sons. Although the subject was largely dis- 

 cussed, final action was not taken during tho 

 sessions of the year. Some of the more import- 

 ant provisions of the report possess considerable 

 interest. Persons of color are thereby defined 

 to be all free negroes, mulattoes, mestizoes, 

 freedmen and freedwomen, and their descend- 

 ants through either sex. Those, however, who 

 may have seven-eighths or more of Caucasian 

 blood are deemed and declared to be white per- 

 sons. 



The rights and remedies respecting persons 

 or property, and the duties and liabilities under 

 the law, whether civil or criminal, which apply 

 to white persons, are extended to persons of 

 color, except where modified by the regulations 

 instituted. 



The first subject treated of is the relation of 

 husband and wife. This relation is fully estab- 

 lished and recognized. The evidence of its ex- 

 istence is declared to be cohabitation and rep- 

 utation, or acknowledgment by the respective 

 parties. Those who now live as such are held 

 to be in legal marriage. Hereafter this which 

 the law regards as a civil contract is required 

 to be duly solemnized, either by a minister of 

 the Gospel, the District Judge, a magistrate, or 

 any other judicial officer. 



All children heretofore born are declared to 

 be legitimate. 



The following are incompetent to contract 

 marriage : males under twenty-one, and females 

 under eighteen years of age, those who are * 

 paupers or a charge to the public, and appren- 

 tices or persons bound to labor or service by 

 contract, until the expiration of such appren- 

 ticeship or term of service or labor. 



The husband is forbidden under any pretext 

 to abandon his wife; and in case he shall so do 

 or fails to maintain her and his children, he 

 shall, upon sufficient proof, be bound to service 

 by the District Judge, from year to year, and 

 the profits of his labor applied to their main- 

 tenance. Such an abandonment renders the 



