sisting of those who had been Confederate treasury agents, taxcollectors, postmasters or blockade-runners.

As the day set for the meeting of the Convention approached there were fears lest some of the members-elect might not receive their pardons in time to take their seats on the opening day. Timely action by the Provisional Governor, seconded by the proper officers in Washington, prevented embarrassment on this score.

THE CONVENTION OF 1865.

The names of the delegates elected and commissioned were as follows:

Abbeville-David L. Wardlaw, Samuel McGowan, Thomas Thomson, W. A. Lee, J. W. Hearst.

All Saints-W. A. DeLettre.

Anderson-James L. Orr, John Wilson, Alexander Evins, W. S.

Pickens.

Barnwell-A. P. Aldrich, J. J. Brabham, J. M. Whetstone.
Chester-James Hemphill, A. P. Wylie, C. D. Melton.
Chesterfield-John A. Inglis, Henry McIver.

Christ Church-A. T. Morrison.

Clarendon-James McCauley, John Peter Richardson. Darlington-David C. Milling, J. H. Norwood, J. E. Byrd. Edgefield-W. S. Mobley, George D. Tillman, R. G. Dunovant, F. W. Pickens, Paul F. Hammond.

Fairfield-James H. Rion, John Bratton, William R. Robertson. Greenville-William H. Perry, James P. Boyce, T. C. Bolling, J. P. Latimer.

Horry-Joel B. Skipper.

Kershaw-A. D. Goodwyn, L. W. R. Blair.

Lancaster-R. M. Sims, J. L. Reed.

Laurens-C. P. Sullivan, William Mills, Jr., A. W. Moore, B. W.

Ball.

Lexington-Lemuel Boozer, John Fox.

Marion-A. Q. McDuffie, William T. Wilson, R. H. Reeves.

Marlboro-T. C. Weatherly, C. W. Dudley.

Newberry-E. P. Lake, Henry Summer, R. Stewart.

Orange J. H. Morgan, C. W. McMichael.

Pickens-Edward Herndon, L. B. Johnson, Alexander Bryce, Sr.,

James Lafayette Boyd.

Prince George, Winyah-Benjamin F. Dunkin, B. C. Fishburn.
Richland-F. W. McMaster, A. R. Taylor, William Wallace.
St. Andrew-William Izard Bull.

St. Bartholomew-A. Campbell, Hugo G. Sheridan.

St. Helena-James G. Thompson.

St. James, Goose Creek-W. M. Brailsford.

St. James, Santee-J. G. DuPre.

St. John, Berkeley-J. G. Gaillard.

St. George, Dorchester-W. A. Chisolm.

St. Luke-LeRoy F. Youmans.
St. Matthew-T. J. Goodwyn.

St. Paul-Isaac M. Dwight.
St. Peter-H. C. Smart.

St. Philip and St. Michael-Charles Macbeth, Alfred Huger, H. D. Lesesne, W. H. Gilliland, James Connor, William M. Martin, F. Melchers, P. C. Gaillard, John Schnierle, George W. Williams, James Rose, John A. Wagener, Charles H. Simonton, P. J. Coogan, A. O. Andrews, Edward Frost, William L. Henery, Henry Gourdin, William Ravenel.

St. Stephen-W. H. Cannon.

St. Thomas and St. Dennis-C. M. Furman.

Spartanburg-John Winsmith, John W. Carlisle, M. C. Barnett, James Farrow.

Sumter-John N. Frierson, Thomas M. Muldrow, F. J. Moses. Union-William H. Wallace, Thomas N. Dawkins, William J.

Keenan.

Williamsburg-J. A. James, Edward J. Porter.
Winyah-R. Dozier.

York-Cadwallader Jones, W. C. Beatty, W. C. Black, R. A. Ross. Gen. Wade Hampton was elected from Richland, but, spending the summer at Cashiers Valley, N. C., he received notice too late to attend. Mr. William F. Hutson was elected from Prince William, but received information of the fact too late to attend.

The delegate from St. Helena was a Northern man who had come to this State with the Federal army, and who in later years edited The Union-Herald in Columbia.

The Convention met in the Baptist Church, Plain street, Columbia, on September 13, 1865. The Hon. David L. Wardlaw, one of the

judges of the circuit courts, was elected president, and Col. John T. Sloan, of Pendleton, clerk.

The work of the Convention consisted of the framing of a Constitution and the passage of such ordinances as were necessary to put the State government in motion till the meeting of the Legislature. That instrument contained provisions intended to meet the new conditions induced not only by the failure of secession and the destruction of slavery, but by changes in the social and political relations of the different communities making up the new body politic. Slavery was prohibited by a section declaring that "the slaves in South Carolina having been emancipated by the action of the United States authorities, neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall ever be reestablished in this State."

The qualifications of the voter were fixed as follows: "He shall be a free white man who has attained the age of twenty-one years, and is not a pauper, nor a noncommissioned officer or private soldier of the army nor a seaman or marine of the navy of the United States. He shall, for the two years next preceding the day of election, have been a citizen of this State; or for the same period an emigrant from Europe, who has declared his intention to become a citizen of the United States, according to the Constitution and laws of the United States. He shall have resided in this State for at least two years next preceding the day of election, and for the last six months of that time in the district in which he offers to vote." No person was eligible to any office unless possessed of the qualifications of an elector.

The single reference to the negro race, to be found in the instrument, is in the following provision in the judiciary article: "The General Assembly shall, as soon as possible, establish for each district in the State an inferior court or courts, to be styled 'The District Court,' the judges whereof shall be resident in the district while in office, shall be elected by the General Assembly for four years and shall be reeligible-which court shall have jurisdiction of all civil causes wherein one or both of the parties are persons of color, and of all criminal cases wherein the accused is a person of color, and the General Assembly is empowered to extend the jurisdiction of said court to other subjects."

The election of the Governor and the Lieutenant-Governor (each

2-R. S. C.

for the term of four years) was transferred from the Legislature to the people. The Governor was invested with the veto power, and the Lieutenant-Governor was made President of the Senate. The other State officers were made elective by the Legislature, each for the term of four years.

Ministers of the gospel and public preachers of any religious persuasion, while they should continue in the exercise of their pastoral functions, were declared not eligible to the office of Governor or Lieutenant-Governor or to a seat in the General Assembly-this because, in the language of the prohibition, "the ministers of the gospel are by their profession dedicated to the service of God and the cure of souls, and ought not to be diverted from the great duties of their functions." The Constitution of 1791 contained a like provision.

The legislative authority was vested in a General Assembly-the Senate to be composed of one member from each election district, except the election district of Charleston, to which were allowed. two senators; and the House of Representatives, to "consist of 124 members, to be apportioned among the several election districts of the State, according to the number of white inhabitants contained in each, and the amount of all taxes raised by the General Assembly, whether direct or indirect, or of whatever species, paid in each." Thus was abolished the "parish system"-of which some further mention would seem to be proper.

In 1860 Beaufort District contained four parishes; Charleston, eight (St. Philip's and St. Michael's counted as one); Colleton, four; Georgetown, two; Orangeburg, two; Horry two-making twenty-one parishes, with twenty-two senators out of forty-five; and fifty-five representatives out of 124.

Referring to the parish system, Governor Perry, in his first message to the Convention, said:

The basis of representation in the Senate of this State, as you know, is entirely arbitrary and is founded on no just principles of property or population. At the time it was adopted-more than seventy-five years ago-it was no doubt fair and equal. But since that time the entire relative condition of the election districts has changed. The upper country, at the adoption of our State Consti- . tution in 1790, was comparatively but newly settled, had a sparse population and had very little wealth. But since that time this portion of the State has increased in wealth and numbers in a much greater ratio than the lower country. Hence it is that the parish

representation in the Senate is unequal and unjust. Twenty or thirty voters in one of the parishes, whose population and taxation combined entitle it to only one member of the House of Representatives, have the same representation in the Senate that three thousand voters have in Edgefield District, whose population and taxation entitle it to six members in the House. This is contrary to all republican principles of political justice and equality. In the early history of South Carolina the representation in the parishes was repeatedly changed, to equalize it amongst the respective election districts; but all such changes have been obstinately refused during the last seventy-five years. Now that slavery is abolished a reformation in this respect is imperative and must be adopted.

There had been opposition to the parish system even before the War of Secession. The late George D. Tillman was earnest and continuous in his protests, while Colonel Perry, Mr. Boyce, of Fairfield, Mr. McAlily, of Chester, and others were strongly in favor of a change. Even in the city of Charleston there were those who felt that, in justice to the up-country and for the purpose of promoting cordiality between that section and the lower districts, some concession was advisable.

The vote in the Convention in favor of the abolition of the system was decisive-97 to 9. Those voting against the change were: Messrs. Aldrich, of Barnwell; Campbell and Sheridan, of St. Bartholomew; Chisolm, of St. George, Dorchester; Goodwyn, of St. Matthew; McCauley, of Clarendon; Smart, of St. Peter; Wallace, of Richland, and Youmans, of St. Luke.

Charleston was divided into two election districts-one to consist of the late parishes of St. Philip and St. Michael, to be known as Charleston; the other to consist of the remainder of the territory of Charleston District, and to be known as Berkeley.

All voting by the Legislature was required to be viva voce-a vote by ballot having formerly obtained in elections in that body.

The Constitution was not submitted to the people.

By different ordinances the Convention formally repealed the ordinance of secession; declared that electors for President and VicePresident of the United States ought to be chosen by the people; declared of force the Constitution adopted by the people in convention at Charleston on the 8th day of April, 1861, except as altered or repealed; provided for the election of the General Assembly (ordered to meet in special session on October 25) and of Governor and Lieutenant-Governor; authorized incumbent officials to continue.