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the Constitutional Convention. The first land commissioner was C. P. Leslie, he was succeeded by R. C. DeLarge (colored) and the management was later turned over to the Secretary of State.

The "Joint Special Investigating Committee" appointed at the legislative session of 1870-71 pronounced the commission a "gigantic folly," and charged that its powers had been employed "to subserve a certain organized result, viz.: the primary benefit of the members of the advisory board and the land commissioner and their subservient allies." The advisory board here referred to was composed of Governor Scott, Comptroller-General Neagle, Treasurer Parker, Secretary Cardozo and Attorney-General Chamberlain.

The commission purchased for the State 103,546 acres of land at a cost of $568,192-the total amount expended being $888,335. The land was divided up into parcels-much money being spent for surveying and incidental expenses.

Of the land acquired there had been, on November 1, 1877, 56,277 acres settled by parties to whom the State had issued certificates of purchase-leaving 47,269 acres unsold and unoccupied. The entire amount paid in by such parties had been $45,588.74. This sum included, the entire amount realized by the State was about $250,000. The Land Commission scheme therefore entailed a loss of about $600,000.

In the purchase of lands there was flagrant and criminal carelessness, coupled in many instances with actual fraud on the part of the State's trusted agent. Deeds from sellers were filled in with sums far larger than the actual amounts paid-the officials pocketing the difference. Lands so poor as to be practically worthless were bought at high prices from friends or partners of the commission.

One purchase was of several tracts, aggregating 17,533 acres, in Charleston and Colleton counties for $120,754-showing an average cost of $6.87 per acre. This property-known as "Hell Hole Swamp"-remained unproductive in the State's possession for many years and was sold at a great sacrifice-15,000 acres fetching thirtyfive cents an acre and the rest one dollar an acre.

In numerous other instances the State paid extravagant prices for lands of indifferent quality-much of it unfit for cultivation.

The scheme underlying the creation of the Land Commission had been exploited among the negroes even before the inauguration of the State Government under the Reconstruction acts. Many of the

colored people believed that it was the mission of the Freedmen's Bureau to furnish them each with "forty acres and a mule." The loose talk of some of the members of the Constitutional Convention of 1868 really strengthened the notion that this was somehow to be done. Though the Land Commission nominally sold, yet the purchasers were made to understand that they might pay at their own pleasure. Some paid in full-in many cases getting land not worth the price paid. Some paid in part and, not further complying, lost the money thus laid out. Some sold to speculators their "certificates of purchase," and thus suffered loss. As a scheme to encourage and enable colored people to become landowners, the Land Commission was a failure. It did harm to many of the negroes, by making them indolent and also indifferent to obligation.

CORRUPTING A JUDGE.

In the case of Whaley vs. Bank of Charleston, the Supreme Court on April 7, 1874, rendered a decision affirming a circuit judgment for more than $30,000 in favor of the plaintiff-Chief Justice Moses delivering the opinion, Justice Wright concurring and Justice Willard filing a dissenting opinion.

F. J. Moses, Jr., testified that before the decision was filed, it being known that there was disagreement between Justices Moses and Willard, he was requested by D. H. Chamberlain, one of the plaintiff's attorneys, "to see Judge Wright and ascertain how much would be demanded for his concurrence with the Chief Justice." Moses swore that having neglected this request for a time he received from Mr. Chamberlain a note which was put in evidence in the following form:

Columbia, S. C., Feb. 5, 1876.

I hereby certify that I have this night, in the presence of General Dennis and Mr. Thomas S. Cavender, received from Governor Moses a paper in the handwriting of Governor Chamberlain, of which paper the following is a copy: "S. W. Melton.

D. H. Chamberlain. "Melton & Chamberlain,

"Law Office,

"Columbia, S. C., April 6, 1874. "Dear Governor: Please arrange that matter at 2,000 or 3,000 as may be necessary. Let me know exactly what is needed after your interview, and I will be on hand. I will call at your office 11:30 a. m. Don't delay the matter. Yours, Chamberlain."

I pledge my word that I will not use the said paper publicly (without the consent of Governor Moses) to the prejudice of Governor Moses. Thomas C. Dunn.

Witness: John B. Dennis, Thomas S. Cavender. Moses further testified that Wright, after some hesitation, finally agreed to concur with the Chief Justice on payment of $2,500; that Chamberlain delivered to him two notes for $1,000 and $1,500, respectively, which were discounted by different individuals named, the proceeds being paid to Wright and from him borrowed by Moses.

John B. Dennis corroborated Moses' statements as to the letter alleged to have been written to Moses by Chamberlain and as to the receipt and pledge given by Dunn.

On hearing of Moses' testimony, Wright addressed to the investigating committee a letter denying the charge made and requesting judicial investigation.

Upon the testimony taken, the committee concluded:

That Chamberlain paid $2,500 to Moses for the purpose of securing a favorable decision your committee have no doubt. Whether Judge Wright was to receive any part of it, or whether he did receive any part of it, your committee are unable to determine. In either case the guilt of Mr. Chamberlain is the same.

There were several indictments against parties concerned in one or more of the schemes to defraud the State-F. L. Cardozo, Niles G. Parker, Y. J. P. Owens, S. L. Hoge, Thomas C. Dunn, R. H. Gleaves, Samuel J. Lee, Josephus Woodruff, A. O. Jones, F. J. Moses, Jr., C. W. Montgomery, John J. Patterson, F. S. Jacobs, R. K. Scott, H. H. Kimpton, L. Cass Carpenter, Robert Smalls, B. F. Whittemore and D. H. Chamberlain.

Efforts were made to bring Patterson and Kimpton into the State to answer indictments, but without effect. The courts-that of Massachusetts and that of the District of Columbia-each held that the accused was not extraditable for the offense with which he was charged.

As already stated, Smalls was duly convicted of bribery, Carpenter of forgery and Cardozo of conspiracy to defraud the State by means of a fraudulent legislative certificate issued by the two clerks and paid by him as Treasurer. They were pardoned by Governor Hampton.

The other prosecutions were all dropped in 1879-this under an arrangement by which certain cases against white citizens charged with

violations of the Federal election laws were also discontinued. The jury lists in the Federal courts were still manipulated, the white people had little expectation of justice in those tribunals, and trials therein were attended with great expense and much vexation.

CHAPTER XI.

REVIEW AND REFLECTIONS.

President Johnson's scheme for the restoration of the Southern States to their places in the Union (which he claimed to be just that contemplated by Abraham Lincoln) imposed but two conditions— the renewal of allegiance to the Federal Government and the abolition of slavery. Disqualification resulting from past conduct was to be removed by the act of the Executive-by his use of the pardoning power vested in him by the Constitution. The two conditions performed, the lately rebellious State was to be restored to the Union, with all rights, including representation in each branch of Congress, reestablished as fully as they had existed before the suspension of its relations by the act of secession. The repeal of the ordinance of secession was from the President's standpoint perfunctory merely, because in his view that ordinance was originally and always void.

The President's scheme of restoration not only recognized the white citizens of the State as vested exclusively with the sovereignty prerequisite to the performance of the acts necessary as conditions precedent, but it left to them the power to fix the civil and political status of the freedmen. In the solution of the problem thus presented more fraught with difficulty than any that had ever confronted any people—it was plain that no aid could come from that Federal power which, in the President's view, had exhausted itself in the process of restoration.

The people of South Carolina, first in convention and then in legislature, attempted a solution of the problem which they plainly saw would not solve itself-they attempted to establish by law the civil status of the freedmen and the relations of these not, as might have seemed, to the white race, but to the new body politic of which each race should be a recognized component. Realizing that the negro could not take care of himself they undertook, after their own. fashion and guided by the best lights then available, to take care of him. The "Black Code" embodied the results of that undertaking. To the negro was accorded the right to contract, to acquire, hold and alien property, to sue and be sued, to testify in the courts-to have or to do all these things as fully as they could be had or done by

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