The Journal of Negro History, Volume 5, 1920. Various
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His Proclamation called upon the people to repeal the ordinances of secession form a constitution and make such preparations as were necessary to obtain admission into the Union. St. Helena parish was entitled to one delegate to that constitutional convention.
All the original inhabitants of the parish, upon the approach of the Federal forces, had fled. There was but one man left in the whole parish when the United States took possession of the town of Beaufort, and he was found in a garret dead drunk. Consequently when the convention was called the question arose who were citizens of the parish. There were few white natives of South Carolina in the parish. The managers of election were not present. Governor Perry had named the managers of the previous elections held under the confederate government as the ones to conduct the election now to be held, but none of these people were there. So a town meeting in the New England style was called to consider the situation, at which the colored people were in a large majority. Probably one hundred white ex-soldiers, army officers, settlers, clerks, quartermasters, employes, etc., came to the meeting. An examination of the law of South Carolina as to
showed that it required a three years' residence to be a citizen, and that no person then a soldier of the United States could vote in the state at any election. A long discussion followed, whether to nominate a candidate or not, which ended in a decision to nominate. Then came the query whether every one at the town meeting could take part in naming a candidate to be voted for. The advocates of Negro suffrage claimed that the colored native citizens of South Carolina had a better right to select the candidate to be voted for than any of the white men present. It should be remembered that at this time the Fifteenth amendment had not been adopted. The point was made on the other side that only those who would have the right to vote for such a candidate had the right to participate in the nomination. This proposition was voted down, however, by a large majority, and H.G. Judd, a philanthropist engaged in the work of educating the Negroes, was nominated. Subsequently, however, another meeting was held by the white settlers who had acquired a residence, and who were entitled under the laws of South Carolina to vote, having resided there three years, at which meeting I was nominated.
occurred the next day, and I received 36 votes and H.G. Judd 8 votes. There being no authorized managers of the election, the voters assembled at the polls on the morning of the election and elected three persons to act in that capacity. These persons made a certificate that I had received the largest number of votes at the election.
When the convention assembled in Columbia, I presented by credentials and could have been sworn in without question if I had preferred to make a statement to the convention that it might not act unadvisedly of the circumstances of my election. I asked that the credentials be referred to the committee on credentials. It was so ordered and I then appeared before the committee and related the facts. After the hearing a report was presented which stated that perhaps this was the only case known to legislative history in which a man contested his own seat, and that all the evidence for and against my right to the seat was presented by myself. The committee reported unanimously in favor of
A long debate, however, ensued in the convention upon the question, and it was finally decided only by the close vote of 53 to 50 that I be seated. George D. Tillman, now a member of Congress from South Carolina, made a very bitter speech against seating me. He thought the insolence of this Yankee was beyond precedent in claiming to represent the grand old parish of St. Helena, which had been represented in the past by Middleton, Rhett, Bull and other distinguished citizens of the State. In a speech that was really prophetic, he predicted that to admit me would be to show dragons' teeth, and that ultimately I would be followed by a horde which should devour the state.
James L. Orr made a speech in favor of my admission, and said that he hoped to see the state overrun with just such newcomers. I was, perhaps, the youngest man in the convention, and was surrounded by men of the first rank of the State. Scarcely a man in that convention but had a title. There were ex-senators, ex-governors, ex-chancellors, ex-judges and ex-members of Congress. It was the intellectual power of the state to say nothing of ex-generals, colonels and ex-captains of the confederate army. Probably two-thirds of those men had been members of the convention which carried the state out of the Union, and had looked upon that act at the time it was performed as
of a lifetime of agitation and anxiety. Now they were called upon to undo it all, but they seemed incapable of understanding the true position of affairs, and were totally ignorant of what had been accomplished by the war and blind to the logic of events.
For instance, one of the questions early raised and referred to the judiciary committee was whether Negroes should be allowed to testify in the courts. Judge Frost of Charleston introduced a resolution that the ordinance fixing the status of the Negro upon this question should be passed by the convention. Chancelor Ingalls, who recently died in Baltimore, opposed the proposition, claiming that a sovereign convention called as this was for a special purpose, ought not to legislate. Upon the question of discharging the committee from further consideration of the subject, there were but two votes in the negative, Judge Frost, the mover, a man of 80 years, and myself.
Isolated as I was from the start, I was treated by the convention with the utmost courtesy, and when I occasionally rose to speak, I received the
of the members, and the rather obtrusive attention of the ladies who filled the galleries. Such remarks could be heard as: "There, that Yankee is going to speak."
Another point that agitated the convention was, what laws should be passed to fix the status of the Negro, and, after a long discussion, a committee was appointed to frame a code of laws to be submitted to the legislature, which should assemble under the constitution adopted by this convention. The product of that commission was "The Black Code." Its intentions and provisions were foreshadowed in the debates of the convention. At the close of the debate I spoke for five minutes, closing with the prediction that if the convention thought that its work would be of any value to the state, they were mistaken. If the convention thought it possible to provide a different code of laws for the government of the loyal black citizens of the United States, from that which governed the disloyal white citizens of South Carolina, they did not understand what the war had accomplished. I said that I knew more of the
than it was possible for any man in that convention or all of them to know. While I spoke with modesty before men who had occupied high political positions in the past, I spoke with confidence as to the opinion of the people of the North who had waged a successful war against secession and slavery. Speaking for them I predicted that their laws would be made by major-generals and executed by provost-marshals until the last man present would fall into his grave before the North would admit the state into the Union under a constitution which did not recognize that all men were equal before the law. When I sat down there was a dead silence and solemn faces.
To show the opposition I excited, let me give another anecdote.
James L. Orr came to my room one evening and asked me not to be offended if he requested that upon a certain question he proposed to bring before the convention the next day I would not speak in its favor. He said: "There are fools enough in this convention that do not want anything that you do want, and every time you speak on a measure you hinder its adoption." The proposition he had at hand was to
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