A.,- . -- -e , of - --.-. VOLMI. NFOR STXW . mo;TS,IN ADVA-NCV.j.fi&e~f ~2~OJ ~4I~fe1eQe -VOLUME L.- NEWBERPUrg S. C.. WENDNESDAY, OCT. 4,385'' UB~-L T HE- [E RA LY W PUBISA,ED EVERY WEDNESDAY, A Newberryt. H., 1yr. ItE. I.L yeW -9DITORS AND PROPRIETORS. TkRS, .q150 FR SIX MONTHS, EITHER iN CVRRENCY OR IN PROVISIONS. (Pyment required invariably in advance..) Advertistientsinserted at $1,50 per square, for irst inertion, $1 for each subsequent insertion. kWageodeeii, Funeral invitations, Obituaries, %d Ocomuwnications of personal interest charged esadvertisemaents. TI CONSTITUTION OF THE SrATE OF SOUTH CAROLINA, $EPTEM -R 27 1865. e,the puple of. the State of South Caroli n,, by our .DdVgates in 4oncentiop met, do orda and etabiA- this Contituiton for -!t -,xernment qf the saiStWte: ARTICLE I. Sec. 1. The Legislative authority of this State aall be vested in a General Assembly, whirhall consist of 4 Senate and a House of Representatives. Sec. 2. The llouse of Representatives shall be composed of Mebe rs chosen by- ballot, ;eery second year. by the citizens of this State, qualified as in this Gonstitution is pro vided. Sec. 3. EachJudivial Distrit in the State shaf conTitute one Electian Dttrict, except 4.arleston T)ijrijt. which shaill be divided into two Eection Disticts, one consisting of 1he'late Pajishe- f St. Philip;and St. Mich tw,to be di 44tedhe Eection -Di.strict of Chrteston; 'the other egnsisting of al1 that ASart oF- the JfldicL1 Difdict, which is without the limits of the said Pari -hes, to be known as the FEectn Dislriet of Berkeley. Sec. 4. Tke boundriesof theseyera Judi Ptikrieion irts shall -remain as t e.tnr stahiishedl it Y epreeative yhail posi.4 ene hur4red and twenty-fo'W ieni e r* -4*ppi ined iamong the several f.Aectini lsteicts of the State, ;ecording to Vh04*:w ;&f w"hite inhal,itants contained in Sicij40saaNint iW all taxes rai,ed V hGy f-lit ther direc o in .diect, r:f'atever species pSid in ench, -Cduc(uing thenfiom :tl tses-paid f1on account fr t hed iaf a other District, and -ud;ing j.here?o 4I taxes i-lse" ly re paid on ac #rnt of prooetty hhIJ inuh District. An uimeuratiJn of the- white' inhabits, for ai. puposet, was made in the-year one thou u~j;d tight hur'Jred and fifty-nine, anad shaIll he ade i the course of' every tenth year 4 e:a&ery in such manner as shalI he, by ~w. 'irected; anid Representatives.she.ll be assign Sto he different l)istiiets in the aboge-tnen 'tioned propo iv by Acet of the Gerveral As. isembly at the session immediately succeeding everg 'enumeration: Provided, that unrtii the --appordooiet, l14eh shal[-be made uponi the nexteidmertiorg shall take effect, the repre sentatiomof- the several Election Districts, as .herein constituted, shall eintinue as assigned - t the:bat apiportionment, each DistrictL which ~har been heretofQre divided-into smaller D)is e~its, Icerk s Parishes, hav ig the aggre gte. uiuber of Represeotatives which the Parishes%beretofore embraced within its hits ha' had ince t)bit apportiohiment, the Re u~~ztative to' whichthe,Parish of All Saints - ais beesE hereofre entitled, beieg, duaing his titerval, assigned& Ht,orry Election Dis trict. Sec6. It the enumeration herein direced ~hail not bw6 made' in -the .course of the year - ppoingeigfor the popoe it shall be the duty ofsthei0Goernor to have it. effected as soon tle.tras shall be practicable. Sec. Tn.assigning Representatives to the evra}Tstrts, Ihe General Assembly shall allow in Representative for every sixty-sec end part ofthe whole number of white ini,iab itants in .the State, and one Representative also ter every sixty-second part of the whole tazes aised by the General Asiembly. There shall be further allowed one Representative for socifractions of the sixty-second part of the whitnhabitants, and of the sixty-second part of the taxe3, as. when addled .together fora Duit. Sec. 8. All taxes~ upongproperty, real or personal, shall be lg,id upon the, actual value of the property taied; as the same shall be ascithifledi)by an assessment-inade for the puarpose of laying such tax. In tbe first ap .prtionuent which shall be made under this Oonstitution, dhe amount of taxes shall be es timated from the average of the two years next preceding such apportionmient ; but in every subsequent appertionment, from the average of the ten years then next preceding. See. 9. If, in the apportionment of Repre eenaties,any Election'District .shallap.r not to be entitled, from its population and its taxes, to a Representative, such election Dis trict shall.nevertheless send one Representa tive ; and, if there be still a deficiency of the number of Representatives required by sec tion.fifth, such deficiency shall be supplied by usigning Representatives to those Election Districts having the &rgest serplus fractions, whether those fractions consist of a combinia tion of population and taxes, or of popu'ation~ or taxes separately, until. the number, of one a u-1dr actenty-four Members be ma~de up; Provided, however, that nqt snore than twelve Representatives shall, in any appor tionment, be assigned4to any one Election Dis trict. Sec. 10.- No apportionment of Representa tives shall bconstrued to take effect, in any manner, untiN the general election which shall succeed such apportionment. Sec411. TboSenate shall be composed of one member from each Election District, ex cept the Election District of Charleston, to wilich shall be allowed tw9 Senators. Sec. 12. Upon the meeting of the first General Assembly, which slhall be chosen un der the provisions of this Constitution, the Senators shall be divided, *by lot, into two classes; the seats of the Senators of the one class to be vacated at the. expir'tion of two yea;s after the Monday following the genera election,-and of those of the other clab at the expiration of four years; a4d the number of these classes shall be ao proportioned tfiat one half of the ihole number of Senators may, as nearly as possible, continue to be chosen thereaf*r everi second year. Sec. 13 No person shall be eligible to, or take or retain, a seat in the House of Repre sentitives, unless he be a free white man,who bath attained the age of twenty-one years, bath been a citizen and resident of this State three years next preceding the day of elec tion, and hoth been, or the last six njonths of this time, 'nd shall -continiu, a resident of the District ayhich he'is to represent. Sec. 14. No person shill be -eligiblc to, or take -or retain,. a seat in the Sen ite, un less he is a free white man, who bath attained the age of thirty years, hath been a itizen and resident of this State five years next pre ceding the day of-election, and hath been, for the last six months of this time, and shalf con tinue to be, a residen.t of the District whigh he is to represent. See. J5.,. Senators and Mebers of the House of Representatiwes shall be chosen at a generaI election on the third Wednesday in October, in the present year, and on the same iay in every second year th, aVr, in such manner, ant for such terms of office; as are herein directed. Thev shall meet 6n the fourth Monday in Novemib r, annu:!y at Co iuubia', (which shall rem:iin the seat of Gov ernment, -until otherwise determined by the concurrcae '' to thirds of both franches of the whole representation,) un Iess.tho casualties of war or rontagious di orders shall render it unsafe to met t there ; irr either of which eases, the Governor or ICOmnsder in-chief, for the time being, may, by proclunation, app.int'a ipore secure vnd convenient place of i'eeting. Sec. 16. The terms of offic~e of the Senators anRld Ropresentatis es, chosen ,at a 'ggneral election, shall begin!on the IMonday folHowing such elettion. . * Sec~. 17. Each House shall j:;lge of the> elections, returns and gn difications of its own~ Members ; andl a majos ity of each House shall constitute a qurTm tn do bu.,iness ; but a smaller number may agiourn from day to day1 and mny te aMthorized tb g-ompel the'at-! tendance of%bhsent Memtbeis, in such manner, and under such penalties, asimay be provided by law'. Sec. 18. Each IHotise -shall choose its own of8ieers, determines its rules of proceedling, punish its Members for disorderly behavior, and, with the concurrence of two thirds, ex pel *f~tnmber, but 'not a seco'nd timec for the samebause Sec. ,19, Eachi house may punish, by ir# prisonment, de:Ing its .sitting, any person, not a member, who shall be guilty of disre spect~to the House by any dis->rder-ly or con teiaptuous behavior in its presence; or*who, diing the time of its sitting, shall threaten harm to body or estate of any Membe'r for anything said or done in eithier Uouse, or w~ao hall assault -any <.f them therefor, or whgo shall assault or arrest any witness or c tffer person ordered to attend the House, in his going thereto, or returning therefrom, or who sball rescue any rerson arrested by order of the House. See. 20. The members of both Houses shall be protected in t$eir persons and estates dur ,in their attendance o'n, going to, and re turning from, the Genvral Assembly, and ten days previous!o the sitting, and ten d-iys after the adjournment thereof. But these privileges shall. not be.ex'tended so as to plo tect any M!ember who shall *be charged withI treasoD, felony or breach of the peace. -Sec. 21. Bills, for raisinig -a revenue s'hall origiate in-ethe House of Repyesentatives,but may be alteret ameided or-rejecterd by- bly Senate; and all other bills may.. originate in either House, and' may ,be amended, altered or rejec'tpd by the other*? Sect 22. Every Aeror 11esoution having the force of law shall relate to but one sub ject, and that shall be expressed in the title. Sec. 23. No bill shall hare the force of law until it shall have been read tirree times, and on three sev'eral days, ini' each Hoise, has had the seal of t,he State alhxed to it, and has, been signed in the Senate I louse by the Pres ident of the $enate and the Speaker of the House>of Representatives. Sec. )4.No money shinJl he dra~wn out of the Public Treasury but by the legislative authority of the State. Sec. 25. Tn ~all eldtions by the General Assembly, or either HIousQ thereof, the mem bers shall vote "rict voce", and--their vote thus gIren, shall be entered upon the journals of the House. to ivhich they res)ectively be-. long. * ". -.hme M.abrs of thr General As sembly, who shall meet-under this Corkstitti tion, shall be entitled to receive out of the Pubic Treasury, for their expenses during t1leir attendance on, going to and rotnrning frMbm the General Asqenbly, fire dollars foi each day's attendance, and twenty*cents foi every mile of the ordinary route of tra*1 be twen the residence of the Member44th< capitol or other place of sitting 6f the Genera Assembly, both going. ahd returning; ani the same may. be increased or diriished by law, if circumstances -shall require ; but n< alteration shall be made tQ take effect during the existence of the General Assembly which sli 1l make such alteration. Sec. 27. Neither House, during the session of the General Assembly, shall, without the sonsent of the other, adjourn for more than three day, nor to any other ph'ace than that iq wl'ich he Assembly shall be, at the.Uime, 'sitting. Sec. 28. No_ person shall be el'gible to a seat in the G%neral Assembly whilst he holds any office of profit or trust under this State, the United States of America,or any of them, or under any other power, except officers in t,he mUitia, army or navy of this State, Mag istrates or Jastices of Inferior Courts, V1hile such -Justices receive no salaries; nor shall a'ny contractor of the army or nvy of this State, the United States.of America, or any of them, or .be agents of such contractor, be eligible to a seat in either Nouse. And if any Menbcr shall accept or exercise any of the said disqualif) ing officeq he shall vacate his seat. Sec. 29. If apy Election District shall ne glect to choose a member or members on the day of elcctio,,6r if any person chosen a membei of either House shA! refuse to quali fy and take his seat, or shall resign, die, de part the State, accept any disqualifying office, .or become otherwise 'isqualified t hold his 0e'at, a writ of election sh&l1 be issued by the President of the Senate or Speaker of the House of Rvpresentatives, as the case may be, for the purpose of filling the vacancy thereby occasioned, for th'e remainder of the term for which the person so refusing to qualify, re signing, dying, departing the State, or be coming disqualiied, was blected to serve, or the defaulting Election Diitrict ought to have chosen a member or metnbers. Sec. 30. And vrhereas the ministers of the Gospel are, by their profession, dedicated to the service of God and the cure of souls, and ought notto be diverted from the great duties of their functions; thetefor,.Ao airs ter of the Gospel or public preacher if an religious persuas,iohl, whilst he continues a the exercise of his pAst6ral functions, shall be eligible to the office of Go'vernor, Lieuten ant-(overnor, or to. a seat -in the Senate or Hlouse of Representatives. . ARTICLERII Sec. 1.. Thd Executive authority of this Statashall be vested in a Chief Magis trate, who shall be styled, The Governor of the State of Sonth Carolina. - Sec. 2. The- Gwernr~ shall be elected by the electors duly qualified to vote for the members of the House of .Representatives, and shall hold his office fo'' four years, and ~un til his succes'sor shall be chosen and, quali fied; but the same person. shall not be~ Gov ernor for two consecutive termse. Sec. 3. No person shall be eligibTe to the office of Governor, unless heghiatha attained the tge of thirty years, and hath been a ejti zen and resident of this State for the ten years next preceding the day of election. And no person shall hold:the office of Gover nor, and any other office or commissionr- civil or military, (exdept in the militia,) under this State or the United States, or any .of them, or any other power, at one and the same, time. Sec. 4 The returns of every election of Gov ernor shall be scaled up by the Managers of Elections in their respective Districts, and transmitted, by a messenger chosen by them, to the seat of Governmenti directed to the the Spcakcr of the (Iouse of Representatives, at the next .ensuing session of the General assembly, during tbe first. " eek of which ses sion t'he Speaker shall open and pub}ish them in the presence of both Houses -of 'the -Gene ral Assembly.- The person havingthe high est-number of fotes.shall be 0gvernor; but ii two or more shall be egnal and highest in votes, the General Assembyrshall, during the same session, in' the 'Iouse of R6presenta t'cs,'choose one of them'~Governor rica 'roce. Cntested eldctiorfs fer Governor s'hall be de termined by the General Assembly in such manner as shall be pres'cribed by law. Sec. 5. A Lieutenant-Governor shall bc chosen a the same time, in the same manner, continue in office for the same period, and be possessed of the same qualifications as the Governor, and shall ex offcio be President ol the Senate. ' *Sec. 0. Thg Lieutenant-Go.vernor, acting as president of the Senate, shall have no vote, u.ness the Senate he equally diVided. Sec.7T. The Senate shall choose a President pro tempore to act in the absence of the Lietu ten tT~ vernlor, or when he shall exercise the o of Governo.r. Exc. 8. A member of the Senate aor of the HI'use df Representatives. being chosen ani acting as Governor or Lieutenant-GoverumO call ther-eupon vacate-his seat, and anothei person shall be elected in his stead. Soc. 9. In case of the impeachment of the Governoir or his removal from office, death resignton,disqualification,disability or r.emo val from thc State, the Lieutenant-Gover,noi sa.,n grant any ititle of nobility, or lereditary dis tindtion, norcreate arz oce, de point nienftto *rhih shall yIMag tide than during good beftvior.. - See. 7. The tis bj in this State, and the libetrty ofru pre shall be f6rever inviolabtg apreserved. Sat the General -Aenbly shall baie-poir tode-7 teruine the nuprof personawb sha ncor stitute the juryin the Infrior and Distrias Cdurts. e6. 8. The fE ezerise iid enjoyment u. religiois professions and worhip, wihout dis. criminat6itr or preference, shall hi allowed,with in this State. to all mankind: P"vied, Thad the, liberty of conscience beieWy deciared. shal%o be so construed as tQ excuse acts O centiou ness, or justify. Prtae eoUssteDt dth d2 peace ad safety of b te. 'See. 9. The rights, prijOeges, lairutIeiaud. estates of ~otiteivil and religJis socleties, 4 of corporate.bodiesazl remai1 asif the Consti ttion of this Stato had not been sltered or - amened.. Sec. 10. The rights of p4mogenitare*a n be re-established, and there iall'nofai toto some legislative provision fortle e4qukable tribution of the estatel .'inteiates. See. 1-1. The slaves it- Carolialaing been emancipated by the action of .the United Stltes authorisies, neither slaverj;nor.mzolunk ry.servitnde, except as a punishment foi ciime; * whereof the party shall have beea dulycon ited . shalf ever be re-estabIlied in thia Stat. A&LICJaR'.. Sec. 1. The GenerI Ass'it w V nev taxs-ad upon nd,sall, 6tMtheies e,. pose a eapitation tax, which ghall not be 15 upon each poll than.one-fourg of the ad. upon each hundred dolla wortl~of th6 aseed - - value of the lanltliued; eabg e from the operation of isocheaptation tax-altau classes of persoisaisfrom disablJit.or otheidfel ought, in the judgmentof the Generul Assewbly~ tobe xeWpted. *-' / A~ TICLE XL - See. L, thybusiness of the Treasury skal bl conduhted $fj one Treasurer, wbh U a Nihk - offioe and i-esideit he seat-of Qae*alpat.~~. >.~** * See,. 2. The Secretaryf 8aWellal -l1u -~-~ office and reside at the seatotGoerahent. ' 'See. 1. X6 Convention-of the peoplehalJ* ; X *f calle, un ess by the coucenrence'oftWthidiis* .'4 tIb$ whole 'representatibn inee' hBse 4te- - . - General Assembly. - - . $ee. 2. No part of tidsCon tatin had be altered, un1! a bill to alter the.hate shlPhav been read, on three- seeral dagi, in 4he ITouse of Representatives, and on ihree severa$ ays in the Senate, andI agreed to, at tiie.second and third readings, by two thTrds of-the whole repre- Wi snttibn in each7Hbuse of the Gheg aI ly,a neither shall any alteration take teef.c aiL - ' bill, so agreed tog shall. be pupNhel4 forill*n months.pi'evious to a nelr election for anemti.erLs of clie Roiise of Representatives.; ah4d t.hetr~ feration proposeiY bjah ee * G sembly Jhall be agreed-tu, by new ssthy athJ firs esson, by-.he coathn.-~. rence of two thirds' of the whole-repreetatlir n - in each EHouse,. after the, same.shall haveabpd . read on three sevreral daysin each; then rnd not -." r otherR ise the pame shall beco:sie a part of tbh Co1stit.ution~. - .- - - one inm Covninsioutii .Sha-Na.ln,rm the-twe- -i - temnber, in the year of ourLord1Mnf thousand eig t hundred and sixty-We. D.~lCf L, - EDLvAtn , - / Clr fesieto ovno A,tteat. Jorns T. SLoAN * - Cler oftheConvention~ TuE COLORED Fae MJASOins.-T rn egn rrespondence reported adverisely 'to the recognition pf lodges working .under,i charter from~ thc.irand Lodge of. H#mnbu:g Th,ere are sever*i lodget of edidred..meg an ~ this cotuntry,.having g:ee pahid by.1' Grand Lodge of Hambtf which harel ge for same ti;pe endeavoring to obtairi i-cg tion by the grnn lodg'es.of the vadosStaites but without success. An effort iras' mnadei) - some of'the members of the.Grand. L Mge -e this State, to procure their recognitMbt -ba7 to d~J committee who Wild 1lumitl - - bri~b sab'iet before the. -bod.';e adversely adthe meanore.fiiled-.Mbis dU ces colored Masonsrpaeirly where ey1ivy* ever been-beyQnt hhe pale of l[aonie law * Masons cannot recogntie them as sue5 n any partialar, ndr have-Masodlic knowledge of . their e*istonce-, notwithstaniding.:tb tbhey are bound:by the --ame solemn-.i!gttions - and ties as are their white .brethrena. - Men are apt not to care. how theyjteop, so that what t'hey stoop for may 1* worth, the lifting. Throw ingots and jewelidtoaa-cess pooi, and what a crowd of the nicEstsud ev en. whtest hand folks wotqld scratable for the scattere4 treasure ! Think ->-dayaM-ipek.to-m