of OietVesidcpi was n^d, ?e
tufttete of tlio whole on the state
. add Ave thousand copies ordered
,_il for tlio uso of the Hoiihc.
,?Kger-r?. eteoii of V$|-gliifa offived for cnnsitlera
fiort tl'M following resolution, without preface or
remarks llcBolved, Ttiat the committee on tlio
judiciary bo instructed to report a bill to repeal
the act) entitled, " An net to change the mode
of compensation to the members ol the Senate
and House of Representatives, and the dele
gate# from the Territories."
The Hpeuker intimated that the motion was
not regular, inasmuch as the judiciary committee
an well as other standing committees, were lit
yet appointed. The question on considciinjf
this motion was decided in Ine negative.
The standing; committees were then ordered
to be appointed. And the House adjourned.
It'''hrtth.u, lifcmhtr 4.
After toe reference of different parts of ito
President's Mctnajte, to respective select
mittees, Mr. Johnson of Ky. rose, and alter a
Hneerh of more (Itnu nil hour's length, in which
lie declared his opinion of the compensation
law, wl.rti justly viewed, to bo ufechinged, but
his motion tube predicated on thf will and im
plied inxtroctions of his constituents, offered for
sidfiatiou the following ronui.it ion:
" Ke.?:>l\<-il. That a committee bo appointed
to enquire into the expediency of repealing or
niodifx im; the late net changing the mode of
compesisaii tu tiie members of Congress, and
that they report by bill or otherwise*'?which
was agro?*d in without a division.
s r v T i) i, i ;<; i s l a t r li K.
IlKBATK
0:i I'll? ft.li .'1 tH'f'ul t.-r .Sr. '.f! t'w/i .Iff. ?/"
/'?? luli'iu -/it.;' ?in''- 't ;v'iir<- -l
Mr. M tiinv?I lie impoiianr** ofthis ques
tion. Mr. ('hail matt,'iml tin- interest manifested
in it?* discission. are t<.e only apologies which I
snail oiler for dehuit.g the committee in their
division on this Mibji'i t. I am Milling to admit
that the alteration of a constitution, the so
loH.it and ileliljoiuti' r.'Milt of the concentrated
wi-dom of a st.?le, is a measure which requires
llio exorcise nf all our prudence. tlie watchful
ness t?l* ill I jealousies. Nor can I egree with the j
gentleman who has ju?i t-.kenhis seat (Mr.'
Iticlardson) or tiie gentleman from Cha.leston j
(Mi. I.aute) wlio adilt e?>ei| tlie linage on this:
j'ul>jcct wiicn it \tiii last U'tder consideration: ?
that 1 am -?> idol.itrou- admirer of the coiistitu-j
lion. Hr, I feel as if I wore treading mi -acred '
mound when i a, ??r<>uc!i this temple of freedom '
?this ark of our political safety. Hut this ve-1
Iteration lor tin deeds i>f ntner times?this sa- j
c.red regard lor the instrument 1 so highly a|>-1
precialo. is no longer commendable, when the i
e\il- which have been alreadv detailed to you,!
xi Hrd with complaints from* every quarter of
the state, convince tu that the people ''are la
boring under a burden too heavy to be borne.*'
These observation* ere made to coimnce gee
tlemen in opposition to the bill, that the opinion
I have formed is the ro::ult of rellection, nnd
not the capricious whim of a volutile moment.
Tim evils intended to be remedied are not
the creatures of imuginatiou. They exist in
truth and in fact. They press hard upon the
citizens of this state, a.id set at defiance every
effort of your courts of justice. Coder the pre
sent arrangement, your constitutional court
docket is interminable. The increase, when
compared to its decrease, is in a proportion of
three t<> one. Where then, 1 would ask, will
this injustice end? When will you' propitiate
the sacrifice, which the people of this state liavc
t-o often made?a sacrifice, which, while it re
flects the highest character on their patience
and forbearance, reproaches the legislature of
Carolina with a degree of inactivity ar^d u.une
ness, highly culpable. Khali 1 be told that the
fault is not in the system, but in its execution?
The assettion, tiiough plausible, is fallacious.
This system appears well on pa|ier, hut in its
execution it has heen found deplorably defec
tive. Kir, you require of your judges, duties,
the performance of which demands a greater
proportion of physical and intellectual capacity
than is usually allotted to man. lit demonstra
1jon of this posit ion, I solicit for a moment the
attention of the committee, while I bring to their
vieiv tho extent of their servitude, for so 1 inust
call it.
Most of yojif flircuitu commence on the. firs]
Monday in atid all of them eml on
Hatuulay uj^^Btidrd Monday after the fo
Monday Tho time' consumed
d:ng to ttffl^^fftincement of their circui
trotii tho catm at which they conclude,
lumbia, generally completes the eighth
(Suppose them to sit one month in Coin
mid dispone of ninety caaeft wfileHwifi
culation: vour constitution, as well at
of ITUO, requires thetn to proceed <mm
to Charleston. Tho constitution it impera
tive) and, independently of its injunction, poli
cy and humanity both demand ntich a course.
With the beginning of January then, commen
ces the session in Charleston. Another month
engaged, and if they shall decide ninety ca
se* more, they will ha\e been industriously em
ployed. On tlie approach of February, it is high
time they were making arrangements for their
Hpring circuit; and our inn ill It only remains to
devote to theirfamilie*?for tho enjoyment ol
those private nnd domestic enjoyments to which
we u.unt not suppose they are insensible. 1 ask
if I have magnified their labors? if this recapi
tulation he not virtually correct?
Sir, I mat be told that much inattention may
be attributed to the judges. I am not sensible of
?J?e correctness of litis allegation. 1 am satis
fied however, that lie their faults what they may,
your dockets tinder existing circumstances, will
remain interminable.
if tiie observations which I have been indulg
ed in making, be correct, it must be manifest to
ihe committee that an evil of no ordinary grade
exists. It must be equally evident that it is
hUli time tlie legislature should Interpose, and
administer j'taticc with ?n ete^hand.
>n fn?- ns I have been able tu understand tho
motive* which induce op;?osit' hi to this bill, I
have heard but one solitary objection. Their
fears hiivC beell alarmed, ttieir apprehensions ex?
cited, ttidt tho constitutional court will ho held
e.vcluMlvely it Columbia. 1 cannot anticipate
this art tho consequent ( fleet of the bill on your
table. I coincide perfectly with the gcntleme#
that thuk court should bo held alternately at
Cliarle^n and Columbia. Hut when thoy for
IhhIo this loss of the child of their affections, by
what motive can they suppose the fell destroyer
was actuated? To all human actions then* is
some promoting principle. Will it be said, that
to reliuvc tlie judges from a porUon of tho scr*
vices, the court will ho conhu^Mfc. (Columbia?
Sir, the current of opinion it &Ftnls dj?y vc,7
different. In a country like this* where the
distinctions in society are so few* neither the
influence of wealth, or the trappings of office can
eradirute from the minds of the people, theidea,
that tho highest officer i*tlielr servant, They
know they have tho right to and will command
their sci'vtces whenever necessary, for tfio be
ucflt or convenience of any portion of tho rtsto
Sir, it call never be to tho interest of tho up
ner country to remove this court to Columbia
Kvery view of their interest forbids it. The
great object of this bill is to relieve them from r
docket* which, for tin-. Inst eight years, has dc
lied every attack. Abolish the cnurt in Charles
ton, and every object in view will bo frustrated
| The consequence of such a measure would be
:the accumulation of thoir own docket to an ex
' tent perhaps never equalled. If the evil is now
givat, it would tiecessarilv magnify it.
hot another view of this .subject will shew
1 the fallacy of that argument. The upper coun
try it is Haiti, (with what propriety I will not
pietend to assert) are careful of their funds
c\iii lo a fault. Tho abolition of the court in
I'hurlcstnti sir, would lav your treasury under
contribution*. to an amount almost cipial to half
the. amount of y our judicial expenditures, i'ai*
it then he believed, that this quarter of the state.)
so tenacious of their treasure, would incur such
an expense with no possible advantage, to *a>
ooiiiin- of the injury inflicted on their Kitsteiu
hiellirecf That they would by such measures,
create a docket which would stand as an insupe
ruble harrier to the attainment of their wishe?f
I'Aperience, that surest and best guide iu all
our endeavors to promote public or private good,
lejtches us a lesson of more importance in rela
tion to this question, than dl the calculations
and ptvdicti lis which ran be made. It satisiies
os that a radical change is necessary? and in
none 'if the arguments of the ^ent!?"oen opposed
J to the bill, have 1 heard a substitute r ipn-e I.
I I'ndei a lirm convirtioii that i'ie>e evils
ishould Im speedily remedied, conscious I am
i that relief can only be alV-u ded bv the alteration
I of the constitution, I feel b'liiud to vote for the
'hill now belore the coiniriitti'o. I should do in
justice sir, to that patience with which 1 have
jbeen indulged, if I were toilet -in vt.'i hmtier.
[To be Continued.]
t SKX A I K.
I
AlVr the disposal of some private bu.siue.iH,
i tlic Senate took up tlu> report of the committee
J to whom u as referred the resolution respecting
; judge Hrevnrd*a Digest of the lawn of this stute,
v?y.. i'liat they have lin?l the name under their
'consideration, and are of opinion thut the resu
union passed the last *ittiug of the legislature
of this Htate, giving to each memhor ol the He
nate and House of UepresentaOvcs, one copy of
Hrcvard's digest of the Iuwr of this state, is an
inlViiiucment on tho coiiHtitution thereof, as it
has a tendency to increase the comneusfction of!
the members of tile legislaturcdt'l nerefnre re-|
solved, that the said resolution jiasscd the lastl
session, lie rescinded, and that ilie copies now I
remaining in the ofllces of the treasurers of the
upper anu lower divisions of this Mate, he sold j
by the treasurers whenever they ran obtain a'
fair nrice therefor, and that they fund the pro
cec?ls of thu sule thereof in the Hank of the'
State of Mouth-Carolina?.Your committee lur-j
ther reconimetid the following resolution, vi/. i
llesolved, that nil the members of tin: legisln-i
ture, who. have received copies of jmlye lire
vnrd'j} digest of the laws of this state, In- r?<piir
* TP"? comptroller general, to return the (
\o the treasurers of the upper and louei j
ton, to lie by them dispo?ed of whenever |
IV can obtain u fair price for the same, and
it the proceeds of the sale* thereof lie funded
i|ho Hank of the .Statu of .South-Carolina.
Tho Henate having considered (lie first reso-J
lution contained in the re|Hirt of the committee,!
agreed thereto. The second ievolution lieinj;I
Amended by the Senate, bv striking out the fol-1
Ipwlng words: 4i To he by them disponed ol I
whenever they can obtain a fair price for the i
Mine, and that the proceeds of the Hales thereof!
lie funded in the Hank of the State of South-Ca
rolina."
I)r. Screven moved, that the resolution so!
amended, be postponed until the first day of Ja
nuary next?and tho nuestion being taken on
the motion, was decided?-Yea* 21?Nays \7.
So tho question was determined in tae affirm
ative,aud tho re|mrt amended accordingly, and
ordered to be sent to the house of representa
tives.
The bill to make all the officers of the militia
of this state elective, was taken up for a second
? eailing, and made tlie s|>erial order of tlm day
for Wednesday next, und ordered to be printed.
It i iliirttl ty, htcfiriri II
The bill to alter the .1(1 ?<?<?. lOlli article of
the constitution of tlii* state, wfii i<*a<l n second
time, debated and tiAssed by a constitutional
mujnrity, .14 to 0. The bill ninkiii^ ollicer*, ex
cept general*) elective by their commands, was
read the >!d time, debateil and passed.
Tim bill Allowing clerks and cominiMioners
in equity who were elected during good bcha*
vionr to rotaiu their office*, wa* read the second
debate*) by JUeMr*. Fucker* Keith, Fol
der, l!l?cfc? (?o< files, l.ew and Clcndonin, and
!M5S8i3i mm
IIOUflR or BRPRRARNTATlVliS. I
Tuetriuy, tkccmbtr W. r ?
Mr. O'Neal presented the following resolu
tion, which wus ordered (olio on the (abler Re
solved, that no ptfrson holding U?e office of pro
fessor in the South-Carolina College, shall, du
ring the regular college ?csaiun? undertake or
engage in an,,' business or employment for any
portion or jiersoni, either in merchandise* the
practice or physic, or law, or i?? steadily preach
ing, in any place, or to any society or congrega
tion ot ptviple, or in discharging''the usual jm
rochial duties incident to the olHco of regular
clergymen.
A oill from the Senate to authorise, under
certain regulations, the hfcwfutlg an?| periling of
goods, wares and merchandise, the growth and
manufacture of tho United States* was read a
lirst time, ntid ordered to a second Reading to
morrow.
Mr. Hull, pursuant to notice.given? introduced
a hill to uattid nn act* untitled, an act to estab
lish a hankSni tho part and behalf of the stftoof
Houth-l'itroliiia, which was read a flrtt time, and
ordered to a second reading to-morrow. ?
Mr. Yancey, from the committee on the judi
ciary, on tho letter of the lion, judge 4)esaUg<
Mire, reported thereonj ordered for considcra
lion to-morrow.
The Iiouho then proceeded to a second read
ing of the bill to alter nnd amend an uct, enti
tied, an act to limit tho timo of service of cer
tain officers, who have heretofore held their of
ilces <luring good behaviour, and for otnar pur
p .ms thciout mentioned, passed the l'th of Do
cemoer, 1812, so as to exempt certain officers
therein mentioned, who were in office at the
time of tho passage of tho said art, and who
held their offices during good behaviour, from
the operation of the said act. Tlw passage of this
bill was advocated, we understand, by Messrs.
Ilayne, Hull, I'inckney, linger, Kavcnel, No
ble, Yancey, Harper and Wilson, "because
it was an act of injustice on tSie part of the state
to deprive of their office those wlio had been ap
pointed and . omnmsioticd during good behavior,
and m ho had abandoned other prospects and I
pursuits mure profitable, in consequencc of the
permanence of tho tenure by which tliey hold
their offices; that it would be a faithless act to
violate the contract made with them by the
state; that while tho state exacts justice from
others, it should always be prepared to render
justice itself; that although there is no legal
mode to exact justice from the state, this is a
-troiig reason why it should be granted of its
own voluntary impulse; that it will bo the same
thing in principle to take away a part of the sala
ry w\.ieh the state has contracted to give one of
its officers, as to alter the tenure, for the perma
nency of tho tonure was really a part of tho
compensation. Siuie of the speakers contend
ed that the law was unconstitutional, being a
breach of contract; and as tending also to do
piive a man of his freehold, contrary to the pro
visions of that instrument. Messrs. Glnxcock.
Downs and Farrow, who opposed the bill, urged
that a state had a imhi to violate its contract
with individuals, il'WibUc expediency requires
it; that the person Who accepts nn office ought
to know tho lvgUlfttmr hnve iwwer l?i r.hnnnje
the tenure of his offire; that there is no con
tract between .the state and the individual, for
all contracts are reciprocal if tho state be bound
to retain the incumbent in office, the incumbent
would be bound to rCmnin in oftico ut the plea
sure of the state, &,c.M
I'l'lic uli'AC skcich .. coined from tl.eYoJcfjr.ipli. The
remark* of only one neiit!em;>n have been reported at
length for lu/wh ch U'e aiwrt Mow, m contain.ng ;
verv correct, v.ew o.'tllo argument* on tins question, j ?
Mr. J. L. AVu.sos said, he had read with
much attention, the opinions of legal gentlemen ;
he hud heard the arguments of honorable mem
bers here, for whose talents 1 Imve a high res
pect ; yet the law complained of, stood in his
opinion untouched by any constitutional provi
sions, and the power of the legislature to create
it, remains wholly unabridged. In support of
this opinion, said he, I shall turu to the constitu
tion,.!)!!! consider it w ith attention. The second
section of the Dili article says, 44 that no frue
?? man of this state, shall be taken or imprisoned
'? or <h privcil of hhfrtrhuld%liberties or privilege
?? I'.., or outlawe I, or exiled, or in any manner
i ?? di'strovcd or deprived of his life, liberty* Or
j '? /iroy/cr/7, hut hi/ the Judgment of hi* peers, or
I" the line f the laud ; nor shall any bill of at
I** tainde ,e% p s facto law oijiaw impqjring the
I ** obligation ol contracts ever lie passed by tin;
.*? legislature of this state.'' From the words of
I this section, it is argued that to execute the act
j of IM|\J, against the inrumhcotH then in office,
j during ?hwl hf.'mvlar, will bo depriving*1
l of a " freehold" without judgment by ?'
or the law of the land. I'hat as *
nilies an estate for life: an
1 havior is a freehold, i? '
I Admit this rea*
might In1 hi'*
tin! threnlioh
amplification it
to all tli? ilillinn.
freehold, an n?ed tn
of nno constitution oo^
i ntlixvil to it, intemied In . .?n
! Mitutimi. What was this itv refer*
I ring t? Martin t.'liarta, lie wi. .?;eivc that our
| second section of tlie '.Mli article of t!m roii'tittl*
tion, id almost a transcript from it. No le^al
gentleman who liertrs me will dissent fio.n mo,
! when I advance thi-> amerti?oi, that our member*
of i!i?* coiivolition, intended to use the word free*
1 lio|?| in the name nunse as used in Mi^tin ('liarta,
| which instrument tlmy were copying, when the
I section noticed was framed. f.H us enoiiiie
what wan the common law definition of a tVec
hold at the time it wan introduced into Magna
Chai ta ? It was this?a freehold, nr frank tvnr
mrut, lib? nun leii'mentum, inland or tenement
which a man hold*, in fee>Hiinple?'fee>t{ii1, or for
term of life. Ily the common Idw, a freehold
cannot comincnce in future* hut take effect im>
mediately, either in poMeftsion* rtivcnHoti, or re?
maimler t mid in thin sense, IVe liold la used in
contradistinction to blUiuage. Freeholder# were
formal;!/ cnllcd mifikt Or Kfdghk Tho rrOue*
A JsCsHSIESak.' . I
nenl of lawyorsnt A subsequent time, made
cef hold for life by potent, a freehold ; hut
was not (ho freehold intended by Magna CM
iter wfes thero nrty aucji construction ut tin*
of tho obtaining M*gua Churtn. Let u* n
to tho sifcuiftcAtion of the .word freehold i
constitutioiuAnd enquire Vlmt in Uio menu)
it there? Evidently tho, signification wli
have argued*should begiven to the samo w<
Magna Charts. in the 4th section, ntid t>
cie of the ctfnytitutinn, *.hen tho .qualificat
voters is ox pressed. is the first nlaco wo Hn
word* freehold used. /.This scction reads I
?* Kvery fitjei#liitjp man of the ago of twent
4t year*, being a'atizen of litis state, and 1
" resided therein twtf year* previous to 0
" of diction,' and who hath a freehold o
41 acres of land, 6r a town lot, of which h
"beonlerofly wdr.td and postered at le
* months oetote such election, or not havinj
" freehold or town lot, &c. ficc.
llerc, the meaning of tho Word freehold
nifotft, audanptfentto every ono who read
Tlio convent ion intended that each eleetor i
be attached to the country, that he should.
permanent resident*, that ho should have a
and a habitation.
Aj^ain, in the fith section of tho same A
defining the qualification of a member ?
house of representatives, it is requited th
should hold a settled JVff-ftoM estate, of fiv<
dred. acres of laud. Agai|i,*in tho 8tli so
same article, defining tho qualification of
natorp we find one of tho requisites to be
tied freehold estate of the value of threi
dred pounds. If a member elected should
sent himself ut your speaker's desk, and so
all the nroporty lie possesses in the world
ofllce of clerk of a court, and ask you if ?
nut conceive this a freehold in the meair
tlio constitution, you would unanimous!
no.?This would bo the language of r
this would be the language of common
standing unaided by legal research or sojilt
i In construing the constitution, we should ;
to the obvious intention of the framers
and when technical terms are used, we ?
interpret them according to the usunl >
standing of them. We should not givi
the most ample and technical signilicatio
that which alone is known to professiona
We should establish the most correct m
of the word freehold^ by usking ourselves
dually what we consider a freehold. \
ing to tins criterion, we shall arrive at
decision of tlie question.
I proposo rtow Mr. Speaker, to exam
doctrine of contracts which hat> been u
applicable to the question in diicussiou.
again I distinctly dinavovv tho luw as ad
by the supporters of the bill. Contrat
general sense, is a mutual consent of U
ties, who voluntarily promise ami oblige
selves to do something-?pay a certain :
tho like. Contract, in its common law
cation, is an agreement or covenant b
two, with a lawiul cauilderation or caw
this consideration in law is cithor "?;ai
or money. A contract must l?e so cfort
complete, that each party may have n
upon it. A promise for ? promise i# a g >
Milurntlon, wlu-ru tho ?taoie is reciprocal;
tual and made at the same time; but tli
miaes must bo coextensive with thecoi
tion. Any person who will apply the.*
?ites of a contract to the present questii
see that thero is no legnl contract bin
the state. The officers contemplated
bill, may resign at pleasure. Tho st.ii
tore, by the solecism contended for, it h
tho oflfcer, and notthe oflicer to the stat
both parties arc not bound, and the |>
made are not reciprocal. IKut Mr. Hpeu
this doi.trine I go further, and advance
that nil contracts or agreements wlncl
gainst the general policy of law, or r< j
to justice, aro void. 'The legislative nci
the bill now proposes in part to repe.d, I
expressly, that it is repugnant to tlie >
our constitution, that tho officers of statr
not bo rotatory. This alone would be s<
reason. It is admitted on all sides that
(pslnture might dettrou the office. Wou
more unconstitutional, or unjust, to nn
tenure of the incumbent, than to d*
oflice? 8nrely not. As fur ?'
Kpe.iker, as tho constitution- "
is concerned, I oppose?'
trine of contract ?'
There i*
groun*'
. ?la<l?? I
.it tuu tr.irri i?*
., xvitIt wjmt talciit*
. ted I>y u very '????'? ?nujn
.^itiiniito icion. ami I (li*rlniiu
. i Mr. Speaker, that in<li*|>o?iii'*.i
my ?uy hi" more on (his milijcct lli'Vm1
liave tue legislature do a fait'ole** m I;
vvooM l?> iiHtrnmontnl to (In* (imnc*ti< >
a Miijjle family iu tin) rcjui'ilic, I would
voice to n'icli a pitcli??!' remonstrant
who liear mo nliould bear witness that
Mo mi' t?* 11? ('nlt? win lionest,
Tlio ?|?h?h|??h on the p.-tftsagt! ot' (he
enrvin!) li? to I t.
AYKH?-Thorna* flennett, Ksq. S
Mewf*. Adams. Arthui, Moll, Dotirke
Hull, Holler. Hinge*', J. {'air, 'I'.
Campbell, J. <'uoumell, ('lenient, IN??'
ry, l)arby, Daniel, Harlan, Doyley.
Oarret, *0:lillard, (iodttrd, (nillin
Harper. Ilavtie, linger, Jermatt, Jcnkii
Kennedy, lvirl.no>, lattice, l.nwton. H.
I#ec, C.4 Miliar, A. Miller, Mitchell, S
M'Michuel, Morris, Morgan, Nohlo,
I'inckney, 1'layer, lVtntct, IWn
Hawln, ftenrdoti, Khode*, Itichnnnmn,
W. Scahrooky W, II. Henbrook, >
t ? " ? '' ' '