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Abbeville, Abbeville County, South Carolina
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The South Carolina Convention, in secret sessions on December 26-27, 1860, adopted ordinances for provisional commercial arrangements after secession and amendments to the executive department constitution, empowering the Governor in foreign affairs and creating an Executive Council. On December 30, Governor Pickens nominated four members to the Council, confirmed in secret session.
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The following Ordinances were adopted by the Convention on the 26th and 27th ult., during their secret sessions:
THE STATE OF SOUTH CAROLINA.
At a Convention of the people of the State of South Carolina, begun and holden at Columbia, on the seventeenth day of December, in the year of our Lord one thousand eight hundred and sixty, and thence continued by adjournment to Charleston, and there by divers adjournments to the 26th day of December, in the same year.
An Ordinance to make Provisional Arrangements for the continuance of Commercial Facilities in South Carolina.
Whereas, It is due to our late confederates in the political Union known as the United States of America, as also to the citizens of South Carolina, engaged in commerce, that no abrupt or sudden change be made in the rate of duties upon imports into this State; and whereas it is not desired by this State to secure any advantage in trade to her own ports, above those of any of the slaveholding States, her late confederates in the said Union: and, whereas, this Ordinance, for the considerations indicated, is designed to be provisional merely. Therefore, we, the people of South Carolina, in Convention assembled, do declare and ordain, and it is hereby declared and ordained:
1st. That all citizens of this State, who, at the date of the Ordinance of Secession, were holding office connected with the Customs under the General Government of the United States within the limits of South Carolina, be, and they are hereby, appointed to hold, under the Government of this State—exclusive of any further connection whatever with the Federal Government of the United States—the same offices they now fill, until otherwise directed, and to receive the same pay and emoluments for their services.
That until this Convention, or the General Assembly, shall otherwise provide, the Governor shall appoint to all vacancies which may occur in such offices.
2d. That until otherwise provided by this Convention, or the General Assembly, the revenue, collection and navigation laws of the United States, so far as they may be applicable, be, and they are hereby, adopted and made the laws of this State, saving that no duties shall be collected upon imports from the States forming the late Federal Union known as the United States of America nor upon the tonnage of vessels owned in whole or in part by the citizens of the said States; and saving and excepting the Act of Congress, adopted the third day of March, 1827, entitled "An Act authorizing the deposit of papers of foreign vessels with the Consuls of their respective nations, which said Act is hereby declared to be of no force within the limits of this State.
4th. That all vessels built in South Carolina, or elsewhere, and owned to the amount of one-third by a citizen or citizens of South Carolina, or of any of the Slave holding Commonwealths of North America, and commanded by a citizen thereof, and no other, shall be registered as vessels of South Carolina under the authority of the Collector and naval officer.
5th. That all the official acts of the officers aforesaid in which it is usual and proper to set forth the authority under which they act, or the style of documents issued by them, or any of them, shall be in the name of the State of South Carolina.
6th. That all moneys hereafter collected by any of the officers aforesaid, shall, after deducting the sums necessary for the compensation of officers and other expenses, be paid into the Treasury of the State of South Carolina, for the use of the said State subject to the order of this Convention, or the General Assembly.
7th. That the aforesaid officers shall retain in their hands all the property of the United States in their possession, custody and control subject to the disposal of this State, who will account for the same upon a final settlement with the Government of the United States.
Done at Charleston, the 26th day of December, in the year of our Lord, 1860.
D. F. JAMISON, President.
Attest—
B. F. FLEMMING, Clerk.
An Ordinance to amend the Constitution of the State of South Carolina in respect to the Executive Department.
We, the people of the State of South Carolina, in Convention assembled, do declare and ordain, and it is hereby declared and ordained, That the Governor shall have power to receive ambassadors, ministers, consuls from foreign powers, to appoint such agents, to be paid out of the contingent fund, as, in his discretion, he may choose to employ; to conduct negotiations with foreign powers; to make treaties by and with the advice and consent of the Senate, provided, two thirds of the Senators present agree; to nominate, and by, and with the advice and consent of the Senate, to appoint such ambassadors, other public ministers, and consuls, as the General Assembly shall have previously directed to be appointed, and also, all other officers, whose appointment otherwise shall not have been provided for by law; to fill all vacancies that may happen, during the recess of the Senate, in the offices to which he had the power to nominate as above mentioned, by granting commissions, which shall expire at the end of the next session of the Senate, and to convene the Senate, whenever, in his opinion, it may be necessary: Provided, nevertheless, That during the existence of a Convention, all treaties and directions for appointment of ambassadors, ministers, or consuls, shall be subject to the advice and consent of the Convention, or to its separate action.
And it is further ordained, That the Governor shall immediately appoint four persons, with the advice and consent of this Convention, who, together with the Lieutenant-Governor, shall form a Council to be called the Executive Council, whose duty it shall be, when required by the Governor, to advise with him upon all matters which may be submitted to their consideration; and that a record of such consultations shall be kept: Provided, nevertheless, That the Governor shall, in all cases, decide upon his own action.
Done at Charleston, the twenty-seventh day of December, in the year of our Lord, one thousand eight hundred and sixty.
Charleston, Sunday, December 30, 1860.
The Convention met at 10 o'clock, Sunday morning, in pursuance to adjournment, President Jamison in the chair. The session was opened with prayer by the Rev. Dr. Furman.
The roll was called and the Journal of Saturday was read.
The President announced a message from His Excellency the Governor.
The message was read by Beaufort I. Watts, Private Secretary of the Governor, as follows:
EXECUTIVE DEPARTMENT, Dec. 30, 1860.
To the President of the Convention: By an Ordinance of your body, transmitted to me, I am required to nominate immediately four gentlemen as Counsellors of the State. I therefore hereby nominate to the Convention for their confirmation, Hon. D. F. Jamison, of Barnwell
Mr. R. N. Gourdin. Mr. President, excuse me for interrupting the gentleman; but I would ask—are we, or are we not, in Secret session?
The President. The Convention is not in secret session.
The Private Secretary, continuing, read—
Hon. A. G. Magrath, of Charleston: Hon. C. G. Memminger, of Charleston, and Hon. A. C. Garlington, of Newberry District.
Respectfully,
F. W. PICKENS.
The President. What order will the Convention take upon the message?
Mr. DeTreville. Mr. President, I move that the nominations be confirmed.
The motion was seconded.
Mr. R. N. Gourdin. I move that the Convention go into secret session upon the confirmation of the names submitted. I think that this proceeding, so far as we have gone in open session, is inappropriate and unfortunate. Counsellors have been nominated by the Governor for our confirmation I am not prepared to say there will be objections, but as it is the prerogative of this Convention to confirm, or reject these nominations, I conceive we should be, in secret Session.
The motion was adopted and at half-past 10 o'clock the Convention went into secret session.
At twenty minutes past 11 o'clock the Convention adjourned till 1 o'clock Monday.
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Domestic News Details
Primary Location
Charleston, South Carolina
Event Date
December 26 27, 1860; December 30, 1860
Key Persons
Outcome
ordinances adopted for commercial arrangements and executive amendments; governor's nominations for executive council confirmed in secret session.
Event Details
The South Carolina Convention adopted two ordinances: one for provisional commercial facilities post-secession, adopting U.S. laws with modifications and appointing customs officers under state authority; the second amending the constitution to grant the Governor powers in foreign affairs and to form an Executive Council. On December 30, the Convention received and confirmed the Governor's nominations for the Council in secret session.