The people. (Barnwell C.H., S.C.) 1877-1884, October 18, 1877, Image 1
" ♦ ■ *
..I. la wriUag to this offioo oa buiinou al-
*»J» (>▼« jroar aame aad ^oat OtSooMdrwa.
2. Buiinaoa leltora and ooanuuaicationi to
be publiahed should be writtetv oa separate
aheeU, aad the objret of eaeh olcarl/ iadi-
oated by neeeaaary note wbea required. »■
3. Artielea for publieaiion should be writ-
tea ip a clear, legible band, aad on only eae
aide of tbe page. * Ci
BUSINESS CARDS.
— *r-
Ouarterly,
made on liberal terms.
■No communlcaltoh winTbe puTil&bed ua- *
lesi accompaiued by the *
the wriidr, act necessarily for .publiqat^
but ae a gnarinty of'good (blth. 711
Addeeaf,-^ , MK tEOPIJI,
n
, Barnwell C. H., 8. C.
m-
ARE THST RIDGES, OR NOT?
•t
J^XTOBNKY JkTT JUAaW f
vyr:
AlKKN, S. C.
c.-:
WOT practice in all of the Courts of
U State. . ocll-ly'
THE TRUE MObKOE KLEUTTRQ CIR
CUIT JU0OES
1 T^enaocwmcjr Blhould A.dheww to
the Conetitutton—"1 het Instru
ment l^rtMoribm* tUwt Otrcutt
•Iwd(ree Should l»e IDlected by
Joint Bn Haft df the Oeneml
■emldy—A Ballot is s Private
Vote, and an Election Viva Voce
is not an Bteetionhy Ballot.
9IBBLS A XZLAS, :
,, - . :*"*>. •" -7 ^ • ’‘r.”
ATTORNEYSA1 LAW, i
■ ■ 5 > ..*
Bamberg and Blackville, S. C.
acpG-Gtao ' ’
JOHN W. HOLIES,
ATTOKHKV AT ftAW,
VILUSTeif. S. €..
Practice* in alt the Court* of the State
and the Ua*e4 Ctafctf.
^ J A «A > ATT>Y. L
ATTORNEY AT LAW,
To the Editor of Ou A'etrs and Qouritr :
Were we united to define the leading
feature of American democracy, we
should ujihesitatingly say : Strict ad
herence 4o Constitutional obligations
and requirements, whether State or
•deral; for in this principle is tna-
Ita dlatineUee character as a
political theory. V -
In tbe pohtical aseemblies of a re
publican State the temptations to sac
rifice organic provisions to expediency,
and to servr tbe restraints by which
eonatltutlonal law holds in check both
popular impulse and factional ambi
tion, are at nil times very great, but In
times of drll 00mmot loo or disturb
ance almost irresistible. True demoo-
ahoulri at all times combat this
tendency. ’ ' '
Ain>
r ’ ' * • " •• ’
tmiaka JiTwrrxcK.
-ir '• s . r ' f
BAMBERCl, 8. CV
pity
All Wiaasa pro
sepd^f
N. i. TB9#P*8W.
ATTORNY.Y AT LA V,
WII.LISTON. H. O.,
Practices in all the State and Vnited
States Courts. -sepfi ly
JAMES M. RYAN,
LAW.
—BARNWELL, S. C.
A. M. OWE MS,
jATTORPCKV XT' L.AVr,
•BARNWELL, S. C M
Practice* in ail the Coart*.
, scpB-lf
A. B- CONNER."
Attorney at Law,
i /
ALLENDALE, S. C.^
<> sep6-ln
•f
- J. M. SKINNER,
ATTORNEY AT LAW,
SamborfiT. 8. O-
scpfi-ly
LCbTEfHSHS.M.B
•*
RAILROAD AVENUE,
JRI.AC1C VIL.L.IC. M. C,
DEALER IN
Drugs, •"horalcaU, Fancy Goods,
Hair BruahcH, Perfumery, Ac. Phynl-
daan prescriptions carefully com
pounded at all boars. a«p«-3mo
r P. F. STOfcfcS, M. D.,
• Nv ‘- . X -V
l Druggist And Apothecary,
4- , BUokriH^ *> C.,
Keep o an tonally on bnoda well
: sal acted Stock of Drugs and Medi-
: does, Oils, Partaaacry. Segara, Aa
; Wilt also praaoribd for
' : bee of charge.
* fttlly compounded.
P. F. STOKES, M. D.
sep6-3mo
• a a • a • • •
: Daniel Haas,
. ' n ’n
FOREIGN AND DOMESTIC DRT
GOODS, NOTIONS, fANCf
:> ; . v GOODS, Ac., te
/l55.Meeting Si-» \
CHARLESTON, 8. C.
sep!7 Saw ‘--■;
For Sale or to Rent*
I N the Town of Willirton, Stem aad
Dwelling* of any sort, site or qcalL
ties J. B. BURCKHALTER.
•ep 20-1 mo
Jl
.if,
Factor and commission mer-
CHANT, Churoh snATradd Streets,
Charleston, 8. C. SdnMishnd in 18$S,
end has dene move for the country pco-'
pic than any othor. scp27-3mo j
Tbe repabliena party on the ether
hand, which ban no long directed the
destinies at these United States, la tbe
embodiment of a higher law than that
of the constitution. With It nil things
arc lawful, but all things are, or are
not, expedient, according to the exi
gencies uf the party. All things are
lawful which tend to perpetuate Us
power, to cripple lie opponents or W*.
aggraodlto its followers; and with it
oonstitutioual restraints and limita
tions must Invariably yield or conform
to the higher apd more republican d»>e-
trine of expediency. It follows not
the Ark of the Organic Covenant, but,
with one band., grasps tbe horns of
the National altar, and with the other,
clutches tbe silver and gold vessels of
the sanctuary.
From the Potomac to the Gulf of
Mexico this venal |>arty has fallen,
never to rise again, fallen to pieces by
It* own corruption, and a prey to it*
own lawlessness. la South Carolina It
trampled the constitution in the dust,
but tbe constitution, aided by the
strong arms of the people, has. risen in
its might and burled the loathsome
corpse bvyond the hope of resurrec
tion. The natural and legitimate
guardians of the oonstltutluu have
been again placed as sentinels urouod
tbs temple In which their political god
dess is epsbriued. Their emblems, de
vices and banners denote tbe native
democracy of (he State. They are
charged with this duty : H Ne Keepub-
lloa quid detriment! cape ret,” under
sanction as solemn ms tbe Sacramei •
turn of the Roman soldier, and woe
betide them If they prove recreant to
their trust *•—
With these preliminary reflection#
w* shall proceed to treat of those por
tions of tbe Slate Constitution which
Indicate .the mode of Judicial Elec-
O q/-
Uom, feeftng tattafled that the import
aoce of the Judicial office and tbe tie
cessity of a general acquiescence in
tha validity of the title theftto' will
amply vindicate our selection of the
subject for public discussion.
For the proper understanding of this
subject we shall quota the several pro
visions of tbe ooostiialkm pertinent
thereto In their order:
Art IL Sec. 11. In all elections by
the General Assembly, or either House
thereof, the members shall vote “viva
voce,” and their votes thus given ahal
be enter* 1 upon tbe Journal of the
House to which they respectively be*
Art. IV, Sec. 1 The Supreme Court
1 eaWetat at a Chief Justice and
Haie J estiees, two of wham
shall ooeeQtnte a quotum. They shall
he sleeted by a Joist veto of the Gen
eral Assembly for the term of six
years, &A , u i
Art. TV, Sec. If. The Bute shall be
divided into convenient circuits, nod
fot each circuit a Judge shall be elected
by Joint ballot of the General Assem
bly, Ac.
Now, the question arises whether,
on the' one band, the general provision
ot Art. IL M, l# to overrule the
apqcial provision in Art. IV, Scm 19,
and the latter be igsde subjectively to
harmonies with tbe general provision
of the former, or whether^on the oth
er, the provision of Section 13 aball be
maintained and enforced as e special
and mandatory oonstitutioual require
ment. - • - _ ■, L
We confidently mainUtn the latter
proposition, and bold thftt n*, election
of jt Circuit Judge Is valid or effect uni
whldh is not the result of joint ballot
DOW LINd j of the General Atnembly in oontradlo-
orw " wxj, ^ an eifcctton by “viva voce” vole,
Vt bat Is tbe meaning of tbs word
“ballot f” According to Wharton's Law
Dioti
“Ballot" 1s to vote for or choose a
into an offloe by means of little
, of several odors, wbleh see put
into S box privately, according to the
mdinatioos of the chooser or voter ;
or by wiring the name or names -of
the candidates upon small pieces of
paper, and rolling them up so that
they eaaactbe read, which are pul http
a box, and, when the time limited for
Etlon Is o^er, an '‘Indifferent per-
tattee them out one by one, and,
upon reading the name or v namee.
aouebody takes down the number of
vote*, the greater of which is declared
d^ly alected.” . ,„i
I Cash. Leg. AssembrSeo. 108 : t
“A ballot" may be defined to be a
piece of paper, or other suitable mate
rial, with the name written or -printed
upon It of the person to be voted for ;
and, when the suffrages are given In
this form each pt the electors, in per
son, deposits each a vote te a box or
other receptacle provided Ibr the pur
pose, and kept in the custody of the
proper officers. <
Bouvler’a Law Dipt;,
"Ballot,” a diminutive ball, L e., a
little ball seed lb giving votes ; the set
itself of giving votes; a little ball or
ticket used In voting privately, and for
that purpose pet Into a box, (com
monly called a ballot-box) or some
other eobUivanceL”
These authorities fully establish and
define the technical meaning of the
word “"ballot.” The next question
which arises Is whether this technical
signification is to be adopted In the
construction ef our eonstltutldn, or
T
11, more-
uotations
ot,” "by
gal and technical defloitto
urnlshed In this article. It 1
over, appear from tbeabove
that the terms, ’'jointly by
baBoTJolhlly”' ahU^Jbmr
in parliamentary language, ^terchang-
eabie termS'applied witboft distinc
tion to the com position of
body and the particular mftde of ef
fecting a result "necessaryfto consti
tute an election.”
Such, then, being the tltge-honored
parliamentary slgnlfieaUo* If-tha term
“Joint ballot" and Its cognAe exp res
stone, it ih>hoovt s both th« Judiciary
and the legislator to recelv#it aecord
Ing to its accepted and techt&ofcl mean
ing, as, Indeed, It was rect*Mjf RpllMI
late election of Judge Kemhaw; for
"words and pratses the mna^ of
which Ip a Statute (a forUoiJU a con-
ed. Both Articles I and II beoxme in-.
tegral portions of thS Coostitutinn be
fore Art TV wa*AoaUy adjusted.' But
there was a considerable party lb the
Convention xenlous for rite extension
of popujfur dfeeUons, and which, there
fore, sought to UMke tbs J adteist office
Ihmtlvs by the people. Accordingly
wafiqd the eledtloo ab to the Circuit
Judges, as originally reported by the
commit tee, and sp to the time of the
second reading, worded as follows:
The State shall be divided into con
venient circuits, and for each clscuU a
Judge tbah kb elected by the qualified
«S thereof," Ac.
thtf second reading-(27th Febru
ary) a lively dlscumk* enausd upon
to hie Radical legislature. So much
for hls policy, c. a Bowen, on the
other hand, s*ys: (kro. Con. Oon, p.
621.) "It they (the democrats Of the
upmc -dlatrUlte) iwMhfl abUlty
elect democratic metuhsrs, they may
also sleet demoemtio judges, but I
prefer to tr ust to tbe people." And so
we have his policy. But we might sug
gest a policy Impelling the convention
at the time of the third reading to
adopt this exceptional mode. It Is very
probable that while tbs^eeerioa as to
voting generally In tirt Assembly wan
dictated by a desire that the exact
course aim sooduot of each
. - Roles far gpellifry.
The following rules s’ ; .Id' bw care
fully committed to memory, m the
[ knowledge qf them will “
fa
* w
i words, whioh Is &l
rlehced even by the
| All monosyllables
single vowel before 11
Jths close; as mUl, at
All monosyllables ending th 1,
double vp^ei before t^ bavo ooo f &
[At<he closfS^ 33 ® ““
Monosyl
its ■ vf
&
stitueney, ft might bars been deemed]
necessary that, fit the eiectlbo of dt'-M
cult Judges, the secre<f¥ of'the • bkllftt |
some looser and popular understanding
of the term "ballot,” such as being a
synonym for the word "vote.” Now it
is Awell established principle in the
oooetxuctioa of statutes that, wherever
a word has received a technical and
'distinctive signification by usage, that
signifiestlon must prevail in the Inter
pretation, in opposition to any loose or
general definition of tfie same. We
comeihffl <U Wwldsi this tewsr “bai-
ot," in connection with its parllament-
stitutlob) has been aacertMasd,
when need in a subsequent (Ututo, to
be understood in the i
(Potter’b Dwarrfe, 274.)
Leave out Section 21 oi
our present Const It utlon
of electing respectively the
tbe Supreme- Court and.
Judges, the former by “Jot
tbe latter by "Joint ballot"
eral Assembly, would be t
to admit of discussion,
this general pvovteloo t
tfons by the General
be by "viva voce,” so overs!
spedal and express provlsfcm wtth re
gard to the mode of electing Clfo»tt
Judges, that we must go nnunter to
the recognised meaning bl r iaoguage
• ••••• ••
ary history and tbe practical accepta
tion of thelbrm by legialatlve bodies
n this State from the Revolutionary
peri<Hl to the present day, for by such
ilstory and usage we will be enabled
to ascertain the true meaning of the
terms, -r . s ,
By tbe State Coiistitutlon, (19 March,
1778), See. If :
“The 8-nate and House of Repre
sentatives shall each choose (heir re
spective.officers by baMoft,
control.
Sec. 22. Delegates to Congress to be
elected jointly by ballot Ip tbe House
of Representatives.
8<c. 24. Ordiosriep for the several
districts stmt! be (•boson by tbe Senate
and House of Representatives jointly
by ballot.
See. 27. JudicUi officers elmli be cho
sen by ballot .joiully by tbe Senate and
House of Rep£p«entatives.
Sec. 29. The two Commissioners of
the Treasury,*tbe Secretary of State.
Aft', shall be ehosea in Hke nmnner
C. M. Wilder moved to strike out the
worts “qualified elsstors^ Tn ssoomd
fins, and to Insert tbs uravds "by joint
vote of the General Assembly."
' Thf debnte tfpoo Wfidert Amend-
meet was participated lb by bright,
IMhargb. RaoMsr, Craig, Leslie, Bas-
W. M Mackey,Nssb, Bowen,
ChdtebsrtelnuiBd Daoeas.
‘’Maeke/s'usury Important reason”
fpf adopting the affirmative la “itd
gBDeria.”"
•It so *«*!><»•/ ■»*■ bet "titeb is
certain portions of tbb fitsts tbs fob sis
have' a majority, that te, la thw oppnr
dlstrlets, which wM bs ditidsd iatooas
log at the possibility of a dem
judge being elected, what bettor plan
oould they have adopted, toi protec
tion against afy lftAMtoett oourto B*
might seek to pursue sgalnst his !
ponente in the Leglslatnre, thstfthf
sberecy of the ballot f " ! ' ■* J
The (Hfhult judges^ Mill reosotiy,
wWre oonflned to their rfespeotivtf oil*
cults, a very thnftod territory. 'Ifdst
vital and important interests Of our
and do violence to tbe C<bMtitutioo or more'cfroWits. ' Tbte report provides
.a a ^..1. -r. I r - q.. a- - - m_ _ ms V. Am Mr* a. svlwwMtldA
itself? Certainly not. ^t
laid down as an establl
constitutional interp;
when a special provision
as been
rule in
that
with
a general, the former must $e treated
aa 'afrfxbeption to tbs latter, as much
so as if the words In tbe general pro-
vieibn had been followed with, “save
as bmiuhftcr provided,” so that ws
must read the 21st Section <6f Article
II as If the words "viva voce” wsrp
followed by "save as hereinafter pro
vided In Art. IV, Sea 13, of this Con-'
stitution." (Potter’s Dwsrrlg, U7,
272-3)
Thus, then, is hannony restored to
the Constitution, yet no violence done
that tbe judges shall change circuital
Perhaps tb* gestteewM from Beaufort
(Wright) may find one sf these judges
elected by rebel votes ossslsg down to
his dlstrlot abd adutinlsAsxiaf ijunites
there, and, aitbduttDsktotod by tbs
people, that gentleman will have no
voice is bis electtes.1 To prevent this
oontingescy we must give die election
to the Legislature, Which represents
sot one. but ail tbe districts of the
State."
Wilder** amendment was carried.
Ysss GO, nays 94, absent 81 (Pro. Con.
Con„ pp.«lT,MA) ’ .'<T«
^ Otr the third rending of this section,
however, (14th March), the
•hereof should be patent to his con-
All words of more
■ > „
lyfliiblq h
All participles ih^
ing in e, lose the o
* >
lf«
come from
~ead then tb
1=8
Adverbs I
brave, bran
oepl
- 5 MlJ
I TProw i
r-W,ha^l
endlpgrt)
at
th-aai
m
who* they live are
subject to their oootroi. Besides the
isfiasaos sftssetesd by titew judges
o rat the verdtet of jdrits, they tot oitiy
try aid determine questions of fastis
equity, but there is s tiiry Issgwdis-
stiSMit wutborily vested' In them
U»Asfltetitethns itud at Ohambore,
jjudgas tire but mea; subject to all the
LlUaiUH «I «rto» bum.n , lw ^
enable to tea passioas, prsjudioss 'mfeablB r
)«rtTtlviS8^
loerRter;^-
from
reference; except
der. remembrance from remain* '
ousTrom disaster, rarfijstrous from
mobster. wondrtmA from wohdAr, 1 elite-
brook from dtirabef, eta ^
lo
't
retain th
millstones,
iteBMMrw
ami resentments o! our common htlr
Utauiiy. Knowing by undoubted rso-
ord, under the “viva vgos” systeop^
their political friends and tom, sup
porters and opponents la the
'elections^ their huE«, *nd, U misused,
tfaelc dangerous discretionary power
may afterword* b* employed to lati-
toate tbelr aenas o| f lhn bourm pur
sued by the delegates and their re
spective adherents within their 01 r-
la many questions, particular*
ia applteeUoas for ths restraining
~LJL7
» *4 ttufm
to its letter or to Its splrlL^Wltho^ “joint vote of the ©usstal AsswUhly" ^
"" ? of terms from their were twahltobtoify Changed to "Joist poW*» ®»^buJudge
jointly by ballot. , ' ■
Sec. 80. All officers of Army and
Navy of the State above the rank of
Captain shell be chosen by the Senate
and House of Representatives jointly
by ballot.
r ^
► • • • • ••••••
CONSTITUTION OV
Art I, Sea 12. Each House shall
choose by ballot its own officers, Ac. ,
Art. II, Sea 1. The Senate and House
of Representatives shall jointly in the
House of RepreseoiaUvee choose, by
ballot a Governor.
Art. VLSeok 1. The Judgw of the
Supreme Courte, Ac., shall be elected
by the joint ballot of both Booses, in
tbe House of Represet a fives.
B Stat., 202, Aotsf 1792. Sub.l. Elec
tors of President and Vice-President
shall be appoisted by ballot * * ’Mu
the House of Representative* * *
by the Legfslathre of thf Stite.
B Stat., 891,Aotof 17921,Seat. Comp
troller General shall be elected by
joint ballot of both branches of the
Legislature of thlsSrate. IzJ'
B StaL, 674, Act of mi, Sea L At
torney-General and others elected by
joint ballot of both Houses of tbe Leg*
B But, «H. Act of 1612, Bee. A That
in all joint ballots for tbe officers be
fore mentioned a majority ot all
votes given on such joint ballot shall
be necessary to constitute an election.
A*t of 1784, Sea 2. Court ot Obsa
eery to.eonsist ot three judges to be
ehossn^y jotaKfmltot of tbe Senate
and Gk) use, ofRepreeen tail vea.
^88tofc, 2B, Act of 1812. Bank ofthe
State, Sea 7. Lsglslature aball p^o-
eeed to elect by joint ballot a pret. 1 dent
and twelve directors.
14 But., 647, Act of 1859. Separate
Court of Appeals. - .
Sec. 1. Chief Juattee and two Judges
to be styled Judges of* the Ooort of
Appeals, to be chosen by joint ballot
of the Legislature among the chancel
lors and judges now la commission.
H will thus appear that from the pe-
tandde straining
received signification, without any la
bored exhibition of grammatical Inge
nuity, without tbe aid of metaphysi
cal refinement, we have, by this “sav
ing" rule, the plain meaning of the
words and intent of the Constitution
maintained. J."
We have thus far endeavored to
show that the election of Circuit Judges
by a "viva voce” vote of both house*
is contrary to express constitutional
requirement. In support of .that view
we have sstabli *
signification uf the words "ballot,”
“jointly by ballot." “by ballot jointly,”
and “joint ballot.” We have shown
tbe unvarj log custom of election by
ballot from tbe Revolution to the times
of reconstruction, and the necessity of
giving effect to the mode by ballot in
the election of the Circuit Judges, in
ordef to harmon'ze the- constitution
without doing violence to Us express
provisions.
We shall sow proceed to trace tbe
changes produced In tbe organic law
from the time'of the Constitutional
Oonvention of 1865 to the present day,
with tbe view of laying candidly before
the people all the facts necessary to
aid them la forming for themselves on
independent judgment.
Ou the 13th day of September, 1866,
to tbe midst of public disaster nod pri
vate woe, the ablest and mo* saga
cious citixeoa of tbit State met at Co
lumbia as delegates to the Constitu
tional Oonvention, which had been
called, under the authority of the Pro
visional Govern meht. The subject of
legislstiye electiona, amongst others
embraced In the report ot the commit
tee on "Amendments rf the Constitu
tion," on motioD of Mr. Dudley, was
taken up 42d September, 1865, and, af
ter full and free discussion, the follow
ing article was adopted as pact of the
organic law:
Art L Bee. 25. In all elections by the
General Assembly, or either House
thereof, the members shall vote “viva
▼oce,*’ Ac. v ■ ~ ■ ••
This general provtslon a* to allkw
ballot of the General Assembly.” ;
It appears train the above that when
the general provMon In the Constltu-
tlon as to legislative “viva voce” elec
tions was framed, the o'fflce of Circuit
Judge was not contemplated as com
ing within the range of these elections
by the Assembly, but waff to be filled
by ballot througbL-Bopular elections.
When the Idea of popular jhdldal elec
tion was altogether abandoned, some
other elective body bad to be eubetl-
J luted. Co-Jim second reading both
mfrabliJWa 1
All monosyflkftle* end
Da<pfc’K«n#e ■
double that efobboffant In deft****-**
jr klb, sinner; ship,
gtoUju' — atooi o»fla§
m&mmn mm*kmdto***
A donbfe votW-befero #,>4&+k§*
CK1DI8 tu© OOuSOumDv in
as sleep, sleeping ; trobp, troope*^^ ^
AH wort* ef motel thm onea^UaMr’
ina’itthli MMktfkMAi*'
y a single vowel and i
double that <
riod of the State’s firpt existence as a
sovereignty to tbe lermination of the
late civil war, all etectiOos ia the Gen
eral Assembly were determined by bal
lot, nod the universal practice of bal
loting la the Legislative budlee on
such occasions, we assert, as a (natter
of fact, was in accordance with the lo
tions In the Assembly was unqualified
la th* Constitution of 1865 by any ex
ceptional provision, and if that Consti
tution had survived aad not perished
In Us infancy, it would, by Its plain
terms, bsvs left no room for dispute,
for on turning to Article HI, Sea 1, we
Had: “Th* Judges of the Superior
Courts shell be elected by tbs General
Assembly,” leaving tbe manner of elec
tion to be controlled by the genera
provision In Art. L
the electoral body and (he manner of
conducting the election were assimi
lated to tbs law already adopted with
regard to th* election of Justices of
the Supreme Court, but on tbe third
reading the mode -of election, which
had not entered the arena of discus
sion on the second reading, was, with
out dissent, changed, and although the
proceedings of the ooovention are si
lent as to tbe cause of this change, the
presumption is that it was deliberately
adopted, for we learn from tbe jour
nals that Art. TV was “readby sections
and passed for ratification.” And here
we would call attefitloh- to fin Impor
tant principle recegnlssd by eooetitu-
tlonal writers, viz: That every word
aid phrase of the organic law Is pre
sumed to be deliberately considered
and weighed before being adopted, and
although there may be room for pre
sumption tdlbUfi (haliuMf Md prude
egiBlationofTEri»T>5rey times,”
words and phraera la acts of Assembly
isy be loosely and unadvisedly adopt-
i, there is aone for such prepumption
i the frame work of constitutions.
These are the pedestals on which rest
the liberties of tbs people, aad not one
stone can be removed from them, by
direction nr indirection, without en
dangering the total structural We sffs
no reasons for doubting that the frara-
ere of the oonstltution meant exactly
what the words tbemselvoe import,
viz: that the Justices of the Supreme
Court should be ejected by “joint vote”
in accordaoes with to* general provis
ion, but the Circuit Judges by "Joint
ballot,” In accordance with lopaemo-
rial usage in this State.
But, It may be asked, what policy
toteoded to be subserved by a
provision so exceptional ? We do not
feel under any pressing obligation to
answer tbs question in order to sap-
port our -views. It is JoMetent that
seal* of justice have to be held with n I
delicate hand, and viewed with un
clouded judgment. It is apparent,
then, that the judicial mind should be,
free from the slightest bias ef preju
dice, for, 7-^ —-j--
*Tf telf the wavering balante shake,
; 'Tierarely right isfynftaJ. ,f VT ilLT
• Chief Justice Denlo (in People vs.
Pease, 27 3f. T. Rep., 81,) speaking of"
the ballot, which he sty Isa “An impor
tant and valuable safeguard of the in
dependence of the humble
says
"Thespirit ofthe system require?
that the elector should, be secured
titen, and at all times thereafter
We next boms to the uobeUluilon of
1868, which met in Charleston loo the
14th January of that year.
Th* general provision with regard to
legislative elections seas adopted ver
batim from the Constitution of 1865
and was embodied in tbe sew Const!
tution as Art. 11, Sec. 81, Already quot-
y-U
\,
against reproach or animadversion or
any other prejudice on account of hav
ing voted according to bis own un
biased judgment; and that security is
made to consist in shutting up within
the privacy of his own mind.all knowl
edge of the teanner in which he has
bestowed his suffrage.” Mr. Oooley
expresses himself lo similar terms.
(Cooley's Con. Llm. p. 604 j. ' ) '
Tin this important and valuable safe
guard then which we claim Sot tbe Con-
compel, oompRMtii
distil, distiller. « **
Noun* of on* syllable eadisg to y
chang* y into Inf in tbe plsrai, aad
verbs ending In y, preceded by a «*»>'
sonant, ehaago y Into iss i*-.ti»<th*d.
singular of th* pteaent tsosa,'
led in tha paat toad*, and pattk.
cl pies—as fly, 111**; I apply lad b*ap»i
piles; I repllsd or bass repttsd, ** turn
replied. If they be preceded by *
vowel this rule Is not appttoalila—as?
key, keys ; I play, be plsys; in hava
enjoyed-ojiSfrife 's.
, Compound words whose primitive*
end into y change y Into t—a* beaety,
beautifnl; lovely, lovsifh*M.—Jo
of Rdnwitkw
u*
Tbs Turks In
Last night there was great shantingta
the camp, aqd I hear several cOTtmpon^
I enu who are now at EskiSaghra thought
it was joy at the occupation of Tirnova
by the Turks. It was, howerer, only a
renewal ofthe eastern the troops badge*
into in Montenegro of ahswtisg to Msb
\'
M
other. This custom the
stitution, wherever sud whenever its im- j hemet AK Is very partial to, as hi toys
it conduces greatly toward thfi^Teepilg
up ot'good spirits among the men. He
told us that often.in Montenegro, when
it M* wet and cold, and thy
port and tenor demand its adoption-
Bat the Jastiow of the
Court, it may bo said, are ehetad by I
joint vote. Eh Mea 1 And so tb* Cos- ]
stitution expressly says. Rod why ff*t?
The Justices of the Supreme Court deal
with issues arising iVtorgktp jit l*jrge. j
Their duties do not bring them Into Alo^Me ridealdf the MW,tagd*«**fck
personal relations or cootact with liu-1 their r3-«ehoi(»g sowndbf ittiML
ganU. They deal only with abstract noise that ft COffld
questions of law, in their general appli- nod had the double
oath* atone affecting individuals and pen’* spirits by brei , _
corporationa, no much so as to be iuca- of their nnptoasant state, and i
pable, wtth pftoirked eomment, of be- what damped the ardor ef anyynapy
ing made subservient to individual pre- who might be itob**Hpg.’*»4 whe uot-
ferences or resentments. Thus then Tre jibreBy formed 4* eaa^eretoitiliMtif
have a policy to justify the discrimWt-r their dnmbdto: fn lb*ba*)> letffdhkto
ing intent of the Constitutional Conveu- ! htWy IHtle going on. •Fusts sod oR.
tion of 1868. W* dp net vouch fyr ,it* I post* go oat as usual, and driH -^odr
correctness, but it baa, at to*sL the 11 saw the same men darning fhis ev«fl
merit «£0R*sibihty to recomnasod it to | bu|j in a stow^ and sokimi manner,
those who a* not satisfied ‘ with the befitting Turk*- Some thirty formed
plain letter of the Organic law.
'4 ■. Kappa.
WiLLiffrox,
1
27, 1877.
Cleaning Bffwwax.
Put the comb u> a sack with a weight
tbe Intent 1* determined by th* ptoln Harit, heavy enough to hold to down it
established meaning of the words.
The intent te thus fixed and unvarying,
the policy may be shifting and unoer-
ratn. What may he good policy atdne
time may be bad at another, and at
another no policy at alC
It would appear from the remarks
of Mackoy, abov* quoted, that the,
districts induced him to vote for giv
ing the election ot the Circuit Judges
iW boUom of a wasfabeitor or kettle
which should have pisaty of water ia it,
over the fire,'Wed eomc to tito Ml,; or
very nearly so. When ©old, th* ckaa
beeswax wifi stand 6n topto [ fierod te be UUt at
that can bff taken off readDy. To prevent JJ e w ^i-ncveu a id
the cob tents burning >st to the bottom the enemj¥c6U3ti$
befitting T*rk^.
a line, the end files having]
in their ban* . “Tlmy thenj
and began sinking some bifid dfcShtry
vong: The baae*’ ffasiF
moving three steps Ik the nghi, aad
then doing btiaa* movnuewt «a one
foot, dariqg »l*to timtolbfir*jrtJM*
waved their bandketebto^J to «¥*bw
three steps, aud df novo . As they came
und m/k y
is formed, thtey stepped, an*
tor about twenty minutes.*/
dread of "rebel vote*” in the upper' 1 ofthe kettle or boiler, piaeo ia the boB-
tum an iron grate or a piece of sheet-, here i u the
iion, or two or three old pie-panr [ so on.
'O-V -
■ 'fe-
I