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JOUilNAL



OF THE



SENATE OF SOUTH CAROLINA:



BEING THE

t



SESSIONS OF I860,



COLUMBIA, S. C:

R. W. GIBDES, FTATE PRINTER.
1860.



■ )■



JOURNAL

OF THE

SENATE OF THE STATE OF SOUTH CAROLINA,

FOR

THE CALLED SESSIOX OF NOYEMBER, 1860.



JOURNAL

OF THE

SENATE OF THE STATE OF SOUTH CAPvOLINA.



AT tee' called SESSIO]^ OF NOYEMBER, 1860.



MONDAY^ NOVEMBER 5, 1860.

At 12, M. of this day, the Senators whose terra had not expired, together
with those elected at the late election for members of the General Assem-
bly, convened in the Senate Chamber at the Capitol in Columbia, in obe-
dience to the Proclamation of his Excellency the Governor.

On motion of Hon. CHARLES IRBY, Senator from Marlboro', the
Hon. FRANKLIN J. MOSES, Senator from Claremont, was called to the
Chair.

The Clerk of the late Senate then read the following Proclamation :

Executive Department,
Columbia, S. C, October 12, 1860.
Ey His Excellency, WILLIAM II. GIST, Governor aiid Commandcr-iv-
Chief in and over the State of South Carolina.
Whereas Electors of President and Vice President of the United States
are appointed by the General Assembly of South Carolina; and whereas an
Act of Congress, passed in 1846, fixed the time when these Electors shall
be appointed on a day when the Legislature of this State is not in regular
session. In consequence thereof, I, WILLL\M II. GIST, in the excrcisf
of the authority conferred by the Constitution to convene the Legislature
on extraordinary occasions, do issue this my proclamation, calling upon
those Senators of the General A.ssembly whose terms of office have not
expired, and those who have been now recently elected, and the members
of the House of Representatives who have been now recently elected, to
convene at Columbia on the first I^Ionday in November next, that thoy njny
be present, on the Tuesday following, to appoint Electors of President and



6



JOURNAL OF THE SENATE,



Vice President, in conformity to the Act of Congress above referred to;
and also that they may, if advisable, take action for the safety and protec-
tion of the State.

Given under my hand and the seal of the State, at Columbia, on the
twelfth day of October, in the year of our Lord one thousand eight
hunircd and sixty.

WM. H. GIST.
Isaac II. Means, Secretary of State.

The roll was called, and the following Senators, from the Election Dis-
tricts following, answered to their names :



Hon. J. Duncan Allen,
Charles Alston, Jr.,
M. T. Appleby,
S. W. Barker,
J. W. Blakency,

E. B. Bryan,
Gabriel Cannon,

0. M. Dautzler,
James E. DeLoach,

1. K. Furman,
Charles Irby,
Henry D. Lesesne,
R J. Manning,

F. J. Moses,
E. G. Palmer,
Edmund llhctt,
Elam Sharpe,
B. H. Wilson,



Barnwell.

All Saints.

St. George's, Dorchester.

St. John's, Berkeley.

Chesterfield. /

St. John's, Colleton.

Spartanburg.

St. Matthew's.

Prince AVilliam's.

St. Thomas' and S^t. Dennis'.

Marlboro'.

St. Philip's and St. Michael's.

Clarendon.

Clarcmont.

Fairfield.

St. Helena.

Pickens.

Prince George, Winyaw.



A quorum being present, the Senate proceeded with business. The
Election ])i.stricts were called, and the following Senators, from the Districts
opposite their names, appeared at the Clerk's desk, and presented their cre-
dentials. The constitutional oath was administered, and the Senators took
their seats :



Ahhcvillc — J. Foster Marshall.
Chester — Saml. iMcAliley.
Christ Church — Thomas M. WagnCT.
Darlinrjton — R. L. Hart.
Greenville — T. Edwin Ware.



MONDAY, NOVEMBER 5, 1860. 7

Kershaw — A. Hamilton Boykin.

KiiKjstoH — F. J. Sessions.

Lancaster — Dixon Barnes.

Leximjlon — Jolin C. Hope.

Marion — W. R.. Jclinson.

Neicherry — A. C Garlington.

Orange — G. D. Keitt.

St. Andreio's — W. Izard Bull.

St. James', Santee — Alexander Mazyck.

St. James', Goose Creek — J. C McKewn.

St. Luke's— F. W. Fickling.

St. PauCs—G. R. Boyle.

St. Peters— \\m. G. Roberds.

St. Philip's and St. Michael's — Yi/'m. D. Porter.

St. Stephen's— S. W. Palmer.

Union — Robert Beaty.

York—Vi. G. McCaw.

The President of the late Senate announced that, in consequence of the
election of the late Senator from Edireficld to the Chancery Bench, and the
death of the late Senators from Laurens and St. Bartholomew's, he had
issued writs of election for these three Election Districts respectively;
whereupon the following Senators appeared at the Clerk's desk and pre-
sented their credentials, and were duly sworn, namely:

Edgefield — Hon. Til man AVatson.

Laurens — lion. W. D. Simpson.

St. Bartholomew's — Hon. Nath'I Heyward.

The Senate then balloted for President, and on the inspection of the
ballots, it was ascertained that the Hon. "W. D. Porter, one of the Senators
from the Election District of St. Philip's and St. Michael's, and President
of the late Senate, was chosen.

On motion of Mr, MARSHALL, a Committee of three Senators was
appointed to wait upon the President elect and inform him of his election,
and conduct him to the Chair. Messrs. Marshall, Furman and Garlington
were appointed, and having performed the duty.

The PRESIDENT addressed the Senate as follows:

Senators : I thank you for this new manifestation of your confidence
and favor; and accept it in the same kindly spirit in which I know it is
tendered. It shall be my endeavor to discharge the duties of the ofljce
with fidelity, to promote the wishe* and give expression to the sense of the
body, according to the rules which have been laid down for our government.



JOURNAL OF THE SENATE,

One short year has removed from all earthly scenes three of those who
jirirticipatcd in our last deliberations. This is an unusual mortality. While
we paj' our last tribute to the memories of our departed a.ssociates, let us
take the solemn admonition home to our own hearts, and make timely
preparation of the eoming of the dread JMessenger, who eomes to each but
once, but comes to all.

T do not seek now to lift the veil that hides the future from our sight,
but we have all an instinctive feeling that wo are on the eve of great
events. His Excellency, the Governor, in his call, has summoned us to
"take action, if advisable, for the safety and protection of the State."
Heretofore we have consulted for its couvenicnce and well-being; now its
di'stiny, its very existence, depends, in great part, upon our action. It was
tlie Old injunction in times of great public peril, to the lloman Consuls, to take
care that the Ilepublic sustained no detriment — this charge and injunction
i.s now addressed to us. All that is dear and precious to this people — life ,
fortune, name, history — all is committed to our keeping, for weal or for woe,
for honor or for shame. Let us do our part, so that tho.se who come after
us shall acknowledge that we were not unworthy of the great trusts
devolved upon us, and not unequal to the great exigencies by which we
were tried. Above all things, let us be of one mind. We are all agreed
as to our wrongs. Let us sacrifice all diiferenees of opinion, as to the time
and mode of lemedy, upon the altar of patriotism, and for the sake of the
great cause. In our unanimity will be our strength, physical and moral.
No human power can withstand or break down a united people, standing
upon their own soil, and defending their homes and their firesides. May
we be so united, and may the Great Governor of men and of nations inspire
our hearts with courage, and inform our understandings with wisdom, and
lead us in the way of honor and of safety.

The further organization of the Senate was completed by the unanimous
ulection of the following oiEcers :

William E. Martin, Clerh.
A. D. GoODWYN, Reading Clerk.
A. D. Gaillard, Messenger.
J. D. Gaillard, Door Keeper.

A message was sent to the House of Representatives, delivered orally by
the Clerk, informing that House that the Senate had met, pursuant to the
proclamation of his Excellency the Governor, and had been organized by
the election of the officers above mentioned, and was now ready to proceed
with the business of the General Assembly,

On motion of Mr. McKEWN, a Committee was appointed to wait on his



MONDAY, NOVEMBER 5, 1860. 9

Excellency the Governor, and iiiforin liini that tlic Senate had met in obe-
dience to the call of his proclamation, and had been duly orsxanized, and was
now ready to receive any communication he might be pleased to make.
Messrs. McKewn, Allen and Alston were appointed the Committee.
Mr. MOSES offered the fvllowing resolution :

Rcsofvrd, That a Committee of one Senator from each Congressional
District, be appointed to nominate electors of President and Vice-President
of the United States, and that a message be sent to the House of Jlepre-
sentativcs proposing to that House the appointment of a similar Committee,
and, also, that the said election be held to-morrow at 12 o'clock.

The resolution was agreed to by the Senate. Messrs. Mdses, Garlin^ton,
Dantzlcr, Sharpe, JJarker and Barnes were appointed the Committee, and a
message was sent to the House of Kepreseutatives accordingly.

Mr. McKEWN, from the Committee to wait on the Governor, reported
that the Committee had performed the duty assigned them, and his Excel-
lency had informed the Committee that he would communicate with the
Senate forthwith.

Immediitely thereafter, the following 3Iessage was announced to the
Senate, and read b}' the Executive Secretary :

Executive Department,
Columbia, S. C, Nov. 5, 1860.
Grnflcmcn of the Senate and House of Rcjjresenlatives :

The Act of Congress passed in the year 1846, enacts that "the Electors
of President and Vice President shall bL> appointed on the Tuesday next
after the first Monday of the month of November of the year in which they
are to be appointed." The annual meeting of the Legislature of South
Carolina, by a constitutional provision, will not take place until the fourth
Monday in November instant, and I have considered it my duty, under the
authority conferred upon me to convcLc the Legislature on extraordinary
occasions, to convene you, that you may on tomorrow appoint the number of
Electors of President and Vice President to which this State is entitled.

Under ordinary circumstances, your duty could be cOon discharged, by the
election of Elcctore, representing the choice of the people of the State; but
in view of the threatening aspect of affairs, and the strong probability of
the election to the Presidency of a sectional candidate, by a party commit-
ted to the support of mcaaures which, if carried out, will inevitably destroy
our equality in the Union, and ultimately reduce the Southern States to
mere provinces of a consolidated despotism, to be governed by a fixed ma-
jority in Congress, hostile to our institutions, and fatally b<yit upon our



10 JOURNAL OF THE SENATE,

ruiu, I would respectful]}' suggest that the Legislature rciuain in session,
atjj take such action as will prepare the State for any emerLrency that may
arise.

That an expression of the will of the people may be obtained on a ques-
tion involving such momentous conse(|uences, I would earnestly recommend,
that in the event of the election of Abraham Lincoln to the Prcsid ncy, a
Convention of the people of this State be immediately called, to consider
iiud determine "the mode and measure of redress."

JMy own opinions of what tho Convention should do are of little moment;
iiut believing that the time has arrived when every one, however humble he
may be, should express his opinions in unmistakable language, I am con-
strained to say, that the only alternative left, in my judgment, is the
secession of South Carolina from the Federal Union. The indications
from many of the Southern States justify the conclusion that the secession
of South Carolina will b> immediately followed, if not adopted simul-
taneously by tliem, and ultimately by the entire South. The long desired
cooperation of the other States, having similar institutions, for which
the State has been waiting, seems to be near at hand, and, if we are
true to ourselves, will soon be realized. The State has, with great
unanimity, declared that she has the right peaceably to secede, and no
power on earth can rightfully prevent it. If in the exercise of arbitrary
power, and forgetful of the lessons of history, the Governn)ent of the
United States should attempt coercion, it will become our solemn duty to
meet force by force; and whatever may be the decision of the Convention
representing the sovereignty of the State — and amenable to no earthly tri-
bunal — shall, during the remainder of my administration, be carried out to
the letter, regardless of any hazard that naay surround its execution. I
would, also, respectfully recommend a thorough reorganization of the
Militia, .'■o as to place the whole military force of the State in a position to
be used at the shortest notice, and with the greatest efficieccy. Every man
in the State, between the ages of eighteen and forty-five, should be well
armed with the most effective weapons of modern warfare, and all the avail-
able means of the State used for that purpose.

in addition to this general preparation, I would also recommend that
the services of ten thousand volunteers be immediately accepted; that they
be organized and drilled by officers chosen by themselvc.«, and hold them-
selves in readiness to be called on, upon the shortest notice.

With this preparation for defence — and with all the hallowed memories
of past achievements — with our love of liberty and hatred of tyranny — and
with the knowledge that we are contending for the safety of our homes and
firesides — we can confidently appeal to the Disposer of all human events,
and safely trust our cause in his keeping. •^,, pr nrof



TUESDAY, NOVP^MBER 6, 1860. 11

On motion of Mr. GARLTNGTOX, the Mcssa<;e was ordered to be
printed, and was made the special order of the day for tomorrow, at half-
past twelve o'clock.

The followini;; resolutions, having been prefaced by feeling remarks, were
submitted to the Senate :

By Mr. W. I). SIMPSON :

Wiicrcas, Col. James II. Irby, late a member of this body, has been,
since the last session of the General Assembly, removed by death from his
position of usefulness and honor. Be it

liesolvrd, That in his death this body h;is lost one of its most useful and
prominent members, the people of Laurens an able, faithful and cflScient
Senator, and the State a valuable and distinguished citizen.

Rpsolvedj That a copy of these proceedings be transmitted to the family
of the deceased, as expressive of the sympathy of the Senate with them,
and of its high appreciation of his public services.

By Mr. N. HEY WARD:

Eeso/i-cd, That in the death of the Hon. Lewis O'Bryan, his constituency
have lost a faithful and diligent public servant and representative, and the
Senate of South Carolina a useful member.

licwlied. That the Senate wear the usual badge of mourning for the
death of a member.

The resolutions were unanimously agreed to, and the Senate, as a further
mark of respect to the deceased Senators — the hour for meeting tomorrow
being first fixed, on motion of Mr. G ARLINGTON, at eleven o'clock —
adjourned at twenty minutes to three, P. M.



TUESDAY, NOVEMBER 6, 1860.

The Senate met at 11, A. M., pursuant to adjournment.
The Clerk read the Journal of the proceedings of yeaterday.

ADDITIONAL SENATOR :
Hon. S. J. Montgomery, Senator from Williamsburg, appeared in his
seat in the Senate Chamber.



12 JOURNAL OF THE SENATE,

The folloTfing Message was received from the House of lleprescntativcs :

House op Hepresentatives, November G, 18G0.
Mr. PresiJent and Gentlemen of the Senate :

This House respectfully informs the Senate that this House has agreed to
a resolution for the appointment of Electors of President and Vice Presi-
dent of the United States 'or the term to commence on the 4th March next,
and that the said appointment be made by general ballot of the General As-
sembly, in the Hall of the House of Representatives, at J.2, o'clock, meri-
dian, ou Tuesday, 6th instant, as provided for by the Act of Congress of the
United States, ratified on the 2od day of January, l^Ab, and this House
respectfully requests the Senate to concur in said resolution.
13y order of the House,

JAMES SIxMONS, Sjjeaker.

The Senate concurred, and returned a Message accordingly, and immedi-
ately proceeded to the hall of the House of Representatives, and joined
that House in a ballot. Messrs. Allen and Alston were appointed the Com-
mittee on the part of the Senate to count the ballots.

At half past 12, P. M., the Senate proceeded to the Special Order for
this hour, the reference of the Message No. 1 of his Excellency the Gover-
nor. The reading was dispensed with, and Mr. GARLINGTON offered
the following resolution :

Resolved, That the Order making the jNIcssage of his Excellency the
Governor the Special Order for this day, at half past twelve o'clock, be dis-
charged, and that so much of said Message as relates to the call of a Con-
vention of the people of this State, the reorganization of the Militia, and
preparations for the defence of the State, be made the Special Order for
Thursday nest, at one o'clock, P. M. '

The resolution was considered and agreed to, and the order was made ac-
cordingly.

Mr. RHETT offered the following resolution :

Resolved, That the Treasurer of the Upper Division be, and is hereby,
instructed to settle the bills of the State Printer for work ordered by the
General Assembly aad executed since the last Session, out of any funds ap-
propriated for Public Printing during that Session.

The resolution was agreed to, cud was sent to the House of Representa-
tives for concurrence.



WEDNESDAY, NOVEMBER 7, 18G0.' 13

Leave of absence for the remainder of the Session was granted to the
Senator from Laurens on and after to-morrow.

On motion of Mr. WILSON, it was

Ordered, That when the Senate adjourns, it shall stand adjourned to
meet to-morrow, at 12.

On motion of Mr. BRYAN, the Senate adjourned at 20 minutes to 1,
V. M.



WEDNESDAY, NOVEMBER 7, 1860.

The Senate met at 12 o'clock, pursuant to adjournment.
The Clerk read the Journal of the proceedings of yesterday.
The PRESIDENT announced the Standing Committees of the Senate a.**
follows :

On rrivi/rf/es and E/ertions. — Messrs. F. W. Fickling, F. J. Moses,
Sam'l McAlilcy, B. H. Wilson, Dixon Barnes.

Cii Federal Relatione. — Messrs. A. C. Garlington, Olin M. Dantzler, J.
Duncan Allen, Wade Hampton, E. B. Bryan, II. D. Lcsesue, A. II. Boy-
kin, Alex. Mazyck.

On Finance and Banian. — Messrs. Sam'l McAli'.ey, Thos M. Wagner, E.
G. Palmer, Alex. Mazyck, G. D. Keitt, Gabriel Cannon, J. Foster Mar-
shall, A. II. Bnykin.

On the Judiciari/. — Messrs F. J. Moses, II. D. Lesesne, J. W. Blakeney.

F. W. Fickling, A. C. Garlington.

On Aceottnfs and Vacant Ojficea. — Messrs. Thomas ^I. Wagner, Tilman
Watson, T. Edwin Ware, W. R. Johnson, G. D. Keitt.

On Claims and Grievances. — Messrs. J, W. Harrison, Elam Sharpe,
Charles Irby, James E. DeLoach, J. C. Hope, C. Ryan Boyle.

On Military/ and Pensions. — Messrs. J. Foster Marshall, J. W. Harri.son,
Charles Alston, Jr., S. J. Montgomery, J. Duncan Allen, E. B. Bryan.

On the College, Education and Religion. — Messrs. Edmund Rhett, K. J.
Manning, S. W. Barker, Dixon Barnes, Nathaniel Hcyward.

On Incorporations and Engrossed Arts — Messrs. W. D. Simpsoii,
Charles Irby, T. Edwin Ware, Robert Beaty, Tiimao Watson.

On Agriculture and Internal Improremmts. — Messrs. E. G. Palmer, R.

G. McCaw, 0. M. Dantzler, S. W. Palmer, W. R. Johnson.



14 JOURNAL OF THE SENATE,

On Rorifls nnd Buihlings. — Messrs. Gabriel Cannon, J. C. Hope, F. J.
Sessions, W. G. Roberds, K. L. Hart, Robert Beaty.

On Lunatic A.<>/hnn ami Medical Accounts. — Messrs. Irvin K. Furman,
R. J. Mannin£^, S. W. Barker, xM. T. Appleby, J. C McKewn, R. L. Ilarf,
W. R. Johnson.

On Commerce, Mnnufacturcs and the Mechanic Arts. — Messrs. B. II.
Wilson, M. T. Appleby, Nathaniel Ilcyward, C. Ryan Boyle, J. C
McKewn.

On the Legislative Library. — Messrs. Wm. Izard Bull, Edmund Rhett,
Charles Alston, Jr., R. G. McCaw.

On the Xew Slate House. — Messrs. "Wade Hampton, Edward B. Bryan,
Samuel McAliley.

Mr. MOSES offered the following resolution :

Resolved, That the Committee on Federal Relations bo instructed to
report a Bill providintr for a Convention of the People of this State.

Mr. RHETT offered a substitute providing for the call of a Convention and
arranging the details thereof.

Mr. MAZYCK moved that the consideration of the resolutions be post-
poned until to-morrow; Avhich question was ordered to be decided by yeas
and nays, and they are as follows :

Those who voted in the affirmative are,

Messrs. J. Duncan Allen, Barker, Bull, Harrison, Johnson, Lesesne,
I\Ianning, Maz3'ck, McAliley, E. G. Palmer, Rhett, Simpson, Ware and
Wilson.

Those who voted in the negative are,

Hon. William D. Porter, President; Messrs. Alston, Appleby, Barnes,
Beaty, Blakeney, Boykin, Boyle, Bryan, Cannon, Dantzler, DeLoach,
Fickling, Furman, Garlington, Hart, Ileyward, Hope, Irby, Keitt, Mar-
shall, McCaw, McKewn, Montgomery, Mo.ses, Roberds, Sessions, Sharpe,
Wagner, Watson.

In the affirmative, 14,

In the negative, 30.

The motion to postpone, therefore, did not prevail.

The resolutions offered by the Senator from St. Helena (Mr. Rhett) were
then withdrawn, and the resolution offered by the Senator from Claremont
(Mr. Moses) was agreed to.

Resolutions in relation to the condition of the State, in its Federal rela-
tions and the duties growing out of them, were also offered by Mr. LE-
SESNE, one of the Senators from St. Philip's and St. Michael's, and by



THURSDAY, NOVEMBER 8, 1860. 15

Mr. HARRISON, the Sea-.itor from Anderson, and they were made the
Special Order uf tlic day for to morrow, at 1, P. M., and were ordered to be
printed.

Mr. ALLEN, from the Comniittce appointed, on the part of the tfcnatc,
to count the ballots for electors of President and Vice President of the
United States, reported that

Gen. Wm. E. Martin, of Charleston, and

Col. Andrew P. Calhoun, of Anderson,
"Were elected for the vState at largo, and the following* gentlemen were
elected for the Congressional Districts :

First — Mr. J. Williams.

Second— Col. T. Y. Simons.

Third— Col. O. P. Elliott.

Fourth — Hon. Tillman Watson.

Fifth — Gen. Joseph F. Gist.

Sixth— Hon. R. G. .^IcCaw.

^Ir. HOPE offered a resolution requesting the Presiding Officers of the
two Houses to inform the Governor of tlie foregoing election, which was
agreed to, and was sent to the House of Representatives for concurrence.

The House of Representatives sent to the Senate for concnrreuce a resolu-
tion as to the late appropriation for military contingencies, which was
referred to the Committee on Military and Pensions.

On motion of Mr. MOSES, it was

Ordered, That when the Senate adjouri.s it shall stand adjourned to meet
to-morrow at 12, M.

On motion of Mr. ?iIAZYCK, the Senate adjourned at 15 minutes past
1,P. M.



THURSDAY, NOVEMBER 8, i860.

The Senate met at 1'2, M., pursuant to adjournment.
The Clerk read the Journal of the proceedings of yi^strrday.
Mr. DANTZLER offered the following resolution, which was conaidcred
and agreed tn :



16 .TOURXAL OF THE SENATE,

Kesohrd, That the Hon. Edmund Ruffin, a distiniruishcd citizen of Vir-
ginia, who is now present in Columbia, be invited to a scat on the floor of
the Senate.

At half past 12, P. M., the following Message was received from his Ex-
cellency the Guvernor :

MESSAGE NO. 2.

Executive Department,
CoLUMiuA, Nov. 8, ISGO.
Gentlemen of (he Stixatr and House of Rcpresentaticcs :

In Tecoguizing the primary allegiance of every citizen to the State of
South Carolina, the Federal C)fficers in her limits may be subjected to
pecuniary loss by the forfeiture of their official bonds, if they sliould tender
their resignations and they were not accepted. And it would be unjust for
the State to require or permit the patriotic acts of the citizens to involve
them in heavy pecuniary losses, which to some may be the loss of their
entire estates.

1 would therefore respectfully and cnrncstly recommend that the State
should indcMnnif^ them for whatever losses they may sustain, by an act so
honorable to themselves, and indicative of such devotion to her.

WM. II. GIST.

On motion of .Air. GARLINGTON, the Message was ordered to lie on the



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