Historical Newspapers of South Carolina

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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 ? " ? '' ' '