by the Legislature for the term of six years; and no provision was made for the Court of Errors.

The circuit courts remained as they had been, except that the civil branch exercised both chancery and common law powers, that the judges were elected for a term of four years and were to be assigned to circuits territorially distinct. Masters and commissioners in equity were no longer to exist. The election of solicitors was committed to the people in the several circuits.

A court of probate was created for every county, with all the powers of the former ordinaries and some of those of the masters or commissioners in equity.

Justices of the peace were to be chosen by the qualified electors in each county.

There was provided in each county a board of three county commissioners, to be elected by the people and to have general charge of the fiscal administration.

The right of suffrage was conferred upon "every male citizen of the United States, of the age of twenty-one years and upwards, not laboring under the disabilities named in this Constitution, without distinction of race, color or former condition, who shall be a resident of this State at the time of the adoption of this Constitution, or who shall thereafter reside in this State for one year and in the county in which he offers to vote sixty days next preceding any election"-the "disabilities" mentioned being those arising under the provisions of the Reconstruction acts of Congress, and those having reference to prisoners, paupers, and lunatics.

It was provided that no property qualification should be necessary for an election to or holding of any office, and that no office should be created the appointment to which should be for a longer time than good behavior.

Presidential electors were required to be elected by the people.

Due provision in detail was made for the assessment, levy and collection of taxes upon real and personal property except such only as was in terms exempted-property used for religious, educational or eleemosynary purposes. The proceeds of the poll tax were specifically appropriated to the public school fund. Provision was made for the levy and collection of taxes by counties, townships, cities, towns, and school districts for corporate purposes.

The educational system was placed in charge of the State Superintendent of Education, aided in each county by a school commissioner to be elected by the people for the term of two years.

It was made the duty of the Legislature, so soon as there should be "a system of public schools thoroughly and completely organized," to require all children between the ages of six and sixteen to attend at either a public or private school for a term equivalent to twentyfour months at least.

It was required that "all the public schools, colleges, and universities of this State, supported in whole or in part by the public funds, shall be free and open to all children of this State, without regard to race or color."

Divorces from the bonds of matrimony were prohibited "except by the judgment of a court, as shall be prescribed by law."

The real and personal property of a married woman, held at the time of her marriage, or that which she might thereafter acquire, was declared not subject to levy or sale for her husband's debts, but should be held as her separate property which she might dispose of to the same extent as if she were unmarried.

All contracts, whether under seal or not, the consideration of which was for the purchase of slaves, were declared null and void and the courts of the State were prohibited from enforcing the same. (This section was by the State Supreme Court adjudged void, as violating that provision of the Federal Constitution which declares that no State shall pass any law impairing the obligation of contracts.)

It was provided that after the adoption of the Constitution any person who should fight a duel, or send or accept a challenge for that purpose, or be an aider or abettor in fighting a duel, should be deprived of holding any office of honor or trust in this State and should be otherwise punished as the law should prescribe.

The Convention ordained that the Constitution should be submitted to the people for ratification.

The State was divided into four Congressional Districts as follows:

First-Lancaster, Chesterfield, Marlboro, Darlington, Marion, Horry, Georgetown, Williamsburg, Sumter, Clarendon, Kershaw. Second-Charleston, Colleton, Beaufort, Barnwell.

Third-Orangeburg, Lexington, Richland, Newberry, Edgefield, Abbeville, Anderson.

Fourth-Oconee, Pickens, Greenville, Laurens, Spartanburg, Union, York, Chester, Fairfield.

Following the ordinance of the Convention, General Canby, by an order dated March 13, 1868, directed that an election be held, commencing April 14 and ending April 16, at which all registered voters of South Carolina might vote "for constitution" or "against constitution," and also on the same ballot for State officers and members of the Legislature, for a member of Congress from each of the four Congressional Districts and for two members from the State at large. The provision for members at large was made in contemplation of an increase to that extent in the State's representa

tion.

A DISGRACEFUL SCHEME FOILED.

Mention has been made of the attempt to attack the administration and character of Maj. Thomas B. Lee, the superintendent of the State penitentiary.

In the summer of 1867 a petition purporting to have been signed by thirty-one persons was addressed to Brig.-Gen. H. S. Burton, post commander at Columbia, charging that there had been "cruel and inhuman treatment of the colored prisoners in the State prison," and declaring that "their treatment would be a disgrace to any government, even in the Dark Ages, and they are made subject to punishments only such as might be expected from the Turks or cruel savage."

The petition having been referred to Governor Orr, he addressed a letter to General Burton, in which he fully stated actual conditions in the penitentiary, and closed by expressing his conviction that the charges brought against the prison officers were "unjust and false." There the matter ended until it was revamped in the Constitutional Convention.

Acting upon the resolutions adopted and sent to him, General Canby appointed as a commission to "examine into and report upon the charges of cruel and harsh treatment of convicts," preferred against Major Lee, the following named officers: Brevet Còl. Henry B. Judd (retired), Brevet Col. Francis S. Guenther, Captain Fifth Artillery, and Brevet Capt. James Chester, First Lieutenant Third Artillery-the last named to act as recorder.

The commission, after publishing in the newspapers a notice of its meeting and a request that all persons having information as to the subject matter should appear and testify, met in open session in Columbia.

The first witness for the complainants was Thomas J. Robertson, one of the signers of the petition for Major Lee's removal on the ground of "harsh and cruel treatment" of negro convicts, who delivered himself as follows: "The principal cause [for signing the petition] was that I am a 'Jacksonian' in principle, believing that 'to the victors belong the spoils,' and that as the Republican party are in power in South Carolina their friends should hold the offices of the State. I know nothing personally of Mr. Lee's harsh treatment of the prisoners, only from hearsay." The witness further stated that upon the occasions of his visits to the penitentiary he "saw no evidence of dissatisfaction among the prisoners."

In his written defense Major Lee referred to Robertson's testimony thus: "One of those who would blacken my character has sworn that all he knew of the charges against me was hearsay, and that his principal reason for thus accusing me of harsh treatment and cruelty towards convicts was that those in authority might be induced to remove me and make room for one of his own party."

Beverly Nash, who had been loud in his abuse of Major Lee, and S. B. Thompson, who had introduced the resolution seeking his removal, each testified that he had acted upon rumor only or upon unsworn statements. Thompson confessed that he had gone to the penitentiary as one of a committee of the Union League, and that the prisoners were clean, orderly and generally healthy-though "some of them looked as if they had been treated roughly"-and that he "saw no distinction made on account of color."

The list of witnesses summoned having been called and no others answering to their names, the recorder invited anyone present who knew anything about the matter under consideration to come forward and testify. Three negro witnesses accordingly volunteered to testify to certain matters in the management of the prison, most of which had no relation to the acts of Major Lee.

After taking further testimony (the entire case consuming ten days) the commission repaired to the penitentiary and there closely examined into its condition and workings.

In their report the commission carefully reviewed the evidence and concluded as follows: "The commission have not failed to be impressed with the devotion, fidelity and skill with which in the midst of many embarrassments the present superintendent has labored in the performance of the various duties devolving upon him. The commission find that the charges of harsh and cruel treatment, made against him, are unfounded; and they regard the administration of Thomas B. Lee, as superintendent of the South Carolina penitentiary, as humane and efficient, and would consider any change in that important office at this time as fraught with danger to the people of the State and injurious to the interests and welfare of the institution and its inmates."

General Canby approved the findings of the commission, declared that no further action upon the petition for removal would be taken, and directed that a copy of the record be furnished the president of the Constitutional Convention.

While the investigation was in progress some of the parties (white and black) who had been pursuing Major Lee sent a man to him and offered to let him alone in his office if he would share with them the money appropriated for maintaining the penitentiary. The messenger was instantly ordered away. Later on a howling mob of negroes with a few whites, led by a white man, surrounded Major Lee's home in the nighttime and threatened him with violence-this, though in the house at the time were his wife and four young children. Fortunately for the rioters they lacked the courage to execute their threat.

The case of Major Lee is given thus somewhat at length because it shows how soon the corrupt purposes of the Republican party in South Carolina showed themselves. It is especially to be noted that some of those who took part in this disreputable affair had been members of the Constitutional Convention and were aspirants to still higher honors at the hands of their party.

PARTY NOMINATIONS.

At a convention held in Charleston during the last week of the Constitutional Convention the Republicans there assembled made the following nominations:

For Governor-Robert K. Scott, of Charleston.

T

I Lieutenant-Governor-Lemuel Boozer, of Lexington.