650 



SOUTH CAROLINA. 



ment the recession of these forts. This was the 

 substance of what we said. Now, sir, it is my 

 most solemn conviction that there is no attempt 

 going to be made to regenforce these forts." 



Resolutions were offered and referred, which 

 proposed a provisional government for the 

 Southern States on the basis of the Constitu- 

 tion of the United States ; also to send com- 

 missioners to "Washington to negotiate for the 

 cession of Federal property within the State, 

 &c. ; also, the election of five persons to meet 

 delegates from other States for the purpose 

 of forming a Confederacy, &c. 



On the 20th the committee appointed to 

 draft an ordinance of secession made the fol- 

 lowing report : 



The committee appointed to prepare the draught of 

 an Ordinance proper to be 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 to under 

 consideration, and believing that they would best meet 

 the exigencies of the great occasion, and the just ex- 

 pectations of the Convention by presenting in the few- 

 est and simplest words possible to be used, consistent 

 with perspicuity and all that is necessary to effect 

 the end proposed and no more, and so excluding every 

 thing which, however proper in itself for the action of 

 the Convention, is not a necessary part of the great 

 solemn act of secession, and may at least be effected 

 by a distinct ordinance or resolution, they submit for 

 the consideration of the Convention the following pro- 

 posed draught : 

 An, Ordinance to dissolve t7t,e Union between the State 



of South Carolina, and otlier States united with her 



under the compact entitled " The Constitution of the 



United, States of America" 



We, the people of the State of South Carolina, in 

 Convention assembled, do declare and ordain, and it 

 is hereby declared and ordained, that the ordinance 

 adopted by us in Convention on 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 was ratified, and also all acts and 

 parts of acts of the General Assembly of the State 

 ratifying amendments of the said Constitution, are 

 hereby repealed, and the Union now subsisting be- 

 tween South Carolina and other States, under the 

 name of " The United States of America," is hereby 

 dissolved. 



The ordinance was then taken up and imme- 

 diately passed by the unanimous vote of the 

 convention. 



After the passage of the ordinance of seces- 

 sion, the following ordinance was offered, in 

 order to preserve the order of affairs under the 

 altered political relations of the State : 



Bt it ordained by the People of South Carolina, by 

 their Dekgates in Convention assembled, That, until 

 otherwise provided by the Legislature, the Governor 

 shall be authorized to appoint collectors and other of- 

 ficers connected with the customs, for the ports within 

 the State of South Carolina, and also all the post- 

 masters within the said State ; and that until such ap- 

 pointments .shall have been made, the persons now 

 charged with the duties of the said several offices shall 

 continue to discharge the same, keeping an account 

 of what moneys are received and disbursed by them 

 respectively. 



The debate which followed on this ordinance 

 showed very distinctly that, however unani- 

 mous the convention was relative to the passage 

 of the ordinance to secede, there still existed a 



great difference of opinion among the members 

 as to its legal force and effect. 



Judge Magrath, of Charleston, said: "I think 

 the special matter of this ordinance should be 

 immediately considered. To my understanding 

 there is no collector of the port nor postmaster 

 now within the limits of South Carolina. What 

 you have done to-day has extinguished the au- 

 thority of every man in South Carolina deriv- 

 ing his authority from the General Govern- 

 ment. I am in favor of this body making such 

 provisional arrangements as may be necessary 

 in the interval which may exist between this 

 moment and the time the Legislature may act. 

 I am not, however, to be implicated as sanc- 

 tioning the idea that there is no lawful author- 

 ity within the limits of the State except the 

 General Government." 



Mr. Gregg : " After South Carolina has abro- 

 gated the Constitution of the United States, 

 are the laws still in force ? I think not. All 

 the laws of Congress fall instantly to the 

 ground on the passage of the act of secession." 



Mr. Cheves : " An immense chasm has been 

 made in law. It is necessary that, to avoid in- 

 convenience to the people, we must make tem- 

 porary arrangements to carry on the Govern- 

 ment." 



Mr. Gregg : " There is now no law on the 

 subject of the collection of duties in South Car- 

 olina, now that we have accomplished the 

 work of forty years." 



Mr. Hayne : " The Congress of the United 

 States is no longer our Government. It will 

 be for our Legislature to say what laws of the 

 United States shall be continued, and what not. 

 The simple act of secession does not abrogate 

 all laws. We have a great many laws on the 

 statute-books which were passed by the Gov- 

 ernor and privy council." 



Mr. Gregg : " The congressional laws for the 

 collection of the revenue are for the support of 

 the Federal Government at Washington. All 

 the post-office laws fall on our dissolution from 

 that Government." 



Mr. Miles : " We have now to deal with 

 stern facts and realities. We must prevent con- 

 fusion and anarchy in the derangement of our 

 Government affairs. Things must for the pres- 

 ent remain in statu quo, or confusion will 

 arise." 



Mr. Chesnut : " Two questions are involved : 

 power and duty. We must prevent our people 

 not only from inconveniences, but from a cha- 

 otic condition. We must revivify such laws as 

 are best adapted to preserve us from calamities. 

 As to our duty, will you turn the ship of 

 State adrift ? What becomes of her officers ? " 



Mr. Masyck : " There is no duty collector 

 now for the ports. So, too, with the post-office. 

 All are swept off by this act. My opinion is 

 that the present system of postal arrangement 

 is a nuisance. The public would be better 

 served by private parties between the cities 

 like the system in Philadelphia and New York. 

 Have a postage of one cent instead of three 



