planting, and in that connection had been a slaveholder. After the war he was in business in Columbia, and was said to have operated extensively in the buying and selling of securities. He was without much experience in deliberative bodies and was accounted a poor speaker. He allied himself with the extremists of the Radical party in Washington. In 1869 he offered in the Senate "a bill to provide for the removal of political disabilities," which relieved the person under disability from taking the test oath prescribed in the act of 1862, and required one substantially similar to the oath of office as fixed in the South Carolina Constitution of 1868, adding this obligation to be taken by the affiant: "I will demean myself as a good citizen, supporting good order, tolerance of political opinions and freedom of the elective franchise." The bill contained a proviso "that no person shall be entitled to the benefit of the provisions of this law who was educated at the Military or Naval Academy of the United States, or who was twenty-one years of age or upwards on the 1st day of January, 1861." The extent of the disfranchisement thus proposed may be clearly seen from the very terms of the proviso. It was said by a contemporary critic that "neither Thaddeus Stevens nor Charles Sumner, nor even B. F. Butler, ever proposed a disfranchisement so cruel, so merciless, so sweeping." The bill did not become a law.

Among Mr. Robertson's earliest official acts was the recommendation of an incompetent colored man to be postmaster at Columbia. These two acts together sufficed of themselves to widen the breach already existing between Mr. Robertson and the white people of the State. His subsequent career in the Senate was inconspicuous.

Frederick A. Sawyer was a Massachusetts teacher who was engaged by the City School Board of Charleston a few years before the War of Secession to organize and superintend the Normal School, as a branch of the system of graded schools established previously. He was a man of considerable scholarship, of good address and of some ability as a speaker. In contrast with Robertson's measure of amnesty must be noted Sawyer's, previously introduced-substituting for the test oath of 1862 an oath simply obligating the affiant (if not disqualified by the Fourteenth Amendment) to support and defend the Constitution of the United States, bear true faith and allegiance to the same and faithfully discharge official duties. The

bill was defeated. Sawyer had no part in corrupting the State Legislature, deported himself with dignity and courtesy, and seemed inclined throughout to be conservative. He was credited with having advised against the arming of the negro militia and with having denounced the corrupt practices of the State Government. He ardently opposed the nomination of Frank Moses for Governor, and after the nomination made some very strong speeches at different points in the State, denouncing Moses and urging the Republicans to repudiate him.

The new Supreme Court was organized by the election of Franklin J. Moses, Sr., chief justice; with A. J. Willard and Solomon L. Hoge, as associate justices.

Judge Moses had been elected to the circuit bench of the law court by the Legislature of 1865, and was recognized throughout South Carolina as a man of decided ability and of much learning in his profession. He had enjoyed a large practice before his election to the circuit bench. He was an excellent writer, his opinions taking rank among the best in the State reports-this in the estimate of lawyers of high standing and of no sympathy with Judge Moses in his affiliations at the time of his election to the bench of the Supreme Court. He served until his death in March, 1877.

Judge Willard was a New York lawyer who had in that State acquired considerable standing in the profession. He came to South Carolina as lieutenant-colonel of a negro regiment, served on the coast, and was honorably mentioned for gallant and efficient service in the battle of Honey Hill on November 30, 1864, one of the hottest and really most important battles of the war. Assigned to duty in Charleston he served as judge advocate, and was brought into public notice by his able though somewhat bitter prosecution of Keys and others (already mentioned) for the alleged killing of Federal soldiers in Anderson. Judge Willard was evidently a hard student-his opinions, especially in more important cases, showing wide and close study. His style was obscured by his tendency to metaphysical refinements and by unskilful sentential structure. These qualities gave rise to the generally unfavorable estimate in which many of his opinions were held by the profession. He served as Associate Justice till June, 1877, when he was elected by the Democratic Legislature to fill out the term of Chief Justice Moses.

Judge Hodge had come from Ohio as a captain of a Federal

company of infantry, and was practically without experience as a lawyer, except that he had acted as judge advocate in some courtsmartial. He was evidently conscious of his utter incapacity-for in his eighteen months on the bench he never wrote a single opinion. "I concur" was the extent of his analysis of the legal questions on which he passed judgment. He resigned from the bench to go to Congress.

W. Hutson Wigg, of Columbia, was appointed reporter-a position he held for two years without doing any of its work.

For the First Circuit D. T. Corbin was elected, but he declined on the ground that the salary ($3,500) was insufficient. The Legislature then elected Richard B. Carpenter, who had come from Kentucky, and who was Register in Bankruptcy, resident in Charleston. He was a man of strong intellect, a lawyer of exceptional ability and a good writer, but of rather rough exterior. While on the bench he made such an impression that he was the choice of the people of Charleston for the nomination for Governor on the "Union Reform" ticket in 1870-which ticket, as will hereafter be related, was the result of an effort to bring together the people of the State, without regard to race or politics, in a movement for peace, order and honest government.

For the Second Circuit Zephaniah Platt, who had been appointed by General Canby when Judge Aldrich was removed, was elected.

For the Third Circuit the choice fell upon John T. Green, of Sumter, a lawyer of high standing and gentleman of unimpeachable character.

For the Fourth Circuit the judge elected was James M. Rutland, of Fairfield, a strong lawyer and an honest man.

The judge elected for the Fifth Circuit was Lemuel Boozer, of Lexington, a good lawyer and a man to whose integrity prominent citizens of all shades of political opinion united in bearing hearty testimony.

For the Sixth Circuit the choice first fell upon Mr. George W. Williams, of York—a gentleman of the highest character and a lawyer whose reputation, clientage and influence extended considerably beyond his own county. He declined the proffered distinctionsaying that as his own people had not yet tendered it he could not accept it from novices and strangers. William M. Thomas, a native

8-R. S. C.

of Charleston, and for some years a resident of Greenville, was afterwards elected. Judge Thomas was a lawyer of fair ability and good character, and he conscientiously labored to discharge well the duties of his office. He very soon aroused the opposition of the Radicals. The judge of the Seventh Circuit was Mr. T. O. P. Vernon, of Spartanburg, a good lawyer and an honest man, whose independent course so soon offended the Radical Legislature that he was impeached on trumped-up charges. Acting on the advice of friends he resigned-this in January, 1871.

Ex-Governor James L. Orr was, without solicitation on his part, elected for the Eighth Circuit.

The chief justice's salary was fixed at $4,000-the other justices and the circuit judges to receive $3,500 each.

NOTABLE LEGISLATION.

Some of the more important acts passed at the special session will serve to show somewhat the temper and the ideas of the new lawmakers.

By an act to establish a State police was organized what was popularly known as the State constabulary. The Chief Constable, appointed by the Governor, at a salary of $1,500 a year, was John B. Hubbard, who came last from New York, who was alleged to have helped to manufacture some of the evidence against Mrs. Surratt for alleged complicity in the assassination of Lincoln, and who was an unscrupulous hireling admirably suited for the dirty work for which he was employed-the endeavor to intimidate white people into quiet submission to negro domination. Deputies were appointed where the Republican managers wanted them, and received pay at the rate of $3.00 per day. In the election of 1870 the armed constabulary managed by Hubbard was flagrantly used to further the reelection of Governor Scott. A "deputy chief constable" was appointed in every county thought to be doubtful, and to each were assigned so many "deputy constables" as were deemed necessary to embolden the negroes and discourage the whites. The deputies were men of low type, suited to the work for which they were employed.

By "an act to suppress insurrection and rebellion" the Governor was authorized in his discretion to call out the militia, to "command the insurgents to disperse," to take possession of railroads and telegraphs and "to employ as many persons as he may deem necessary

and proper for the suppression of insurrection, rebellion or resistance to the laws." In furtherance of the purposes of this act, a joint resolution was afterwards passed authorizing the Governor to employ an "armed force" of 100 men, to be armed, equipped, and, if necessary, mounted. This force, of whom twenty were mounted, was duly organized and was used to cooperate with the State constabulary for election purposes. Fraudulent statements were freely used to procure payment for fictitious services.

For the services of the constabulary for the fiscal year commencing October 1, 1868, the sum of $10,000 was appropriated, and for the fiscal year commencing November 1, 1869, the sum of $30,000 was allowed. The actual expenditures on the constabulary for the year last mentioned amounted to $55,056.60.

By an act entitled "an act to close the operations of the Bank of the State of South Carolina" it was sought to seize the assets of that institution and distribute them among certain holders of its bills (said to have been bought up at ten cents on the dollar), amounting to $486,823-the exact scheme being to fund the bills in six per cent. State bonds running twenty years. Attorney-General Chamberlain gave an opinion sustaining the validity of the act. The Supreme Court, upon a proper case made, held the act to be void because it impaired the obligation of the State's contracts with creditors other than the bill holders. The scheme thus blocked was manifestly a piece of jobbery. Whether corrupt means were used to "work" the Legislature to pass the act cannot be said-the parties objecting to it having sought and obtained relief in the court.

The "act to authorize a State loan to pay interest on the public debt," approved August 26, 1868, directed the borrowing of a sum not exceeding $1,000,000 on coupon bonds of the State, to be sold at the highest market price, and "for not less than a sum to be fixed by the Governor, the Attorney-General and the Treasurer, who are hereby authorized to appoint, under a commission signed by them, some responsible bank or banker in the city of New York, to act as financial agent of the State, to be subject to their direction and control."

By this act was inaugurated the series of irregular, unlawful and fraudulent acts committed in connection with the public debt of the State. The board thus created-Scott, Chamberlain and Parkerselected as the "financial agent" one Hiram H. Kimpton, of Boston,