[7] The office of Secretary to the Stipendiary Magistrates was established in order to assist Governor Sligo to get through the enormous amount of correspondence entailed by the complaints sent to him in connection with the administration of the laws with regard to the apprenticeship system.



THE RELATIONS OF NEGROES AND INDIANS IN MASSACHUSETTS

One of the longest unwritten chapters of the history of the United States is that treating of the relations of the Negroes and Indians. The Indians were already here when the white men came and the Negroes brought in soon after to serve as a subject race found among the Indians one of their means of escape. That a larger number of the Negroes did not take refuge among the Indians was due to the ignorance of the blacks as to the geographic situation. Not knowing anything about the country and unacquainted with the language of the white man or that of the Indians, most Negroes dared not venture very far from the plantations on which they lived. Statistics show, however, that in spite of this impediment to the escape of Negroes to Indian communities, a considerable number of blacks availed themselves of this opportunity. From the most northern colonies as far south as Florida there was much contact resulting in the interbreeding of Indians and Negroes.

In no case was this better exemplified than in Massachusetts. Because of the cosmopolitan influences in that State where the fur trade, fisheries, and commerce brought the people into contact with a large number of foreigners, the Indian settlements by an infusion of blood from without served as a sort of melting pot in which the Negroes became an important factor. There was extensive miscegenation of the two races after the middle of the seventeenth century. In the course of ten or twelve generations there was an opportunity for "foreign blood early introduced to permeate the whole mass and when it is considered that the intermixture was constantly kept up from the outside, it is a wonder that Indians of pure native race remained."[1]

According to the first authentic census of Massachusetts, published in 1765, all of the counties of the State except Hampshire, Hampden, and Franklin had both a Negro and Indian population. Barnstable had 231 Negroes and 515 Indians; Berkshire had 88 Negroes and 221 Indians; Bristol, 287 Negroes and 106 Indians; Dukes, 46 Negroes and 313 Indians; Essex, 1070 Negroes and 8 Indians; Middlesex, 860 Negroes and 45 Indians; Nantucket, 44 Negroes and 227 Indians; Suffolk, 844 Negroes and 37 Indians; Worcester, 267 Negroes and 34 Indians, making a total of 4900 Negroes and 1697 Indians.[2] After a careful survey of the Indian situation in 1861, however, it was discovered that only a part of these Indians had retained their peculiar characteristics and these had been finally reduced to a few reservations known as the following: Chappequiddick, Christiantown, Gay Head, Marshpee, Herring Pond, Natick, Punkapog, Fall River, Hassanamisco, and Dudley. There were other Indians at Yarmouth, Dartmouth, Tumpum, Deep Bottom, Middleborough, and a few scattered.[3]

The Indians were generally neglected for the reason that they were considered beyond the pale of Christianity, despite professions to the contrary. As a matter of fact, being wards of the State they were scantily provided for and their fundamental needs were generally neglected. They were offered few opportunities for mental, moral, or religious improvement for the reason that the missionary spirit which characterized Cotton Mather and John Eliot no longer existed. Only a small sum was raised or appropriated for their rudimentary education and with the exception of what could be done with the "Williams Fund" of Harvard College there was little effort made for their evangelization. Left thus to themselves, the Indians developed into a state within a state.

When, therefore, the Negroes became conscious of the wrongs they suffered in slavery, a few early learned to take refuge among the Indians and even after they were freed in Massachusetts their social proscription was such among the whites that some free people of color preferred the hard life among the Indians to the whiffs and scorns of race prejudice in the seats of Christian civilization. Coming into contact there with foreigners, who found it convenient to move among these morally weak people, the Negroes served as important factors in the melting pot in which the Indians were remade and introduced to American life as whites and blacks. Referring to the moral condition of the Fall River Indians, as a case in evidence, an investigator reported in 1861 that in two families there were twelve cases of bastardy and in one of them it was said that, of eight children, the paternity was apparently about equally divided among the Indian, Negro, and white races.[4]

The reports on the state of the Indians always disclosed the presence and the influence of Negroes among them. "Of the publishments of colored persons interested and the early records of Dartmouth," said J. M. Earle in 1861, "by far the larger proportion of those of them were Negro men to Indian women. In Yarmouth a large portion of those of Indian descent have intermarried with whites until their progeny has become white, their social relations are with those of that color and they are mingled with the general community having lost their identity as a distinct portion of the Hassanamiscoes and it would have been a fortunate thing for all if it had been so with them all. But the mixture in most of the tribes has been more with the Negro race than with the white until that blood probably predominates though there are still a considerable number who have the prominent characteristics of the Indians—the lank, glossy, black hair, the high cheek bones—the bright dark eye and other features peculiar to the race."[5]

Investigating the Indians of Gay Head in 1861, John M. Earle observed that the people of Gay Head, like those of other plantations, were a mixture of the red, white and black races. They had also "an infusion of the blood of the chivalry of the South as well as of the Portuguese and Dutch, as might be inferred from the names of Randolph, Madison, Corsa, Sylvia and Vanderhoop being found among them."[6] The admixture was much like that on the other plantations with perhaps a less infusion of the African than in some of them. A few were so strongly marked with Indian characteristics as to lead one to conclude that they are very nearly of pure blood, but there were none so nearly white as in some of the other tribes.

It appeared that these people had lived without the law, so to speak, in Massachusetts because of their refusal to accept certain regulations which the State desired to impose upon them. By the act of June 25, 1811, the governor was authorized to appoint three persons to be guardians of the Indian, Mulatto and Negro proprietors of Gay Head, which guardians, in addition to the usual powers given to functionaries in such cases, were empowered to take into their possession the lands of Indians, and allot to the several Indians such part of the lands as should be sufficient for their improvement from time to time. The act further provided for the discontinuance or removal of the guardians at the discretion of the governor and council.[7] Under this act three guardians were appointed and in 1814 the Indians became dissatisfied with their guardians, who resigned, and the guardianship disappeared.

In 1828 there was enacted another measure providing that whenever the Indians and people of color at Gay Head should by a vote in town meeting accept that act and should transmit to the governor an attested copy of the vote, the governor might then authorize the guardian to take up his duties at Gay Head, and might upon their request, appoint suitable persons to divide their lands. As the Indians had unpleasant recollections of the guardian-system, they never accepted that proposal. For about thirty years they were without any guardians, and their affairs, except that of the public schools, were left to themselves.

It appears, however, that the mere provision for the appointment of a guardian was not the only objectionable feature of the Act of 1828. The guardian was given power to "punish, by fine not exceeding twenty dollars, or by solitary imprisonment not exceeding twenty days, any trespasses, batteries, larcenies under five dollars, gross lewdness and lascivious behavior, disorderly and riotous conduct, and for the sale of spirituous liquors within the territory, or on the lands of these Indians and people of color.[8] The guardian or other justice of the peace might issue his warrant directed to the constable of the Indians and people of color, or other proper officer, to arrest and bring before him, any offender against the provisions of this act; and after judgment, he might order execution to be done by said constable or other proper officer; and if the guardian or other justice of the peace should adjudge any offender to solitary imprisonment, such offender should not, during the term of said imprisonment be visited by, or allowed to speak with any person other than the jailer, or the guardian or justice of the peace or such other person as the guardian or justice of the peace should specially authorize thereto; nor should such offender be allowed any food or drink other than coarse bread and water, unless sickness should, in the opinion of a physician, render other sustenance necessary,"[9] "With such a provision in the Act," said J. M. Earle, "making a discrimination so odious and unjust, between themselves and other prisoners, the Indians would have been greatly wanting in self-respect had they accepted it. It is a provision disgraceful to the statute book of the State, and discreditable to the civilization of the age. Yet two tribes, the Chappequiddick and the Christiantown, were made subject to the provisions of this law, without the power to accept or reject it, and are governed by it to this day"[10] (1861).

The Marshpee tribe doubtless had a larger infusion of Negro blood than any. When the population of this tribe was 327 in 1771, 14 of them were Negroes, married to Indians. In 1832 there were 315 inhabitants, of whom 16 were Negroes. According to the report of the Indian commissioner in 1849 the population was 305 in 1848, of whom 26 were foreigners, all Negroes or mulattoes. The tribe numbered 403 in 1859, "including 32 foreigners, married to natives of the tribe, all Negroes or mulattoes, or various mixtures of Negro, Indian, or white blood—none of them being pure whites."[11]

The Punkapog Tribe of Indians formerly dwelt on a tract of land in Canton, Norfolk County, containing five thousand acres, granted them by the General Court of Massachusetts. Before 1861, however, they had lost all of this property, the last of it being sold by the guardian, about 1841, in pursuance of a resolve of the legislature. "The full-blood Indians of the tribe," says the report of 1861, "are all extinct. Their descendants, who, like those of all the other tribes in the States, are of various grades of mixtures, of Indian, white, and Negro blood, number, so far as is ascertained one hundred and seventeen persons."[12]

According to the survey made in 1861 the moral condition of the Indians was rather low and it was a regret that the people of color exhibiting generally more moral stamina should be degraded by living among them. Accounting for this condition of Affairs a contemporary said of the low moral condition of the Fall River Indians in 1861: "The prejudice of color and caste, and the social proscription to which the colored people are subjected, has a twofold unfavorable effect upon them; first to detract from their self-respect and so to weaken the moral instincts, and then to throw them into the association of the more dissolute and degraded of other races, where they fall an easy prey to immoral habits. There are, however, in this tribe as well as the others, instances of those who rise above all the evil influences with which they are encompassed and maintain a good standing, as worthy and respectable members of the community. It would be a cause for gratification, if it could be said truly that these are increasing, or that there was any decided progress in the general character of the tribe. But, from all the evidence that can be gathered, it does not appear that, for the last twelve or fourteen years, there has been much, if any improvement in their moral and social condition,"[13]

The situation in the Hassanamisco Tribe shows how the Indians in some of these reservations became extinct. Interbreeding with both races they passed either to the blacks or to the whites. "But little trace of Indian descent is apparent in the members of this tribe," said J. M. Earle in 1861. "It is most marked in the few who have mixed chiefly with the whites, yet some of these have no perceptible indications of it, and have become identified with the white race. The remainder of the tribe have the distinguishing marks of African descent and mixed African and white, of various grades, from the light quadroon and mulatto, to the apparently nearly pure negro, and, in every successive generation the slight remaining characteristics of the race become less apparent."[14]

Referring to the Yarmouth Indians the investigator informs us that these had tended to go almost altogether over to the white race. "With this exception," said he, "nearly all of his descendants have intermarried with whites, down to the present day, so that they are substantially merged in the general community, having their social relations with white people, with the exception of one or two families."[15] It was observed that in all the families, in which both heads are living, there were only two in which one of them was not pure white, and those having the Indian blood were usually so little colored, that it would hardly be noticed by one not acquainted with the fact. Some of them had but one sixteenth part of Indian blood. Of the two widows found there in 1861 one was the wife of a white man. The other was a Marshpee Indian whose husband belonged to the Yarmouth tribe and she associated with the people of color.

Discussing the Middleborough Indians, the same report said: "They have been, for some time, commingled with them in the same community, generally under as favorable circumstances, in most respects, as the other colored population of the State, to which they assimilate and have not been subjected to the peculiar present disadvantages under which those labor who are residents of the plantations,"[16]

Because of numerous complaints to the effect that the unnecessary restrictions placed on Indians no longer dependents worked a hardship, the Commonwealth of Massachusetts enacted in 1861 a measure providing that all Indians and descendants of Indians in that State should be placed on the same legal footing as other inhabitants of that Commonwealth, excepting those who were supported or had been, in whole or in part, by the State and excepting also those residing on the Indian plantations of Chappequiddick, Christiantown, Gay Head, Marshpee, Herring Pond, Fall River and Dudley tribes or those whose homes were thereon and were only temporarily absent. It further provided that any Indian or person of color, thus denied the right of citizenship but desirous of exercising that privilege might certify the same in writing to the clerk of his town or city, who should make a record of the same and upon the payment of a poll tax should become to all intents and purposes a citizen of the State, but such persons should not return to the legal condition of an Indian. Indians unable to avail themselves of this opportunity remained under a guardian in their former state but by complying with this provision they finally emerged from their tribal state into the large body of citizens.

Giving further consideration to the situation among the Indians, the legislature of Massachusetts passed in 1869 what is known as An Act to Enfranchise the Indians of the Commonwealth. By this measure practically all Indians in that State were made citizens entitled to all the rights, privileges, and immunities and subject to all the duties and liabilities to which other citizens were entitled or subject. The same provision was made in the acts of 1884, 1890, 1892 and 1893.[17] With a proviso exempting from attachment or seizure on execution for a debt or liability existing before the passage of the law this measure further declared all Indian lands "rightfully held by any Indian in severalty and all such lands which had been or may be set off to any Indian should be and become the property of such person and his heirs in fee simple."[18]

The Indians thereby became vested not only with the rights of any other citizen to sell or control his interest in property whether legal or equitable but were given similar rights in the common lands which were transferable. Prior to this legislation the common lands had been exploited by the State for the benefit of those Indians having the status of wards. Recognizing only equitable rights of ownership in the Indians, the commonwealth kept their property under public guardianship to protect them from the consequences of their own improvidence. Indians had the right immediately to have their share of the common lands of the tribe transferred to them or sold for their special benefit. They were granted also the right to have their share in any funds or other property held in trust for the tribe turned over to them.

The Indians of the Marshpee and Gay Head settlements, however, were made exceptions in this case for the reason that the improvement in their condition was not adequate to justify the extension to them of the same treatment given others; but they were given these same rights in 1870.[19] By the Act of 1870 the district of Marshpee was abolished as such and incorporated as a town by that name. To establish the claim to the rights and privileges guaranteed other Indians in the Act of 1869, the Superior Court of the State was given jurisdiction and a board of Selectmen was constituted as the authority for making such applications instead of any member of a tribe.

It would seem that this legislation of 1869 and 1870 solved the problem of the wardship of Indians and free persons of color on the reservations. It developed thereafter, however, that all members of these communities were not in a position to maintain themselves. In 1902, therefore, it was enacted that the State Board of Charity upon the application of the overseers of the poor of any town should make provision in the State hospital or elsewhere for the support of Indians who may be unable to support themselves and have not acquired a settlement in any town. Upon the application of an Indian who received aid from the commonwealth prior to the twenty-third day of July in the year 1869, the State Board was obligated to furnish him in the State hospital or elsewhere such aid as it might consider expedient.

The provisions in the law of 1870 for the sale of certain lands in the proceeds of which these persons would share led to further action. In 1870 the probate court appointed commissioners to make partition of the common lands of the Marshpee Indians referred to in the Act of 1869. These commissioners did not make their report until 1878. In 1870 there was presented to the Superior Court by the Selectmen of Marshpee a petition for the division of common lands among the persons entitled thereto. In spite of argument to the contrary the Supreme Court of Massachusetts held that the members of the Indian tribes mentioned in the Act of 1869 acquired both legal and equitable rights in tenants in common of the undivided lands of the tribe which were transferable. It was provided in 1878 that the proceeds from the sale of such lands should be divided among the persons entitled to the land in proportion to their interests.

In 1870 the Gay Head district also was abolished and incorporated as a town. The Indians were guaranteed the same rights to lands in severalty and the division of common lands as in the case of other Indian communities thus disestablished. The partition of these lands was to be made in the Probate Court on application of the Selectmen or ten resident owners of such land. An Indian feeling aggrieved because of an invasion of his rights could appeal his case, according to the provision set forth in chapter 117 of the General Statutes of Massachusetts.[20]

Some of these Negroes from the very beginning of their association with the Indians took high rank.[21] The most prominent Negro of all, however, to come out of the Indian plantations was the celebrated Paul Cuffe, well known in this country and Europe by his efforts in behalf of African colonization. He was a native of the tribe of Dartmouth Indians, of mixed African and white descent. His important achievement was that of exploring the western coast of Africa with ships which he owned and fitted out and commanded and which he used in the transportation of Negroes to Africa where he was the first to undertake the deportation of freedmen from the United States, preparing the way for the organization of the American Colonization Society. On one of his voyages he visited England where he was received with marked attention by the nobility and the royalty itself. Men who knew Cuffe considered him a man of great character and respected him because of his being able by dint of energy to accumulate sufficient property to place himself in circumstances of pecuniary independence. Some of his descendants remained in the vicinity of the original Dartmouth Indians but others moved to California.[22]

Several families of Negroes in Massachusetts trace their ancestry back to these Indians. According to the Attorney General of Massachusetts, there are no special records kept at present of Negroes or persons of color who had interbreeded with Indians as regards the receipts by them of pensions from the commonwealth given as the result of having been dispossessed of their lands. Some persons of color assert, however, that they are the direct descendants of King Philip and Massasoit. Because of this close connection with the Indians it was necessary for the Commonwealth of Massachusetts on dispossessing the Indians of their lands to give these persons of color the benefits of the acts securing remuneration to the Indians. As these lands were disposed of regardless of the rights of the Indians, the State has assumed the obligation of satisfying these claims by pensioning the complainants.

Mr. William George Butler, of West Medford, Massachusetts, a man now sixty years of age, receives such a pension. Mr. Butler's father came to Boston from Baltimore about 1815 and married a woman of color with an infusion of Indian blood. In looking up her estate this connection was discovered and a petition was sent to the Massachusetts Legislature in her favor. Upon the investigation of her claim, which proved to be just, she was granted a pension of $250 a year, which Butler inherited.[23] In the following list of persons and tribes from which are descended all Indians who are at present receiving pensions from the Commonwealth, of Massachusetts, however, appear several Negroes or persons of color.[24] These are:

Lemuel D. and Anna Burr Ponkapoag Fannie S. Butler Wampanoag William G. Butler Wampanoag James L. Cisco Hassanamisco Delia L. Daley Oneida Alice Gigger Hassanamisco Elbridge G. Gigger Hassanamisco Angela M. Leach Pegon and Dudley Rebecca C. Hammond Algonquin Teeweleema Mitchell Wampanoag {Descendants of King Wontonekamuske Mitchell Wampanoag {Phillip and Massasoit Sarah B. Pocknett Algonquin Zeriah Robinson Wampanoag Samantha Talbot Oneida

C. G. Woodson

FOOTNOTES:

[1] Documents printed by order of the Senate of the Commonwealth of Massachusetts during the Session of the Grand Court, 1861, No. 96, p. 10.

[2] The figures given by The Centinel differed a little from these. According to its census in 1765, Barnstable had 516 Indians instead of 515; Bristol had 401 Negroes and 167 Indians; Essex 977 Negroes instead of 1,070; Middlesex 871 Negroes and 37 Indians; Nantucket 93 Indians instead of 149; Norfolk 420 Negroes instead of 414; Plymouth 223 Indians instead of 227; Suffolk 891 Negroes instead of 844; Worcester 304 Negroes instead of 267. See J. H. Benton's Early Census making in Massachusetts.

[3] Documents printed by order of the Senate, 1861, No. 96, passim.

[4] Documents printed by order of the Senate of Massachusetts, 1861, No. 96, p. 84.

[5] Documents printed by order of the Senate, 1861, No. 96, p. 10.

[6] Ibid., p. 34.

[7] The Laws of Massachusetts, 1811.

[8] Documents printed by order of the Senate, 1861, No. 96, pp. 38-39.

[9] Laws of Massachusetts, 1828.

[10] "Sixty-six out of the whole number of the tribe, at the time of the enumeration, were not residents of the District; but 52 of them were considered as retaining their rights in the tribe, and more than half of the 66 were understood to be only temporary residents abroad, expecting, at some time, to return to Marshpee, and make it their permanent place of residence. A few others, as a matter of personal convenience, are now residing just over the line, and are so returned, but they consider themselves as identified with the tribe in all respects, and are so considered by the tribe. Fourteen individuals, included in the above 66, whose names are in the 'Supplementary List,' own no land in the District, but have been gone so long from it, that they are not now recognized by residents as members of the tribe." Documents printed by order of the Senate, 1861, No. 96, p. 40.

[11] Documents printed by order of the Senate, 1861, No. 96, p. 47.

[12] Ibid., pp. 73-74.

[13] Documents printed by order of the Senate, 1861, No. 96, p. 84.

[14] Documents printed by order of the Senate, 1861, No. 96, p. 101.

[15] Ibid., p. 109.

[16] Ibid., pp. 131-132.

[17] Massachusetts Acts of 1884, 1890, 1892, and 1893.

[18] Massachusetts Acts of 1869, Chapter 463.

[19] "A method was also provided through which his title might be established. This was through Commissioners which were to be appointed by the Probate Court who were to act under the direction of the Court and determine all necessary questions and make their report from which the Court could make its order or decrees. Any person who deemed himself aggrieved had the right to appeal to the Supreme Judicial Court. The right of the Indians became vested and forcible the moment the statute took effect." See a statement from the present Attorney General of Massachusetts, dated December 1, 1919.

[20] "Section 5, chapter 463 of the Acts of 1869 provided that the general agent of the board of state charities shall take charge of the house, and all property connected therewith, in the town of Webster, belonging to the Commonwealth and permission was given him to lease the same to persona heretofore known as members of the Dudley tribe of Indians, upon terms substantially like those upon which they have heretofore occupied it; or to sell the same at public auction under the direction of the state board of charities and pay the proceeds of such lease or sale into the Treasury of the Commonwealth." Statement of present Attorney General of Massachusetts, submitted December 1, 1919.

[21] Samuel A. Drake, History of Middlesex County. Massachusetts, pp. 194, 280.

[22] John W. Cromwell, The Negro in American History, 98-103.

[23] These facts were obtained from Mr. Butler himself.

[24] This list was obtained from the office of the Attorney General of Massachusetts.



DOCUMENTS

To meet the demand for an enlargement of the liberty granted the Indians and the mixed breeds living on the reservations, the Massachusetts Legislature enacted in 1861 the following measure intended to offer every ambitious one of these groups a way of escape from the wardship of the State and at the same time safeguarding the interests of those who objected to having turned loose upon society a large number of dependents who could not function as persons having a permanent attachment to the community and primarily concerned with the welfare of the body politic.

COMMONWEALTH OF MASSACHUSETTS.

IN THE YEAR ONE THOUSAND EIGHT HUNDRED AND SIXTY-ONE.

AN ACT

CONCERNING THE INDIANS OF THE COMMONWEALTH

Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows:—

Sect. 1. All Indians and descendants of Indians in this State are hereby placed on the same legal footing as the other inhabitants of the Commonwealth, excepting those who are supported, or have been, in whole or in part, by the State, and excepting also, those residing on the Indian plantations of the Chappequiddick, Christiantown, Gay Head, Marshpee, Herring Pond, Fall River, and Dudley tribes, or those whose homes are thereon and are only temporarily absent.

Sect. 2. Any Indian or person of color, belonging to either of the tribes before mentioned, and residing within the limits of any town or city of this Commonwealth, to whom the right of citizenship is not extended by the first section of this act but who wishes to exercise that privilege, may certify the same in writing to the clerk of the town or city where he resides, who shall make record of the same: and upon paying a poll tax, he shall become, to all intents and purposes, a citizen of the State, and shall not, thenceforward, return to the legal condition of an Indian. And settlement shall be required, by those who become citizens, under the provisions of this act, in the same manner they are acquired by other persons, under the General Statutes of the Commonwealth.

Sect. 3. It shall be the duty of the governor, by and with the advice and consent of the council, to appoint an able, discreet, and suitable person, to be Indian commissioner, who shall hold his office for the term of three years, unless sooner removed by the governor and council. And the governor and council shall fill all vacancies which shall happen in said office, by death, resignation, expiration of said term, or otherwise. It shall be the duty of said commissioner to exercise a careful supervision over the affairs of all the Indians of the Commonwealth, not endowed by the provisions of this act, with the rights of citizenship, and to aid them, by advice, counsel, and whatever other suitable means may be within his control, to promote their welfare, to improve their general condition, and to qualify themselves, judiciously, and with safety to themselves and others, to be placed, at as early a time as may be, on the same legal footing as the other inhabitants of the Commonwealth. He shall exercise all the powers, perform all the duties, and be subject to all the restrictions, responsibilities and liabilities, which now by law appertain to the treasurer of Marshpee, and to the guardians of other tribes except so far as they may be charged or varied by the provisions of this act; and he shall give bonds, to the satisfaction of the governor and council, for the faithful performance of such trust.

Sect. 4. The said commissioner shall, as soon as is convenient, after his appointment, cause a registration to be made, on the basis of the general registration of the State, of all the members of the several tribes, specifying the parentage and date of the birth of each, as near as can be ascertained, and the date of all marriages of parties now living, with all the particulars, that are now required of town clerks, by the laws of the State, and having completed the same, up to the time required by law for the last preceding return to be made, he shall, thenceforward make and keep a true registration of all the births, marriages, and deaths, in each of the said tribes, and shall annually make due return thereof, the whole to be done in the same manner as is required of town clerks, and under the same liabilities and conditions that are, by law, imposed upon them.

Sect. 5. The said commissioner shall, in concurrence with the proper officers of the Gay Head tribe, cause a survey of all the land held in severalty, by the members of said tribe, setting out the same to each, by betes and bounds, and, when the survey is complete, shall cause a record of the portion of each proprietor to be made in the registry of deeds, of the county of Dukes County, and thereupon, the legal title shall vest in the several proprietors thereof, their heirs, and assigns, forever: provided, however, that no land on the plantation shall ever be alienated from the tribe or be held or possessed by any person who is not a member thereof; and when ever the family of any proprietor becomes extinct, the real estate of said proprietor shall revert to said tribe and become the property thereof, in common. And whenever, hereafter, any common land shall be taken up to be occupied and possessed in severalty, by any member of the tribe, having the concurrence of the tribe therein, the same shall be surveyed, set forth, and recorded, under the supervision of said commissioner, as is above provided; and no title to any common land, to be held in severalty, on said plantation shall be acquired in any other manner.

Sect. 6. The said commission shall cause a survey to be made of the Indian plantation at Fall River and the bounds thereof to be renewed, agreeably to the surveys made by order of the State in one thousand seven hundred and sixty-three. He shall ascertain to whom the several lots belong by hereditary descent from the proprietors to whom they belonged in one thousand seven hundred and sixty-four, so far as descendants of said proprietors still remain, and shall designate the same by the numbers of the lots respectively; and in the same manner, he shall designate the several lots, if such there be, of which the families of the former proprietors have become extinct, and shall make return of the same to the governor and council, for the use of the legislature, and shall report such other facts connected therewith as may be useful to them, and shall recommend such disposition of the land remaining in common, as in his judgment, shall be most conducive to the welfare of the Indians, and of the State.

Sect. 7. The said commissioner shall, as soon as the performance of the duties of his office shall have made him sufficiently acquainted with the necessities and wants of the Indians, and with the other facts necessary to qualify him for the service, prepare a bill embodying a system for governing, managing, and regulating the affairs of the several tribes, as nearly uniform in its provision respecting them severally, as the circumstances of the different tribes will permit, as a substitute for the present laws on that subject, and report the same to the governor and council for the consideration of the legislature, accompanied by the reasons on which the several provisions therein recommended are sustained.

Sect. 8. The Indians and people of color on Gay Head, and the officers by them appointed for the purpose, shall have the same powers in the management of their municipal affairs, and in relation to the employment of teachers, and the making and enforcing of all rules for the regulation and government of their schools, that by law are exercised by the inhabitants and corresponding officers of the several towns of the Commonwealth: provided, however, that this shall not be construed to authorize the alienation of any of the territory of the plantation: and provided, further, that no person shall be authorized to vote in municipal affairs, except natives of the Gay Head tribe, natives of other Indian tribes of this State married or having been married to a Gay Head woman and resident on the plantation, or such other person resident on the plantation and married or having been married to a Gay Head woman, as shall have the right conferred on him by a vote of two-thirds of the voters of the plantation.

Sect. 9. All acts and parts of acts heretofore passed, so far as they conflict with the provisions of this act, are hereby repealed.

Sect. 10. This act shall take effect from and after its passage.

If the legislature should decide not to authorize the appointment of a single commissioner for the State, I would propose the passage of the same Bill with the following amendments:—

Strike out the whole of section 3.

Strike out in section 4 the words "said commissioner shall, as soon as is convenient after his appointment," and insert the words—clerks of Marshpee, the guardians of the several plantation tribes, and the clerk of Gay Head shall.

In section 5, strike out the words "said commissioner," and insert the words—guardians of the Chappequiddick and Christiantown tribes. Also, in the latter portion of the same section, strike out the word "commissioner" and insert the word—guardian.

In section 6, strike out the words "said commissioner," and insert the words—guardian of the Troy or Fall River tribe.

Strike out section 7, entire.

Alter the numbering of the sections after 2, to correspond to the changes.

Insert the following section after section 8:—

Sect. —. No person shall be entitled to support by any tribe in the State, of whose parents, one only was an Indian, and whose residence was not on the plantation of the tribe at the time of his birth, unless the rights of himself or parents as members of the tribe, shall have been subsequently recognized by the tribe.



SOME NEGRO MEMBERS OF RECONSTRUCTION CONVENTIONS AND LEGISLATURES AND OF CONGRESS[1]

No systematic effort has hitherto been made to save the records of the Negro during the Reconstruction period. American public opinion has been so prejudiced against the Negroes because of their elevation to prominence in southern politics that it has been considered sufficient to destroy their regime and forget it. As future historians will seek for facts beyond those compiled by biased investigators now writing monographs in this field, a few persons realizing the importance of preserving the records in which the actual facts are set forth, are now directing the attention of the country to this neglected aspect of our history. These lists of suggestive names of the men who figured conspicuously in this recent drama will be decidedly useful in the collection of facts adequate to the presentation of both sides of the question. These lists are far from being complete. This is but a step in the right direction and persons in possession of such facts are earnestly urged to cooeperate in collecting them.

It has been extremely difficult to determine the race of the members of the various Reconstruction bodies. The lists of members as published in the Journals of the legislatures do not indicate the race. This has to be determined by contemporary information. The methods used by other persons and agencies in identifying the race have been various. The Negro members of the North Carolina General Assembly, for example, were indicated by the figure 37 in the State Manual listing all persons who had been in the Assembly. Where no such information could be obtained from printed matter, it has been necessary to rely upon information obtained from individuals who participated in the Reconstruction.

NEGRO MEMBERS OF THE ALABAMA CONSTITUTIONAL CONVENTION, 1867[2]

District Name County 1st John Carraway Mobile Ovide Gregory Mobile 6th Thomas Diggs Barbour 7th B. F. Royal Bullock 13th Washington Johnson Russell 15th Peyton Finley Montgomery 16th H. Stokes Dallas J. Hatcher Dallas 17th J. Wright McLeod Marengo 18th Benjamin Inge Sumter 19th Samuel Blanden Lee 21st Thomas Lee Perry 22nd J. K. Greene Hale B. F. Alexander Greene 42nd Lafayette Robinson Madison C. Jones Madison 43rd J. T. Rapier Lauderdale

NEGRO MEMBERS OF THE ALABAMA CONSTITUTIONAL CONVENTION, 1875[2]

District Name County H. A. Carson Lowndes 25th A. H. Curtis Perry 21st G. S. W. Lewis Perry

Senate[3]

Session 1872-1874

Name County Jeremiah Haralson Dallas J. W. Jones Lowndes Lloyd Leftwich Greene B F. Royal Bullock

Session 1874-1875 and 1875-1876

Name County A. A. Curtis Perry J. K. Greene Hale Jeremiah Haralson[4] Dallas J. W. Jones Lowndes Lloyd Leftwich Greene B. F. Royal Bullock

House

Session 1868 and 1869-1870

Name County Benjamin Alexander Greene J. H. Alston Macon Matt Avery Perry Samuel Blandon Lee N. A. Brewington Lowndes John Carraway (Speaker of House) Mobile George Cox Montgomery Thomas Diggs Barbour Joseph Draun Dallas J. K. Greene Hale Ovide Gregory Mobile George Houston Sumter Benjamin Inge Sumter C. Jones Madison G. S. W. Lewis Perry David Law Barbour Jeff McCally Madison H. W. W. Rice Talladega James Shaw Mobile Lawrence S. Speed Bullock Holland Thompson Montgomery William V. Turner Elmore Latty J. Williams Montgomery Henry Young Lowndes

Session 1870-1871 and 1871-1872

Name County H. Craig Montgomery A. H. Curtis Perry Thomas Diggs Barbour John Dozier Perry William D. Gaskins Lowndes Ned Gee Dallas J. K. Greene Hale Jeremiah Haralson Dallas R. L. Johnson Dallas Lawrence S. Speed Bullock Henry St. Clair Macon Holland Thompson Montgomery Mansfield Tyler Lowndes Latty J. Williams Montgomery

House

Session 1872-1873 and 1873-1874

Name County W. E. Carson Lowndes T. J. Clark Barbour Mentor Dotson Sumter John Dozier Perry Hale Ellsworth Montgomery Samuel Fantroy Barbour J. H. Goldsby Dallas J. K. Green Hale R. L. Johnson Dallas Reuben Jones Madison G. S. W. Lewis Perry Perry Matthews Bullock January Maul Lowndes G. R. Miller Russell Willis Merriweather Wilcox S. J. Patterson Autauga George Patterson Macon Robert Reid Sumter Bristo W. Reese Hale Lawrence S. Speed Bullock Henry St. Clair Macon Lawson Stelle Montgomery F. H. Threat Marengo J. R. Treadwell Russell Thomas Walker Dallas E. A. Williams Barbour Latty J. Williams Montgomery William V. Turner, Assistant Clerk Elmore Phillip Joseph, Engrossing Clerk Mobile W. H. Council, Assistant Engrossing Clerk Madison C. O. Harris, Assistant Enrolling Clerk Montgomery Stephen Russell, Page Montgomery

House

Session 1874-1875 and 1875-1876

Name County Elijah Baldwin Wilcox W. H. Blevins Dallas Matt Boyd Perry H. V. Cashin Montgomery Elijah Cook Montgomery Charles Fagan Montgomery W. D. Gaskin[5] Lowndes Captain Gilmer Montgomery C. E. Harris Dallas A. W. Johnson Macon Samuel Lee Lowndes G. S. W. Lewis Perry Jacob Martin Dallas P. Matthews Bullock G. W. Allen Bullock Willis Merriweather Wilcox George Patterson Macon Bristo W. Reese Hale Robert Reid Sumter C. S. Smith Bullock Manly Wynne Hale H. A. Carson[6] Lowndes E. W. Locke[6] Wilcox

NEGRO MEMBERS OF CONGRESS FROM ALABAMA

Year Name County Congress 1871-1873 Benjamin F. Turner Dallas 43rd 1873-1875 James T. Rapier Lauderdale 43rd 1875-1877 Jeremiah Haralson Dallas 44th

James H. Alston was a member of the Alabama Legislature for Macon County, 1868 and 1869-79. He was a shoemaker by trade and had formerly been a slave. It was reported that before the war there was a Military Company in the town of Tuskegee. The members of this company desired to have a drummer, and for this purpose they sent to South Carolina and bought James H. Alston. It was thought that he came from Charleston.

Henry Young was a member of the Alabama Legislature about 1868 and 1869-70. He was a slave who could read and write, having been taught by his master's children. He would, somewhat like Frederick Douglass, spell out the words on letters that he was called upon to deliver or to get from the post office, and in this way he also increased his ability to read.

CONWAY, ARK.,—October 14, 1916.

NEGROES IN POLITICS IN ARKANSAS DURING RECONSTRUCTION

In the constitutional convention of 1868, there were 8 Negro delegates, that is, J. W. Mason, Richard Samuels, William Murphy, Monroe Hawkins, William Grey, James T. White, Henry Rector and Thomas P. Johnson. (Proceedings of the Constitutional Convention of 1868, pages 2 to 5.)

Negroes in the Arkansas Legislature: Session April 2 to July 23, 1869, and session November 17, 1868, to April 10, 1869, were seven Negro members of whom J. W. Mason, the leading Negro in the Senate; W. H. Grey, leading Negro in the House. (Daily Republican, Oct. 1, 1868).

In the Legislature of January 2 to March 25, 1871, there were eleven Negro members: J. W. Mason and J. T. White in the Senate: J. M. Alexander, Austin Barrow, Conway Barbour, John Webb, Adam Johnson, Jeff Haskins, A. Mays, William Young, Carl Pope, A. J. Robinson, E. A. Fulton in the House. (Daily Republican, March 25, 1871.)

In the 19th session, January 6 to April 25, 1873, the last session before Baxter called his special session, something less than one fifth of all the members were Negroes. I have been unable to ascertain the exact number in this session, but from the standpoint of numbers, I would judge that there is no great difference between this session and the previous one. The Arkansas Gazette of January 12, 1873, says of the Negro members: "There are a few men among these colored members who are bright and intelligent, and much superior to some white members, but as a rule, this is not the case."

(Signed) THOMAS S. STAPLES, Hendrix College Conway, Arkansas

NEGRO MEMBERS OF THE FLORIDA LEGISLATURE DURING RECONSTRUCTION PERIOD AND AFTER

Senate

Year Name County 1880-1888 H. W. Chandler Marion 1881 T. V. Gibbs Duval 80's Joseph E. Lee Duval .... Thomas W. Long Marion 1881 Robert Meacham Jefferson 1881-1865 Daniel C. Martin Alachua .... G. W. Proctor Jefferson 1863 John E. Proctor Leon 80's Egbert C. Sammis Duval .... John Wallace Leon

Representatives

Year Name County 1885 Edward I. Alexander[7] Madison .... Josiah Armstrong Columbia .... Henry Black Jefferson 1879 Kellis B. Bonner Marion .... James Dean Bryant Monroe .... William Bradwell Duval 1881-83 Joseph N. Clinton Alachua 1881 Wallace B. Carr Leon .... Lucian Fisher Leon .... John Ford Leon .... Samuel Frazier Leon .... Robert Gabriel Monroe .... Alfred Grant Duval 1881 David E. Jacobs Marion Before 1881 Isaac Jenkins Leon .... A. J. Junius Jefferson .... Thorns W. Long Marion 1889-91 George A. Lewis[8] 80's Joseph E. Lee Duval .... Samuel Petty Nassau 1881-83 (about) A. B. Osgood .... Charles H. Pierce Leon 80's Riley E. Robinson Nassau .... Henry St. Clair Hernando .... John R. Scott, Sr. Duval .... I. E. Purcell Putnam

Representatives

Year Name County 1889-91 John R. Scott, Jr. Duval .... Charles Shavers Monroe .... Rev. Catherine B. Simmons Duval 80's Peter Okes Jefferson .... W. G. Stewart Leon Before 1881 John N. Stokes Leon .... N. Trenton Alachua .... Josiah T. Walls Alachua Probably before 1881 R. W. Washington Jefferson 80's George W. Wetmore Duval 1881-83 W. A. Wilkinson Marion .... George W. Witherspoon Escambia

Joseph N. Clinton was born in Pittsburgh, Pennsylvania, November 4, 1854, and was reared in Philadelphia, Pennsylvania. He attended the Institute For Colored Youth and then entered Lincoln University, where he was graduated in 1873. He then taught school in South Carolina, Maryland and Florida. In addition to being a member of the Florida Legislature, 1881-83, he was clerk in the United States Land Office of Florida. He was Inspector of Customs at Pensacola, and for fourteen years held the position of Internal Revenue Collector at Tampa.

H. W. Chandler was Senator, Marion County, 1880-1888. For sketch of early life, see Simmons' Men of Mark. He was delegate to the National Republican Convention 1884-1908. He was Inspector of Customs at Tampa from May 1908 to December 1913.

George H. Mays was marshal of Jacksonville. This was an elective office. The position made him head of police force with appointive powers.

James Dean was County Judge, Monroe County in 1889, but served less than one year. He was impeached for issuing license to a colored Cuban man to marry a white Cuban woman. This a custom in Cuba. Dean was impeached on ground that he had issued license to Negro to marry a white woman. He was summarily removed without a hearing. This was said to have been a put-up job, as the man was secured to get a license. Dean did not have a trial. The only way to get case reviewed was to institute quo warranto proceedings. To do this, it was necessary to get the permission of the State's Attorney General to use the State's name. He was not able to do this.

Mitchell Chappelle was Negro Mayor of LaVilla. Formerly these were two adjoining towns, Jacksonville and LaVilla. The two are now Jacksonville.

Charles Dupont was reported as being sheriff of Monroe County about 27 years ago.

In 1887 Republicans went out of power in Florida. The Constitutional Convention put Negroes and Republicans out.

NEGRO MEMBERS OF THE GEORGIA LEGISLATURE, 1868-69

Senate

Year District Name 1868-68 ...... A. Alpeoria Bradley (expelled). 1868-69 2nd Tunis G. Campbell (unseated, 1868-69)[10] reseated in 1870. 1868-69 20th George Wallace (unseated, 1868-69)[10] reseated in 1870.

House

Year Name County

1868-69 T .M. Allen Jasper Unseated 1862-69, Reseated in 1870[10] E. Barnes Hancock " " " " T. G. Campbell McIntosh " " " " G. H. Clower Monroe " " " " A. Colby Greene " " " " J. T. Costin Talbot " " " " Monday Floyd Warren " " " " S. Gardner Warren " " " " W. A. Golden Liberty " " " " W. H. Harrison Hancock " " " " U. L. Houston Bryan " " " " Philip Joiner Dougherty " " " " George Linder Laurens " " " " R. Lumpkin Macon Unseated 1862-69, Reseated in 1870[10] Romulus Moore Columbia " " " " Peter O 'Neal Baldwin " " " " James Porter Chatham " " " " A. Richardson Clarke " " " " J. M. Sims Chatham " " " " Abram Smith Muscogee " " " " Alexander Stone Jefferson " " " " H. M. Turner Bibb " " " " J. Warren Glynn " " " " Samuel Williams Burke " " " " M. Claiborne Harris " " " " R. B. Hall Burke " " " " —— Beard[11] Richmond Madison Davis[11] Clarke —— Fyall[11] Macon

House

Year Name County 1871 James Blue[12] Glynn 1872 " " " 1873 " " " 1874 " " " 1874 " " " 1875 " " " 1876 " " " 1877 " " " 1878 Thomas M. Butler[12] Camden 1879 " " " 1884 A. Wilson[12] Camden 1885 " " " 1886 Lectured Crawford[12] McIntosh 1887 " " " 1890 " " " John M. Holzendorf Camden 1891 Lectured Crawford McIntosh John M. Holzendorf Camden 1900 Lectured Crawford McIntosh H. A. McKay[12] Liberty 1901 Lectured Crawford McIntosh H. A. McKay Liberty 1902 W. H. Rogers12] McIntosh 1903 " " " " 1904 " " " " 1905 " " " " 1906 " " " " 1907 " " " " 1908 " " " "

LIST OF NEGRO MEMBERS IN MISSISSIPPI LEGISLATURE—1870

Senate

Name County Rev. H. R. Revels Adams Rev. William Gray Washington Rev. T. W. Stringer Warren Charles Caldwell Hinds Rubert Gleed Lowndes

House

Name County Charles P. Head Warren Peter Barrow Warren Albert Johnson Warren Henry Mayson Hinds C. F. Norris Hinds J. F. Bolden Lowndes John R. Lynch Adams H. P. Jacobs Adams Edmund Scarborough Holmes Cicero Mitchell Holmes Dr. J. J. Spellman Madison William Holmes Monroe Isham Stewart Noxubee Nathan McNeese Noxubee A. R. Davis Noxubee John Morgan Washington Dr. Stiles Washington W. H. Fonte Yazoo Ambrose Henderson Chickasaw M. T. Newsom Claiborne Emanuel Handy Copiah Merrimon Howard Jefferson J. Aaron Moore Lauderdale David Higgins Oktibbeha C. A. Yancy Panola J. H. Piles Panola H. M. Faley Wilkinson George W. White Wilkinson C. M. Bowles Bolivar Richard Griggs Issaquena George Charles Lawrence

John R. Lynch elected speaker of the House.

H. R. Revels elected to United State Senate for the unexpired term.

—From J. M. Garner, Reconstruction in Mississippi, New York, 1901.

NEGROES ELECTED IN 1871[13]

Name County Henry P. Jacobs Adams Reuben Kendrick Amite Joseph Smothers Claiborne Thomas McCain DeSota Monroe Bell Hinds William Johnson Hinds F. Stewart Holmes Richard Griggs Issaquena William Landers Jefferson Alfred Handy Madison Arthur Brooks Monroe A. K. Davis Noxubee Randle Nettles Oktibbeha John Cocke Panola H. C. Carter Warren F. D. Shadd Warren J. H. Morgan Washington H. M. Foley Wilkinson James M. Dixon Yazoo R. W. Houston Issaquena John R. Lynch Adams G. W. Gayles Bolivar Emanuel Handy Copiah J. H. Johnson DeSota Charles Reese Hinds H. H. Truehart Holmes Perry Howard Holmes James D. Cessar Jefferson James J. Spelman Madison James Hill Marshall William Holmes Monroe Isham Stewart Noxubee James H. Piles Panola Gilbert Smith Tunica W. H. Mallory Warren Charles W. Bush Warren John D. Webster Washington George W. White Wilkinson F. D. Wade Yazoo

ADDITIONS AND CORRECTIONS FOR MISSISSIPPI

Josiah T. Settle was a member of the House from Panola in 1883-84.

G. W. Gayles was a member of the House 1873-77 and a member of the Senate 1877 to some time after 1886. He was the last Negro to be a member of the Mississippi Senate. For sketch of his career see Simmons' Men of Mark, 379-381.

Garner, Reconstruction in Mississippi, page 294, gives Negro members of the Mississippi Legislature for 1873 as Senate, 9; House, 55. On page 402, for 1876, Senate, 5; House, 16. Total membership, Senate, 37. Total membership, House, 116.

NEGRO MEMBERS OF THE NORTH CAROLINA RECONSTRUCTION CONSTITUTIONAL CONVENTIONS, 1868 AND 1875

Dates of the Conventions January 14-March 17, 1868, and September 6-October 11, 1875. Total members of each Convention 120. Negro members, 13 in Convention of 1868, and 5 in Convention of 1875.

County Year Name Bertie 1868 P. D. Robbins Bryant Lee Caswell 1868 Wilson Cary Caswell 1875 Wilson Cary Craven 1868 C. D. Pierson Duplin 1868 J. W. Petterson Samuel Highsmith Edgcombe 1868 Henry C. Cherry Edgcombe 1875 W. P. Mabson Franklin 1868 John H. Williamson Halifax 1868 Henry Epps W. J. T. Hayes Halifax 1875 J E. O'Hara New Hanover 1868 A. H. Galloway New Hanover 1875 J. H. Smythe Wake 1868 James H. Harris Warren 1868 John Hyman Warren 1875 J. O. Crosby

NEGRO MEMBERS OF GENERAL ASSEMBLY OF NORTH CAROLINA DURING RECONSTRUCTION PERIOD AND AFTER[15]

County Year Senatorial Senators Representatives District Bertie 1868 ... ... Parker D. Robbins Bertie 1870 ... Parker D. Robbins Bertie 1876 3rd George A. Mebane ... Bertie 1881 ... Augustus Robbins Bertie 1883 3rd George A. Mebane ... Bladen 1874 ... John Newell Bladen 1879 ... John Newell Bladen 1881 ... John Newell Bladen 1883 ... John Newell Caswell 1868 ... Wilson Cary Caswell 1870 24th Wilson Cary ... Caswell 1874 ... Wilson Cary Caswell 1876 ... Wilson Cary Caswell 1879 ... Wilson Cary Caswell 1883 ... James W. Poe Caswell 1889 ... Wilson Cary Chowan 1870 ... John R. Page Chowan 1874 ... Richard Elliott Craven 1868 ... A. W. Stevens B. W. Morris Craven 1870 ... R. Tucker E. R. Dudley G. B. Willis Craven 1872 ... I. B. Abbott E. R. Dudley Craven 1874 8th Richard Tucker John R. Good Edward H. Hill Craven 1879 ... Willis D. Pettipher Craven 1881 ... J. (Geo.) H. White Craven 1885 8th George H. White John E. Hussey Craven 1887 8th Charles C. Clark John E. Hussey Craven 1889 ... John E. Hussey Craven 1899 ... Isaac H. Smith Cumberland 1868 ... John S. Leary Isham Sweat Edgecombe 1868 ... Henry C. Cherry Edgecombe 1870 ... Willis Bunn R. M. Johnson Edgecombe 1872 7th Henry Eppes Willis Bunn Edgecombe 1874 5th W. P. Mabson Willis Bunn Edgecombe 1876 5th W. P. Mabson Willis Bunn Edgecombe 1883 5th Robert R. Gray A. R. Bridgers Edgecombe 1885 5th R. S. Taylor B. W. Thorpe Edgecombe 1887 5th R. S. Taylor Franklin 1868 ... John H. Williamson Franklin 1870 ... John H. Williamson Franklin 1872 ... John H. Williamson Franklin 1876 ... John H. Williamson Franklin 1887 ... John H. Williamson Granville 1868 ... Cuffie Mayo A. A. Crawford Granville 1870 ... W. H. Reavis Granville 1872 ... H. T. Hughes Granville 1874 ... W. H. Crews H. T. Hughes Granville 1876 21st Hanson T. Hughes W. H. Crews Granville 1893 ... W. H. Crews Halifax 1868 6th Henry Epps H. T. J. Hayes Ivey Hutchings Halifax 1870 6th Henry Epps John R. Bryant Halifax 1872 4th Henry Epps John R. Bryant Halifax 1874 4th John R. Bryant J. A. Jones John A. White Halifax 1876 4th John R. Bryant John A. White Halifax 1879 4th Henry Eppes John A. White Halifax 1887 4th Henry Eppes John A. White Hertford 1870 ... W. D. Newsom New Hanover 1868 13th A. H. Galloway George W. Price John S. W. Eagle New Hanover 1870 13th G. W. Price, Jr. G. L. Mabson New Hanover 1872 12th George L. Mabson Wm. H. McLaurin Alfred Lloyd New Hanover 1874 ... H. Brewington W. H. Moore Alfred Lloyd New Hanover 1876 12th W. H. Moore J. C. Hill New Hanover 1879 ... H. E. Scott New Hanover 1881 12th H. E. Scott ... New Hanover 1883 12th H. E. Scott ... Northampton 1883 ... Wiley Baker Wake 1868 ... James H. Harris Wake 1870 ... Willis Morgan Stewart Ellison Wake 1872 18th James H. Harris Stewart Ellison Wake 1879 ... Stewart Ellison Wake 1883 ... James H. Harris Wake 1895 ... James H. Young Wake 1897 ... James H. Young Warren 1868 20th John A. Hyman William Cawthorn Richard Falkner Warren 1870 20th John A. Hyman William Cawthorn Richard Falkner Warren 1872 19th John A. Hyman J. W.H. Paschall Warren 1874 19th John M. Paschall Warren 1879 19th Isaac Alston Warren 1891 19th Isaac Alston Washington 1881 ... Alexander Hicks

NUMBER WHITE AND NEGRO MEMBERS EACH SESSION OF THE ASSEMBLY IN WHICH THERE WERE NEGRO MEMBERS

(Number Senators in Assembly, 50; Representatives, 120)

Year White Negro

1868 Senators 47 3 Representatives 102 18 1870 Senators 46 4 Representatives 101 19 1872 Senators 45 5 Representatives 108 12 1874 Senators 45 4 Representatives 107 13 1876 Senators 45 5 Representatives 113 7 1879 Senators 48 2 Representatives 114 6 1881 Senators 49 1 Representatives 116 4 1883 Senators 47 3 Representatives 115 5 1885 Senators 48 2 Representatives 118 2 1887 Senators 47 3 Representatives 117 3 1889 Senators 50 - Representatives 118 2 1891 Senators 49 1 Representatives 120 - 1893 Senators 50 - Representatives 119 1 1895 Senators 50 - Representatives 119 1 1897 Senators 50 - Representatives 119 1 1899 Senators 49 1 Representatives 119 1

DELEGATES TO THE SOUTH CAROLINA CONSTITUTIONAL CONVENTION[16] HELD AT CHARLESTON, JANUARY 14 TO MARCH 18, 1868[17]

Abbeville—John A. Hunter, B. Milford, white; H. J. Lomax, W. N. Joiner, Thomas Williamson, colored.

Anderson—William Perry, N. J. Newall, white; Samuel Johnson, colored.

Berkeley—M. F. Becker, D. H. Chamberlain, Timothy Hurley, Joseph H. Jenks, A. C. Richmond, white; William Jervey, Benjamin Byas, W. H. W. Gray, George Lee, colored.

Beaufort—J. D. Bell, R. G. Holmes, white; F. E. Wilder, L. S. Langley, W. J. Whipper, Robert Smalls, J. J. Wright, colored.

Barnwell—C. P. Leslie, Niles G. Parker, white; James N. Hayne, A. Middleton, C. D. Hayne, Julius Mayer, colored.

Charleston—A. G. Mackey, C. C. Bowen, Gilbert Pillsbury, white; F. L. Cardozo, William McKinlay, R. H. Cain, R. C. DeLarge, A. J. Ransier, colored.

Chester—Purvis Alexander, Barney Burton, Sancho Sanders, colored.

Chesterfield—R. J. Donaldson, white; H. L. Shrewsbury, colored.

Clarendon—Elias E. Dickson, white; William Nelson, colored.

Colleton—J. S. Craig, white; William M. Thomas, William Driffle, W. M. Vinery, colored.

Darlington—B. F. Whittemore, white; Isaac Brockenton, Jordan Lang, Richard Humbird, colored.

Edgefield—Frank Arnim, white; R. B. Elliott, Prince R. Rivers, John Bonum, David Harris, John Wooley, colored.

Fairfield—James M. Rutland, white; H. D. Edwards, Henry Jacob, colored.

Georgetown—Henry W. Webb, white; F. F. Miller, Joseph H. Rainey, colored.

Greenville—James M. Allen, J. M. Runion, white; Wilson Cook, W. B. Johnson, colored.

Horry—Henry Jones, A. R. Thompson, colored.

Kershaw—J. K. Jillson, S. G. W. Dill, white; John A. Chestnut, colored.

Lancaster—Albert Clinton, Charles Jones, colored.

Lexington—Lemanuel Boozer, Simeon Corley, white.

Laurens—Joseph Crews, Y. J. P. Owens, white; Harry McDaniels, Nelson Davis, colored.

Marion—W. S. Collins, white; J. W. Johnson, H. E. Hayne, B. A. Thompson, colored.

Marlboro—Calvin Stubbs, George Jackson, colored.

Newberry—B. O. Duncan, white; James Henderson, Lee Nance, colored.

Orangeburg—E. W. M. Mackey, white; E. J. Cain, W. J. McKinlay, T. K. Sasportas, B. F. Randolph, colored.

Pickens—M. Mauldin, Alexander Bryce, L. B. Johnson, white.

Richland—Thomas J. Robertson, white; W. B. Nash, S. B. Thompson, C. M. Wilder, colored.

Spartanburg—J. P. F. Camp, J. S. Gentry, white; Rice Foster, Coy Wingo, colored.

Sumter—T. J. Coghlan, F. J. Moses, Jr., white; W. E. Johnson, Samuel Lee, colored.

Union—J. H. Goss, white; Abram Dogan, Samuel Nuckles, colored.

Williamsburg—William Darrington, white; C. M. Olsen, S. A. Swails, colored.

York—J. L. Neagle, William E. Rose, white; J. W. Mead, J. H. White, colored.

Three of the delegates elected failed to attend,—F. A. Sawyer, white, Charleston; John K. Terry, white, Colleton; George D. Medis, colored, Edgefield.

Of the 124 delegates elected, forty-eight were white and seventy-six colored. The white men classed as Republicans were about equally divided as natives or newcomers—in the vernacular of the times, "scalawags" or "carpetbaggers."

The following table gives the previous residence of the delegates:

Whites Negroes

South Carolina 23 South Carolina 59 North Carolina 3 Pennsylvania 2 Georgia 1 Michigan 1 Massachusetts 7 Georgia 1 Connecticut 1 Tennessee 1 Rhode Island 1 Ohio 1 New York 1 North Carolina 1 Other Northern States 5 Virginia 1 England 2 Massachusetts 2 Ireland 1 Dutch Guiana 1 Prussia 1 Unknown 6 Denmark 1 —- Unknown 1 76 —- 48

SENATORS OF SOUTH CAROLINA—RECONSTRUCTION PERIOD[18]

*[19]—— Barber Fairfield Co. —— Bird Fairfield Co. R. H. Cain Charleston Co. *Lawrence Cain Edgefield Co. *Rev. H. Cardozo Kershaw Co. F. A. Clinton Lancaster Co. *S. E. Gaillard Charleston Co. Samuel Green Beaufort Co. formerly of H. of Rep. *C. D. Hayne Aiken Co. H. E. Hayne Marion Co. *W. R. Jervey Charleston Co. *Rev. W. E. Johnson Sumter Co. *W. H. Jones Georgetown Co. *—— Jamison Orangeburg Co. *John Lee Chester Co. H. J. Maxwell Marlboro Co. *W. F. Myers Colleton Co. W. Beverley Nash Richland Co. J. H. Rainey Georgetown Co. Rev. B. F. Randolph Orangeburg Co. *Robert Smalls Beaufort Co. S. A. Swails Williamsburg Co. *J. H. White York Co. Rev. B. H. Williams Georgetown Co. Lucius Wimbush Chester Co. *Thomas E. Miller Beaufort Co. R. E. Wall Kershaw Co.

MEMBER OF THE HOUSE OF REPRESENTATIVES OF SOUTH CAROLINA DURING RECONSTRUCTION PERIOD[20]

*—— Bascomb Beaufort Co. S. J. Bampfield Beaufort Co. B. A. Bosemon Charleston Co. Joseph D. Boston Newberry Co. *J. A. Bowley Georgetown Co. Benjamin Byas Berkley Co. E. J. Cain Berkley Co. *J. E. Clyde Charleston Co. Wilson Cook Greenville Co. *—— Davis Charleston Co. *James Davis Richland Co. R. C. DeLarge Charleston Co. W. A. Driffle Colleton Co. *Major M. R. Delaney Charleston Co. *William Elliott Charleston Co. R. B. Elliott Edgefield Co. *—— Ellison Abbeville Co. *—— Fraser Colleton Co. *John Freeman Charleston Co. *F. H. Frost Williamsburg Co. *John Gilmore Richland Co. *W. A. Grant Charleston Co. *Adam Green Aiken Co. Charles Green Georgetown Co. *Samuel Green Beaufort Co. Thomas Hamilton Beaufort Co. David Harris Edgefield Co. *H. E. Hayne Marion Co. *Zachariah Hines Darlington Co. *—— Howard Marion Co. Richard Humbert Darlington Co. Rev. H. H. Hunter Charleston Co. *S. J. Keith Darlington Co. S. J. Lee Edgefield Co. Harry McDaniels Laurens Co. *Thomas McDowell Georgetown Co. John W. Mead York Co. Thos. E. Miller Beaufort Co. *A. Middleton Barnwell Co. Chas. S. Minort Richland Co. June Mobley Union Co. *Wm. Moultrie Georgetown Co. Nathaniel B. Myers Beaufort Co. *—— Nehemiah Beaufort Co. *Fred Nix, Jr. Barnwell Co. Saml. Nuckles Union Co. *Lee Nance Newberry Co. R. J. Palmer Richland Co. M. H. Priolean Charleston Co. *J. H. Rainey Georgetown Co. G. A. Reed Beaufort Co. Prince Rivers Edgefield Co. *John Rue Beaufort Co. Sancho Saunders Chester Co. H. L. Shrewsbury Chesterfield Co. *—— Singleton Darlington Co. *Paris Simpkins Edgefield Co. Wm, Simmons Richland Co. J. A. Smith Darlington Co. *Butler Spears Sumter Co. *Jas. A. Spencer Abbeville Co. *Nath. T. Spencer Charleston Co. D. A. Straker Orangeburg W. H. Thomas Newberry Co. Rev. W. M. Thomas Colleton Co. S. B. Thompson Richland Co. *Robert Turner Charleston Co. James Wells Richland Co. *Ellison Weston Richland Co. W. J. Whipper Richland Co. B. A. Thompson Marion Co. *Isaac Brockenboro Darlington Co. *T. Andrews Sumter Co.

Additional names by Bishop George W. Clinton.

Aaron Logan Nelson Davis, York Allen Hudson, Lancaster Alfred M. Moore, Fairfield Samuel P. Coker.

See Reynold's Reconstruction, p. 505.

MEMBERS OF SOUTH CAROLINA GENERAL ASSEMBLY, 1868[22]

Senators

*Anderson—John H. Reid, white. Barnwell—C. P. Leslie, white. Beaufort—J. J. Wright, colored. Charleston—D. T. Corbin, white; R. H. Cain, colored. Chester—Lewis Wimbush, colored. Chesterfield—R. J. Donaldson, white. Clarendon—E. E. Dickson, white. Colleton—William R. Hoyt, colored. Darlington—B. F. Whittemore, white. Edgefield—Frank Arnim, white. Fairfield—James M. Rutland, white. Georgetown—Joseph H. Rainey, colored. Greenville—James M. Allen, white. *Horry—H. Buck, white. Kershaw—J. K. Jillson, white. *Lancaster—R. M. Sims, white. Laurens—Y. J. P. Owens, white. Lexington—E. S. J. Hayes, white. Marlboro—H. J. Maxwell, colored. Marion—Henry E. Hayne, colored. Newberry—C. W. Montgomery, white. *Oconee—D. Biemann, white. Orangeburg—B. F. Randolph, colored, succeeded by Joseph A. Greene, colored. *Pickens—T. A. Rodgers, white. Richland—W. B. Nash, colored. *Spartanburg—Joel Foster, white. Sumter—T. J. Coghlan, white. Union—H. W. Duncan, colored. Williamsburg—S. A. Swails, colored. York—William E. Rose, white.

The number of white senators elected was twenty-one, and of colored, ten.

Representatives

Abbeville—George Dusenberry, T. B. Milford, James Martin, white; R. M. Valentine, W. J. Lomax, colored.

*Anderson—John B. Moore, B. Frank Sloan, John Wilson, all white.

Barnwell—B. F. Berry, W. J. Mixson, white; C. D. Hayne, James N. Hayne, Julius Mayer, R. B. Elliott, colored.

Beaufort—C. J. Stolbrand, Charles S. Kuh, white; W. J. Whipper, P. E. Ezekiel, Robert Smalls, G. A. Bennett, W. C. Morrison, colored.

Charleston—Reuben Tomlinson, Joseph H. Jenks, John B. Dennis, F. J. Moses, Jr., B. F. Jackson, white; R. C. DeLarge, A. J. Ransier, colored.

W. H. W. Gray, B. A. Bosemon, George Lee, William McKinlay, W. J. Brodie, John B. Wright, William R. Jervay, Abraham Smith, Samuel Johnson, Stephen Brown, Edward Mickey, colored.

The counties marked * were Democratic.

Chester—Barney Humphries, Sancho Sanders, Barney Burton, colored.

Chesterfield—H. L. Shrewsberry, D. I. J. Johnson, colored.

Clarendon—William Nelson, Powell Smyth, colored.

Colleton—George F. McIlntyre, white; W. B. Hoyt, W. M. Thomas, Wm. Driffle, colored.

Darlington—G. Holliman, white; Jordan Lang, John Boston, Alfred Rush, colored.

Edgefield—T. Root, white; David Harris, Samuel J. Lee, John Wooley, Prince R. Rivers, John Gardner, Lawrence Cain, colored.

Fairfield—L. W. Duvall, white; Henry Jacob, Henry Johnson, colored.

Georgetown—Henry W. Webb, white; F. F. Miller, W. H. Jones, colored.

Greenville—Samuel Tinsley, John B. Hyde, white; Wilson Cook, W. A. Bishop, colored.

*Horry—Zadock Bullock, W. W. Waller, white.

Kershaw, S. G. W. Dill, white; John A. Chestnut, J. W. Nash, colored.

*Lancaster—T. Frank Clyburn, W. G. Stewart, white.

Laurens—Joseph Crews, white; Griffin Johnson, Wade Perrin, Harry McDaniels, colored.

Lexington—G. A. Lewie, white; H. W. Purvis, colored.

Marlboro—T. B. Stubbs, white; John G. Grant, colored.

Marion—W. S. Collins, white; Evan Hayes, B. A. Thompson, colored.

Newberry—Joseph Boston, James Hutson, James Henderson, colored.

*Oconee—O. M. Doyle, W. C. Keith, white.

Orangeburg—W. J. McKinlay, T. K. Sasportas, F. DeMars, E. J. Cain, James P. Mays, colored.

*Pickens—W. T. Field, white.

Richland—S. B. Thompson, William Simmons, C. M. Wilder, Aesop Goodson, colored.

*Spartansburg—Samuel Littlejohn, Robert M. Smith, Javan Bryant, C. C. Turner, white.

Sumter—John H. Ferriter, white; W. E. Johnson, James Smiley, Burrell James, colored.

Union—Samuel Nuckles, Junius Mobley, Simon Farr, colored.

Williamsburg—C. H. Pettingill, white; R. F. Scott, Jefferson Pendergrass, colored.

York—P. J. O'Connell, John L. Neagle, white; J. H. White, John W. Mead, colored.

The number of white representatives was forty-six, and of colored seventy-eight. On joint ballot there were sixty-seven whites and eighty-eight colored—135 Republicans and twenty Democrats.

The counties marked * were Democratic.

SENATORS AND REPRESENTATIVES ELECTED TO SOUTH CAROLINA GENERAL ASSEMBLY IN 1876[23]

*Aiken—Senator, A. P. Butler; Representatives, C. E. Sawyer, J. Woodward, L. M. Asbill, J. G. Guignard, all white.

*Abbeville—Senator, J. C. Maxwell; Representatives, W. K. Bradley, R. R. Hemphill, F. A. Connor, Wm. Hood, J. L. Moore, all white.

*Anderson—Representatives, H. R. Vandiver, R. W. Simpson, W. C. Brown, James L. Orr, all white.

*Barnwell—Senator, J. M. Williams; Representatives, I. S. Bamberg, John W. Holmes, L. W. Youmans, W. A. Rountree, Robert Aldrich, all white.

Beaufort—Senator, Samuel Green; Representatives, Thomas Hamilton, Hastings Gantt, Joseph Robinson, George Reed, N. B. Myers, Thomas E. Miller, all colored.

Charleston—Senator—W. M. Taft (white); Representatives, E. W. M. Mackey (white), J. J. Lesesne, B. F. Smalls, Robert Simmons, W. C. Glover, F. S. Edwards, Isaac Prioleau, John Vanderpool, William J. Brodie, J. S. Lazarus, S. C. Brown, Benjamin F. Capers, A. P. Ford, Richard Bryan, Julius C. Tingman, Abram Smith, W. G. Pinckney, colored.

Chester—Representatives, John Lee, Samuel Coleman, Purvis Alexander, all colored.

*Chesterfield—Representatives, J. C. Coit, D. T. Redfearn, all white.

Clarendon—Representatives, S. Melton, H. Boston, all colored.

*Colleton—Representatives, H. E. Bissell, J. M. Cummins, S. E. Parler, white; William Maree (colored), R. Jones (white).

Darlington—Representatives, R. H. Humbert, S. J. Keith, Z. Wines, J. A. Smith, all colored.

*Edgefield—Senator, M. W. Gary; Representatives, W. S. Allen, J. C. Sheppard, James Callison, T. E. Jennings, H. A. Shaw, all white.

Fairfield—Senator, Israel Byrd, Representatives, John Gibson, Daniel Bird, Prince Martin, all colored.

Georgetown—Senator, B. H. Williams; Representatives, C. S. Green, P. R. Kinloch, all colored.

*Greenville—Senator, S. S. Crittenden; Representatives, J. W. Gray, J. F. Donald, J. T. Austin, J. S. Westmoreland, all white.

*Horry—Senator, William L. Buck; Representatives, L. D. Bryan, J. K. Cooper, all white.

Kershaw—Representatives, R. D. Gaither, A. W. Kough, E. H. Dibble, all colored.

*Laurens—Senator, R. P. Todd; Representatives, J. B. Humbert, J. W. Watts, W. D. Anderson, all white.

*Lancaster—Representatives, J. B. Erwin, J. C. Blakeney, all white.

*Lexington—Senator, H. A. Meetze; Representatives, G. Leaphart, G. Muller, all white.

*Marion—Senator, R. G. Howard; Representatives, J. G. Blue, J. McRae, R. H. Rogers, J. P. Davis, all white.

Newberry—Senator, H. C. Corwin (white); Representatives, William Keitt, J. S. Bridges, W. H. Thomas (colored).

*Oconee—Senator, J. W. Livingston; Representatives, B. F. Sloan, J. S. Verner, all white.

The counties marked * were Democratic.

Orangeburg—Senator, J. L. Duncan; Representatives, D. A. Straker, S. Morgans, W. H. Reedish, C. M. Caldwell, E. Forrest, all colored.

*Pickens—Representatives, D. F. Bradley, E. S. Bates, all white.

Richland—Representatives, A. W. Curtis, Charles Minort, R. J. Palmer, J. W. Lowman, James Wells, all colored.

*Spartanburg—Senator, Gabriel Cannon; Representatives, W. P. Compton, J. W. Wofford, E. S. Allen, Charles Petty, all white.

Sumter—Representatives, J. Westberry (colored), Thomas B. Johnston (white), J. H. Ferriter (white), T. Andrews, colored.

*Union—Representatives, W. H. Wallace, G. D. Peake, William Jefferies, all white.

Williamsburg—Representatives, W. Scott, J. F. Peterson, John Evans, all colored.

*York — Senator, I. D. Witherspoon; Representatives, A. E. Hutchinson, J. A. Deal, W. E. Byers, B. H. Massey, all white.

The counties marked * were Democratic.

STATE OFFICERS IN SOUTH CAROLINA DURING THE RECONSTRUCTION PERIOD[24]

Alonzo J. Ransier Lieut. Governor 1870-1872 Richard H. Gleaves Lieut. Governor 1872-1876 Francis L. Cardozo Secretary of State 1868-1872 Francis L. Cardozo State Treasurer 1872-1876 Henry E. Hayne Secretary of State 1872-1876 Henry W. Purvis Adjutant General 1872-1876 J. J. Wright Associate Justice Supreme Court 1870-1877 R. C. DeLarge State Land Commissioner 1870 R. C. DeLarge State Commissioner Sinking Fund.

FEDERAL OFFICE HOLDERS IN SOUTH CAROLINA DURING RECONSTRUCTION PERIOD[25]

Dr. B. A. Bosemon Postmaster—Charleston, S.C. Charles M. Wilder Postmaster—Columbia, S.C. John Lee Postmaster—Chester, S.C. Rev. J. E. Wilson Postmaster—Florence, S.C. S. J. Bampfield Postmaster—Beaufort, S.C. Fred. Nix, Jr. Postmaster—Barnwell, S.C.

There were many others but I cannot recall their names.

NAMES OF CONGRESSMEN WHO REPRESENTED SOUTH CAROLINA DURING THE RECONSTRUCTION PERIOD[26]

Joseph H. Rainey 41st, 42d, 44th, 45th, 46th, 47th, 48th Congress. Robert Brown Elliott 42d Congress. Alonzo J. Ransier 42d Congress. Robert C. DeLarge 42d Congress. Rev. R. H. Cain 43d, 45th Congress Robert Smalls 44th, 45th, 48th 49th Congress.

NAMES OF CONGRESSMEN WHO REPRESENTED SOUTH CAROLINA AFTER THE RECONSTRUCTION PERIOD

Robert Smalls Part before and part after Reconstruction. Thomas E. Miller 51st Congress. George W. Murray 53d Congress.

103 WEST 131ST STREET, NEW YORK CITY, October, 1917.

MR. MONROE N. WORK, Editor—The Negro Year Book, Tuskegee Institute, Ala.

Dear Sir:

In reply to your letter requesting my assistance in getting data relative to the Reconstruction Period in South Carolina, I have the honor to submit the following:

It will be utterly impossible to give dates after a lapse of nearly fifty years, especially with reference to the terms the legislators served, unless I had access to the records. I was a boy when our family returned to South Carolina in 1870, two years after the adjournment of the Constitutional Convention. At that period I was not especially interested in the trend of affairs. I was thinking more of the splendid opportunities I had left behind in Canada.

I think it very important that all of the data possible should be collected pertaining to the Constitutional Convening as I regard it the most important Convention ever held in which colored men participated. I was very fortunate in finding a copy of the Proceedings of the Convention in the Public Library in this city. I have given only such names as I could positively identify as colored. No doubt some names have been omitted but not of any who took an active or important part in political affairs.

F. B. Perry, of Greenville, S.C., was appointed Provisional Governor of South Carolina by President Johnson in 1865.

Pursuant to a call for a convention of the people issued by Governor Perry in obedience to the proclamation of President Johnson for the purpose of organizing a State Government, the Convention assembled at Columbia, S.C., September 13, 1865.

To show the intense bitter feeling of Governor Perry the following is from his proclamation:

"It is a source of congratulation to know that the colored troops, whose atrocious conduct has disgraced the service and filled the public mind with the most horrible apprehensions, have been withdrawn from the interior of the State, and are to be placed in garrisons on the coast where they can do no further mischief. In all of my personal interviews with the President and in all of my dispatches to him I urged this course most earnestly."

A Constitution was adopted by the Convention without being submitted to the people for ratification.

The Constitution provided that only free white men were eligible for membership in the Senate and House of Representatives; only free white men were entitled to vote and that the appointment of members of the House of Representatives among the several election districts of the State should be in accordance with the number of white inhabitants in each.

The Convention adjourned September 27, 1865.

Congress decided that it was no part of the prerogative of the Executive to call conventions or to direct the adoption of Constitutions.

J. L. Orr, of Anderson, S. C., was elected Provisional Governor, October, 1865, to succeed Governor Perry.

Persuant to an Act of Congress of the United States entitled "An Act to provide for the More Efficient Government of the Rebel States" an election was held in South Carolina on November 19th and 20th, 1867, and the electors of that State voted in favor of a Constitutional Convention, and at the same time voted for delegates thereto.

Brevet Major-General E. R. S. Canby, Commanding 2d Military District of South Carolina issued orders for the delegates to assemble in convention at Charleston, S.C., January 14, 1868.

The Convention composed of 124 delegates, a large majority being colored, met at Charleston, on the date named.

T. J. Robertson, white, was elected temporary President and Dr. A. G. Mackey, white, was elected permanent President.

W. J. McKinlay and H. E. Hayne were elected temporary Secretary and Assistant Secretary, respectively.

General Carlos J. Stalbrand, white, was elected permanent Secretary. Josephus Woodruff, white, compiled the proceedings.

John R. Pinckney and Peter Miller were elected Sergeants-at-Arms.

F. L. Cardozo was Chairman of the Committee on Education.

S. A. Swails, Chairman of the Committee on Rules and Regulations.

Robert C. DeLarge, Chairman of the Committee on Franchise and Elections.

Colored members were on all of the Committees, in most cases being in the majority.

In looking over the proceedings I find that the following named delegates took a very active part in all of the deliberations:

R. B. Elliott, R. C. DeLarge, F. L. Cardozo, J. J. Wright, W. J. Whipper, W. J. McKinlay, S. A. Swails, A. J. Ransier, R. H. Cain, B. F. Randolph, and W. B. Nash.

The Constitution provided for the election of Senators and Representatives on April 14, 15 and 16, 1868, to assemble at Columbia, May 12, 1868.

The Convention adjourned sine die March 14, 1868.

The Constitution adopted in 1868 stood unchanged until 1895 when a Convention was called to meet at Columbia, on September 10, 1895, to revise it.

The fact that the old Constitution stood for nineteen years after the Democratic party came into power (1876) shows that there could not have been anything objectionable in it to the Democrats or they would have changed it immediately after regaining control. It speaks volumes for the wisdom and foresight of the men of the Reconstruction Period.

In the Convention which met at Columbia in 1895, there were only five colored delegates and they were all from Beaufort County, a county which has very few white persons in it. The delegates were W. J. Whipper, Robert Smalls, Thomas E. Miller, James Wigg, and L. R. Reed. Of these, W. J. Whipper and Robert Smalls were delegates to the Constitutional Convention which met at Charleston in 1868.

As General Smalls died only about two or three years ago what a wealth of information he could have furnished pertaining to the Reconstruction Period had your request been sent out before his death.

Inclosure 2 contains the names of State Senators and the counties they represented. In several cases of Senators and also of Members of the House of Representatives I cannot recall their initials.

There were 32 senators, the majority being colored, of whom the following were conspicuous for their activity on all important legislation:

S. A. Swails, J. H. Rainey, R. H. Cain, W. H. Jones, W. B. Nash and H. J. Maxwell.

Inclosure 3 contains names of members of the House of Representatives at various times. Some served more than one term. The more prominent were: R. B. Elliott, S.J. Lee, Dr. B.A. Bosemon, J. H. Rainey, R. C. DeLarge, J. A. Bowley, W. J. Whipper, D. A. Straker, C. M. Wilder, Prince Rivers, F. H. Frost, T. E. Miller, and W. H. Thomas.

The House of Representatives was composed of 124 members and colored members were always in the majority.

Inclosure 4—Names of State Officers.

Inclosure 5—Names of Federal Office holders.

Inclosure 6—Names of Congressmen who represented South Carolina.

I shall never forget the scene in 1876 when Col. A. C. Haskell, Chairman of the Democratic State Committee at the head of the Democratic members of the legislature forced his way into the Hall of the Representatives then occupied by the Republican members. Pandemonium reigned for a time. There were two Houses, each having its own officers trying to transact business at the same time. Finally the U. S. soldiers were called upon and those Democrats who had no certificate of election were ejected.

All of the Democratic members then withdrew and formed an organization in another hall.

Three colored Republicans whose names I do not care to mention went over to the Democrats, but the latter could do nothing without the Senate which was admittedly Republican.

The struggle was kept up until Mr. Hayes was inaugurated President, when he withdrew the U. S. troops, leaving the Republicans without any protection.

Governor Chamberlain and the State Officers elected with him seeing that they were deserted by the National Administration withdrew from the contest, leaving Gen. Hampton who was the Democratic nominee for Governor in possession.

The Democrats then organized the Senate and House of Representatives, and in joint session elected Gen. M. C. Butler, U. S. Senator. D. T. Corbin, who received the Republican votes, contested, but the Senate which was Republican by a small majority seated Butler. Senators Don Cameron from Pennsylvania and John J. Patterson from South Carolina, both Republicans, voted for Butler.

That there was no one killed or injured while the contest was going on is remarkable when the great excitement during and after the "Red Shirt" campaign is considered. It shows what absolute control the gubernational candidates had over their followers. No doubt the Democrats, who were assured that the U. S. soldiers would be withdrawn, did not care to make a slip as Chamberlin was still governor and the troops were practically under his orders.

Thus ended the Reconstruction Period in South Carolina.

At every step the Republican Party in South Carolina was betrayed by Republicans.

Col. T. W. Parmele, white. Superintendent of the Penitentiary, appointed as a Republican by Gov. Chamberlin, recognized an order from Gen. Hampton for the pardon of a convict. Legal complications ensued and the case was carried before Associate Justice Willard, white, of the Supreme Court, a Republican elected by the legislature, and he decided in favor of Hampton.

Three colored members of the legislature deserted to the Democrats, which practically made the House Democratic.

Col. Parmele and Justice Willard were Northern white men.

This paper would not be complete without some reference to the prominent colored men who helped to make history during that eventful period.

Robert Brown Elliott—

Born at Boston, Mass., August 11, 1842.

Entered High Holborn Academy, London, England, 1853.

Entered Eton College, 1855 and graduated in 1859. Studied law.

Member of the State Constitutional Convention.

Member of the House of Representatives of South Carolina, 1868-1870.

Assistant Adjutant General.

Elected to the 42nd Congress.

Resigned his seat in Congress and was elected to the House of Representatives of S.C. for the second time, and was elected Speaker of the House.

He came within a few votes of being elected U. S. Senator in 1874, but the powerful influence of the Pennsylvania R. R. Co., was exerted in behalf of John J. Patterson, white, the successful candidate. There was a colored majority in both branches of the legislature at the time and had the colored members so desired they could have elected Gen. Elliott.

In 1876 Gen. Elliott was the nominee on the Republican ticket for Attorney General and was elected but was forced to withdraw with the rest of the ticket.

He was Chairman of the State Republican Committee during the campaign of 1876.

For scholarly attainments, legal acumen, political sagacity and oratorical power, Robert Brown Elliott stands out as the most brilliant figure of the Reconstruction Period.

Joseph H. Rainey—

Born at Georgetown, S.C., June 21, 1832.

Although debarred by law from attending school he acquired a good education and further improved his mind by observation and travel.

He was a barber by trade and followed that occupation at Charleston, S.C., until 1862, when having been forced to work upon the fortifications of the Confederates he escaped to the West Indies, where he remained until the close of the war, when he returned to his native town.

Delegate to the State Constitutional Convention.

State Senator from Georgetown County.

Elected to the 41st Congress, being the first colored man having that distinction, and was re-elected to the 42nd, 43rd, 44th and 45th Congresses, five successive terms, the only colored man with such a record.

He received a caucus nomination as Clerk of the House, from the Republican members of Congress, the only colored man who has ever been honored by a Republican caucus.

The House was Democratic.

He was a delegate to several National Republican Conventions.

Served as Special Agent for the Treasury Department.

Polished in his manners—a fluent and convincing speaker, he was prominent in the Councils of the Republican Party.

Gen. Robert Smalls—

Born in South Carolina, at Beaufort, April 5, 1839.

Although debarred by Statute from attending school, he educated himself with such limited advantages as he could secure.

Removed to Charleston, S.C., in 1851, worked as a rigger, leading a sea-faring life.

Employed on the Planter, a steamer plying in Charleston harbor as a transport, which he took over Charleston Bar in May, 1862, and delivered her and his services to the U. S. Blockading Squadron.

In recognition of his services was appointed Pilot in the U. S. Navy, and served in that capacity on the monitor "Koekuk."

Promoted as Captain for gallant and meritorious conduct, December 1, 1863, and placed in command of the Planter, serving until she was put out of commission in 1866.

Delegate to the State Constitutional Convention.

State Senator from Beaufort Co.

Elected to the 44th Congress, and re-elected to the 45th, 48th and 49th Congresses.

Was a delegate to every National Republican Convention up to within a short time of his death.

Collector of the Port of Beaufort, S. C.

Died two or three years ago, the last of the "Old Guard" in S. C.

Alonzo J. Ransier—

Born at Charleston, S.C., 1834.

Self educated. Employed as a shipping clerk in 1850 by leading merchant, who was tried for violation of law "in having a colored clerk" and fined one cent with costs.

Delegate to the State Constitutional Convention.

Member of the House of Representatives of S.C.

Elected Lieutenant Governor on ticket with Gov. R. K. Scott, in 1870.

President of Southern States Convention held at Columbia, S.C., in 1871.

Presidential Elector on Grant and Colfax ticket in 1868.

Delegate to National Republican Convention in 1872.

Elected to the 42 Congress.

A man singularly gifted with political farsightedness.

Robert C. DeLarge.

Born at Aiken, S.C., March 15, 1842.

Farmer—Self-educated.

Agent of the Freedmen's Bureau from May, 1867 to April, 1868.

Delegate to the State Constitutional Convention.

Member of the House of Representatives, 1860-1870.

One of the State Commissioners of the Sinking Fund.

Elected State Commissioner in 1870.

Elected to the 42d Congress.

Very prominent in the Party Councils.

Rev. R. H. Cain—

Born in Greenbrier Co., Va., April 12, 1825.

His father moved to Ohio in 1831 and settled in Gallipolis.

Entered the ministry at an early age and became a student at Wilberforce University in 1860 and remained there one year.

Removed to Brooklyn, N. Y., at the breaking out of the war where he discharged ministerial duties as pastor for four years.

Was sent by his church as a missionary to the Freedmen in South Carolina.

Delegate to the State Constitutional Convention.

State Senator from Charleston Co.

Elected to the 43d Congress, and re-elected to the 45th Congress.

Bishop in the African Methodist Church and a power in that denomination.

William Beverly Nash—

Born in South Carolina.

Of limited education but endowed with wonderful common sense and political foresight.

Delegate to the State Constitutional Convention.

State Senator from Richland Co., in which Columbia is located.

For one term (four years) was Chairman of the Powerful Ways and Means Committee.

An elector on the Hayes and Wheeler ticket in 1876.

It was reported that he was offered $100,000 to vote for Tilden and Hendricks. Had he accepted the offer the Democratic ticket would have been elected, as the vote stood 186 for Hayes and 185 for Tilden. Be it said to his eternal honor he was beyond price.

Stephen A. Swails—

Delegate to the State Constitutional Convention.

Represented Williamsburg Co., in the Senate.

Elected President pro term of the Senate for the whole period.

A very strong character and exerted considerable influence in legislation.

Was in the 54th Massachusetts Infantry.

Had musical talent of a high order.

Judge Lee—

Judge of the Municipal Court of Charleston, S. C.

A man of ripe scholarship and of high legal attainments.

Until President Roosevelt appointed Judge R. H. Terrell of Washington to a similar position, I think he was the only colored man who ever occupied such a position.

Francis L. Cardozo—

Born in South Carolina, at Charleston.

Educated in Scotland, at Glasgow University.

Delegate to the State Constitutional Convention.

Secretary of State for four years.

State Treasurer for two years.

Scholarly, courtly and dignified.

Took great interest in the education of the colored youth, and was popular among the boys on account of the fatherly interest he manifested in them.

Moved to Washington, D. C., after 1876 and accepted a position in the office of the Auditor for the Post Office Department.

After serving for several years in the Department he was elected to the Principalship of the Colored High School in Washington, a position he filled with honor and credit to the race and himself. After his death the Board of Education named one of the School Buildings the "Cardozo Building" as a tribute to his great interest in the educational welfare of the colored race.

Henry E. Hayne—

Born in South Carolina.

Delegate to the State Constitutional Convention.

State Senator from Marion, Co.

Secretary of State.

Was very much interested in the education of the colored youth.

Richard H. Gleaves—

Served two terms as Lieutenant Governor.

Elected with Gov. F. J. Moses in 1872 and with Gov. D. H. Chamberlin in 1874.

Was nominated a third time with Gov. Chamberlin and elected but forced by the Democrats to withdraw.

Henry W. Purvis—

Born in Philadelphia, Pa.

Son of Hon. Robert Purvis, the great Abolitionist. Member, house of Representatives, 1868-1870, and then was Adjutant General.

Was Adjutant General of the State most of the Reconstruction Period.

He was a man without fear.

In the campaign of 1876 he went to Edgefield, the homes of Generals Butler and Gary, the Democratic leaders, and regarded as fire eaters and spoke on the campaign issues. He also went to other parts of the State equally as dangerous and filled his engagements.

J. J. Wright—

Delegate to the State Constitutional Convention.

On account of his great legal ability he was elected by the legislature as an Associate Justice of the Supreme Court of the State. (There were two Associate Justices.) He had the respect of the entire Bar of the State.

He was pre-eminently fitted for the position.

He is the only colored man who has ever occupied such an exalted judicial position in this country.

Thomas E. Miller—

Born at Ferrybeeville, Beaufort Co., June 17, 1849.

Attended the free public school for Negro youths up to the breaking out of the war.

Graduated from Lincoln University, Pennsylvania, in 1872.

Read law under Judge P. L. Wiggin and Chief Justice Moses of South Carolina and was admitted to the Supreme Court of S. C. in 1875.

Elected to the House of Representatives of S. C., 1874-1876-1878.

Elected Senator from Beaufort Co., 1880.

Elected to the 51st Congress.

Elected to the House of Representatives of S. C., in 1866, and while serving was instrumental in having the "State College for Colored Youth" established at Orangeburg, S. C., and on that account was elected its first President.

Dr. B. A. Bosemon—

Born at Troy, N. Y.

Delegate to the State Constitutional Convention. Member of the House of Representatives of S. C. Appointed Postmaster at Charleston, S. C., by President Grant and served four years with entire satisfaction to the people of that city with honor and credit to himself and the race.

Suave and polished he had a pleasing personality.

He had quite a large and lucrative practice in his profession.

Charles McDuffie Wilder—

Born in South Carolina. Delegate to the State Constitutional Convention.

Member of the House of Representatives of S. C. Member of the City Council of Columbia, S. C.

Postmaster at Columbia, S. C. for sixteen years. Appointed by President Grant two terms and one term each by Presidents Garfield and Hayes.

There were two white applicants for the position after President Garfield was inaugurated and Postmaster General James, who was supposed to be friendly with one of them, sent a Post Office Inspector to Columbia to find out the sentiment of the business men. They were almost unanimously for Mr. Wilder. They stated that he had served them efficiently for eight years and did not approve of a change.

Generals Hampton and Butler represented the State in the U. S. Senate at the time, Columbia being Senator Hampton's home and had he objected Senatorial courtesy would have sustained him.

It shows in what estimation Mr. Wilder was held by his home people.

Mr. Wilder's appointment of four successive terms to a first-class post office is a record.

Mr. Wilder was a delegate to all of the National Republican Conventions up to and including that of 1888.

Mr. Wilder was a man of good sound judgment, of great political force and one of the few who had anything to show after the political upheaval of 1876.

Samuel J. Lee—of Aiken, S. C.

Born in South Carolina.

Member of the House of Representatives of S. C.

Speaker of the House of Representatives for one term.

A lawyer of recognized ability.

An expert in parliamentary procedure.

A man of engaging address, of a genial disposition, a pleasing speaker, he was the most popular presiding officer of that period.

D. Augustus Straker—

A prominent member of the House of Representatives during the latter part of the Reconstruction Period.

A man of brilliant parts and one of the leading lawyers of the State.

Moved to Detroit, Mich., after the collapse in 1876, and played quite an active and conspicuous part in politics there.

William J. Whipper—

Born in South Carolina.

Delegate to the State Constitutional Convention.

Member of the House of Representatives of S. C.

A man of splendid legal talent.

Elected by the legislature a Circuit Court Judge but Gov. Chamberlain refused to commission him, (Ex. Gov. Moses, white, was elected a Circuit Court Judge at the same time and he was also refused a commission by Gov. Chamberlin.)

Judge of Probate of Beaufort Co., for more than ten years.

Prince Rivers—

Born in South Carolina.

Delegate to the State Constitutional Convention.

Member of the House of Representatives of S. C.

Brigadier General in the South Carolina Militia.

Called the "black Prince" and he looked it with his fine physique and military bearing as he rode at the head of the colored troops as they passed in review before the Governor at their annual inspection.

John Lee—

Born at Columbia, S. C.

State Senator from Chester Co.

Postmaster at Chester.

Self educated.

Very prominent in his county.

W. J. McKinlay—

Born at Charleston, S. C.

Delegate to the State Constitutional Convention.

One of the most prominent colored men in Charleston Co., and one of the most influential in the Party Councils.

Member of the House of Representatives 1868 and part of 1869. Resigned to accept position of Register of Mesne Conveyances, a very important office which he held for several years.

W. H. Thomas—

Born in Ohio.

A man of brilliant intellect.

One of the most prominent members of the House of Representatives at the close of the Reconstruction Period.

I remember well the conspicuous part he took in the proceedings in the House of Representatives in 1876. Those were times that tried men's souls but Mr. Thomas held his own with the best men in the Democratic party.