Historical Newspapers of South Carolina

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Notes on tle Constitution of the li iltcd nY D. B. 3i'(R3!i AnTICLF. an. NM 'son shl i oreh a 'not ha at w to tw "five years, and been seven years a citi "zen >f the United S. ates,.an,d who shall "not, when elected, bel iA itilhitant of ,%haL State in whie"WsMli be-ttnst.m There are three poinfH in thti4 %worthy of consideration. 1. Thq ag of the representative. This ,securea t ofice against novices. A man nust be a man for a' that which the positiont;e, quires of him. 2. Hfis citizenship. * A residence of seven years is supposed $q identify a citizen of the United States with the welfare of the States. 3. His habitation in the State electing hilh. Mark the distinction between "citize" and "inhabitant." The first enjoys the immunities, the privileges and the free dom of the whole Unin. But th;seo 9nd, in addition to all these, enjoys pe culiar rights in his native or ad6pted State ; rid by his State is meant that one in which the representative has, holds or keeps himself. So while the "citizen"may have the interosts of the whole Union at heart, the "inhabitant' -has particularly at heart the interests of his own State. There is evidently a marked distine tion sustained iii this clause between-a General Government and a State Gov. erninent. C.Ausy 3d. "Represnintatives and "direct taxes shall be apportioned uniong the several States which may "'oe included within this Union, accord ''ing to their respective numbers, which "shall be determined by ad iing to the '-whole number of free person.,includin "those bound to service for a term of --years. and excluding Iudian's not tax. "ed, three fifths of all other persons," As this cla'se is quito long, and the remaining portion of it specifies how, and upon what, such "apportionnient,C shall be based, only the substance will be given. The first enumeration was to be made three years after the first meetipg of Congress under this .Constitution, and "within every subsequent term of ten years." This is why the census is taken every decade. This clause also assigns each State its quota of representation for those first three years. Our forefathers in framing a Constitu. tion were particular to make representa tion and taxation proportional. One of the stern charges in the imiiurt'al ecla. ration was "for imposing taxes on. us without our consent." Observe the classes of persons em braced in the enumeration. "All free persons," all persons "bound to service for a term of years, and "three fifths of all other persons." Te only excluded clase being untaxed indians. This clause of our Constitution presents a strange anomaly. Do not forget, that four mont/- woro taken up in beilding up that grand old charter of liberty.' And no part of it shows more plamnly the antagonistic principles at play in its formation than this clause taken in con neetion with another subseqIuent one which will he noticed in proper order Helre is a body of wise men who had scaroely recovered from the effects of the scorching flames of wvar, and that war.fought upon the principle of f.ill and equal rights to every man represe'n tated in Government. "No represe'nta tion, no taxation," was the .war.cry. Should not the rule work both ways ? "No teaxation, no representation." But hero three-fourthis of two classes are represented in Government, and yet nto direct demands are made upon them for its support. Bid as will appear ?n the sequel, this .sLfAipgd featr* was a em promise between Wje qdvocates and the opponents of slavery.' But it is in this clause that we gathier the i:6)orL of the rights of *citikeriabip. Only tlhose, embraced in the first .class are citiwenis, ?hat Is &ll "free persons." It is here too that we fmnd how glar ingly unoonstit;utional the Civil Riqhte Bill in~ on, of its roat,ta. Tha Bil wlich is now a liaw so fr as the Legisa. make i states person I n the etod &not 0ub o n ig ow uding ln~ no ar er d red ti lei United States." Muld tl'e R;tdicajsof ~one to wori fi-it t& I ________ __ ___ tti-9- - tA this third clat of ts e t rjitle,nd niorgoj hir aiu9fd Pumt. the- dechk raop,., e,A had that alveindrent biunrdtifid Iyyna constitu. tiona'nia,int1ty dWtlre' ates, then the' Wayikuld bl 6 bWen_ cear for le reepd 1 s 9Y4, ill the Civil Rights .1)i1l; But it docs not suit -tht p(xrpcces 'of the Radienii to govFii constittitionalry. Ultt. pro rosive, raingant,.and fanatic, they chate .riud fret, punde the Jbit of C.onstilional conserv ittism. I U tj ,Tu.. "Whei:vacancies hap "pelk io. the LIepresentdtion from anv "State,tip Exeotitive Anthority ther. "of shall iteue writs of election to fill "vIaancies." It will boobserved that in this clafise there is both -A "power" dek-gated to the United Stat < and a ."right" reserv ed by each particular State. The power given to t.he General GovarntMent is the order of 'the Execu. tive of a State to have fl!ed any vacal cy accord1g to its own organie laws. CA-,.tusim 5-ri. "The Honse of Repre. "seitltives!ishall choose their Speaker "4and1l other oflicers,; and .shall have the "sole power of impeachment." This olauise gives the House of Rep. resentatives the hrmless power of per rect.ing its owin orgainizatioin. But there i another powler grpnted .,that body in it,.,which can be wielded to the detri. ment of good -govArnmeAt; -if the majori ty be men giverned by asion and pro judiee, ratlher tIan by eason. Even now ter .are indications of mal-goverit mIent under the provision of this very vlaue. W hat was faintly whiApered in those Halls once, is nor (April 16,) boldly and itr 'npulon'. threatened by al inflitated delegotion. and that is the iupipeliment of Pre4ident Johnson. Si.criox 3. Clauso Ist. "The Sente "Of the Vnitel States shall be composed "of two Senatori from each State, chos. "en by the Legislature thereof, for six "years ; aid,, ea;h .Senator shall have 'one votp." This' clause cast the Senate of the United States, assigns to each State its gqiota of Senators. flor what time, and lastly what shall he the weight of every Senator in Voting. In the old Uniol under the articles of. ,!onfeder-ition each State miht have t wo or as manyI as- seven delegates in Cog)ess, but altoether had but one vote.lt e Seikate io howe'ver, al though but : wo Seiitors from each St4te is adllitted, yet each one has a vote. While W-e have a reguarly appor. tioned representation of thm popular Sovereignty iii the House of Reprosen tives, we have in the Senate a clearly defiaued representation of' State Sove r Lignty. And these distinctions are kept "p rpiegh the wvhole Constitution. B'ut;a flttig occasion will present it selfr elsewhere to'disenes these points. diore ekperience, ino'r&la1domn more Elti( rhiation are 'ne6deF1;~i d t,e benato thtn in the flohuse, lence'$onators are continued in office, si. -years. They as the gue.rdians of State hovereignty pr. vent:eidroachmeiit uimon it by thio Rep. pesenWti,ys who are. the. guardians of lioputlar sove'-eignty,-and vice verae. And both,.tokether form one of the thiree great guardians~ of United Sovdreignty, the ot'hers being th Executive anfl the J.ndiciary. ~ Sir" Isaac Tewton 's .sephew was a clergymatn. gn~q he had Rerformed the marniage cereqouy he always re.fieed thn fee, saying:. 'Go your ways, poor wretches, I hasve done yog niimblof enough alreg1y,". The prin,ter is thie rigster ofa)l tra 1ps. He beats 'the egrpentkr w.,ti.tb his r,4o; a~d the mason in setting up columsi.; he surp,asy tl;9 Jeaw.yerm initending. to mat)nemei or hocdepfl... SWINSBORO, rogy- r110ng, April 6, 1866. P,~ Sit~, DERs. i the e dr this paper-in ( e esto1j, Read the beautiful!'nes sent us by a fri'd who hits before livbred "us with Wkfbtions to grace our columns. The sword was appealed to, to decide the question, and by the decision of the sword 1. am willing to abide. .14mon Hon, A. . Stephens testintony before the laconslruction Comittee. the President's speeh which we pub. lish to day is very unpalatable to the Republican majority of Congress. It is a direet appeal from the judgment of Congress to the people, and it places his poliey in a strong light. 4hore is the Chester-Standard? We miss te 8tand(ardit among our exchanges. Why? Treason Against the United States used to be dAnned by the Constit ution, but now it is doinned by thw hot-headed Radicals in Congress. The Day of Sorrow. To dayI has been set apart, and will be duly observed in many places, as tIhe alnivor-ary of the Confederate Dead. What a flood of solemn associationis overwhelm our hearts The Civil Rights Low Nullified. Attorney-General WAT.ACE, of Ten. nessee, emplhatically declares that he will neither obey nor respect a.law so palpably violative of the rights of each State to legislate on all subjects of a State character. A Nut for the School Boys jnlod Girls. The amateurs in syntax may criticise and correct tie following sentence which comes from a Western paper "A cow was struck by lightning and killed, beloniging to tie village physi cian, who had a beautiful calf four days Old." The Pence Proclaniation-Its true Inter. prelation. It is dilficult, to arrive at trath in this fast age. We are told that the ProL mation eat s thi, and means that. But if it be true that., as reported now, Judge UNDEnwOOD's decision has been referred to Gov,ornment, and its dei. ,iion has been given as reported,' then there can be no doubt that where r the rebellion is declared to be over, there the writ ofhabeas corpus is no long. er auspended. It Is Impossible. The Raleigh 8tandard advises the South "to be patient-to stand by the President. and-to look to the Congress withi respect and confidence." Our contenmporary's advice in regard to the President meets with a hearty re. sponso from the wvholo South ; but as for looking to Congress with respect . and confidence we assure it that such is im. possible. That body which has tram piled rough-shod over the Constitution and which tmesuros the constitutionali t.y of all its acts by its ahility to pass them in spite of truth, . justice and the Constitution--to look with respect and contidence to .tht fragment of the Uit.ed States Congress. assuming toa be the Cotigress of the .whole United States ! Never. But we ill tell you where we will look te with, respect and confidence, broJiet' Stanzdard. It is to the balloL-box of' the North. We have no confidonce in a Copgress that assumes to have the will of two-thirds of its mem. bors for a Constitution. In Important Decision. A case of considerable importance to bankers and dealers in Government se. enirities has been decided by the Treasu. ry De artmient. Tho case is as followsa: The 'Iradera' -National flank of Chica. go some teonths qgo purchased from another .bainking institution.a *1.000 Ten-Forty l>pnd, which was sent to Washiingtonwith othner bonds, as a basis for circulatin; buht nn its arrival there for which at caratlt Iii- lien fil. by the person from whorn it had been stolen, oi tip ground that iis stolen property he I wase'tiled to it wverevei fomal. Thi c#A ha4 eii under advizemnt, several mn anths, nd has at List hootn decided in favor of the Traders' Bank by the Government passing t he bolld to the credit of that iist.itiiction, am0 itil isu d a registered bond therolor. This dei sion nitkes th(e dvaliig in Governineit Seenritiesa mueh saetr buisiness, as iL A fords protection to innocent, paIrlies Now we would hke to know who ii the more "innocein" party, the Tradeis' Bank which buyi tho stolen bond, or the pany in Ohio who had tOw bond stolen front himin. What is the u.e or the force of a car(at, if tie niadvanitages accruing to its filer serves no more Imr. pose than the above case shows ? We exract the following from = Washington correspondeiev of the A. gustal Constilution<dizi judge Way: v, o)f the Sueiorm rt is now otn his way to ho(ll courts in Sm)Ilthl Carolina and Georgia. This is alenhi ted to have a goal clect, nil wvould Seem to iniply Ilat the Slurone Court were* lis.-;posed to give full (elect , tle President's proclation ol'ce The evidence which ie Wir Depirt i1MLt live in tiwir lhnhis concen11inl.r H1on. Jv11'k-rxon Davis' complicity w%ilI the assassinaion is being exaiinid by a coMImitive of' Congkes. I havo i n id,a that. Lher is anyi" tstim(Pnv to 1 his efTect. Blit wheni a cl i: u:nde fir a particuilar kind of vvinco, :tilvhiInc1i 1 t par. ties fiiuishing .NpIeCt. to ieap prolil i: i4 very upt. to be Fort.hcoming. Th,. indi. cations ar, however, that. M. Davis will be tried for trvasonl, at, :a coipara tively early dy, l>fori br tn d Uniw'd States Circit. Court, at Richmond. 'Thi, trini will be one oftie celebrated causes of history. [ion 'in a Nuws.]j Dead List of ('OMpANy 11," 7th . V. Battalio n , (Col. J. 'I Riion's oNd Cinpany.) COMsIMs rlo E ) OrFicul:a,. Capt . L Keniv:y--D Licit 11l laboll-D W . 1i"t Klnledy-f) W "6 - --Doughta.4---D WV NON-COMtiSSoNii) oFFieIAS. 211 Scrgl 8 11 D>uke-D th OC'E Gadidil D... PRir.Urns. Abbott, D-K 111loy. AA-_D llail', J .\ A ) -- h ui-ADiD ;% Barker, T Mv-1) il'ovc.ilvv. 1- 1) Bliz.z1rd. E J--- K'4 K IIIai1, 0 1,-) x C-I) !loe3.y, T J---D j.V%:o1. W-I) irowu, W C-1) V J Castles. C : -0D Pry - Christinas, T i--K i - -1.) %. Cor!i, J. :.I- D rl0, fE - 'to n,( , JrI'.-tph.. ---_ Co.b.y. N---! W RS . A--K Crosby, R-D W T.oyeiii C.-K Ea11stor., E--) ISlllsl, 1D 1 E-4tes, W-D.S Fanyi. 3 J-D . t-t liar-rison, J1 E--.I. 11h uas v - IIarvey. W. A-K l'ripp, A.-K fingood, G W-K Waits, A--D IV l6agood, .1-1) IV Wilsoli, J-D) 00dl, j . I") Current r of Evr --- TI;o Su'Ao 'ui- lini e, I.I. A) --- aio tonon D The Garisons h ta.eirui, d ---D Yorkilte Unin, ison.., J----DsviIe Llood,s J .-- uennul 9nas w ''i isarprti'( lre0 EMilit )p. tuni Gogia hs appotpratedi $20o be bro ar and e-ego hera ares'n reg.tess inoth adrder TCe C.u Clain ian,wby F.r n. teon laie, iT publised bwothtin Conbiasand char. alThe porrisouts havto bUnic removes.o YokiE'clleUi on, Kigsree aieintsile, Lurenil, Car uen andh Lancs erTerei iareortn toa Jude Sbliary' Detarte, 21,0 egres choave risepote In the~ CTho entw Olnos. fNe Yr ciy lar ig is burbc,aime at458,38. flk Va,ia nuer8ence8 ofrte ativriot and murde03 rs. ooge-..durain tero ompanry tox nte legraphre bre 20370( Exceshu, 119,97 Ormarriv27,n049 Eumbia,Stud at,8, whereI~ he20 willtrem, forsevra wiks. TE 4"G A P11 IC Terr!ble Explosion. Nt:w Yon, A pril 25.--Tlv. steain "1A.rizonia," fron Aspinwalil, la's arrivel. Sho brings 8420,000 in ipecio. A terrible disaster occurred lt Aspin. will on the 3d. There was a fearf,, (xploson mn hoard the steamship "Eit rop-an," d-stroying the ship nd fou IIndred feet of WIarf. The cause is siippom,ed to be from Nitrogdycerin! o11 board. Abotit fifty persons wen- killed, amion"g IIthem the captain and officers of Teli ntews from the southern coast, by the ".\ rizona," gives little hope of the s-edy Ittleent of the Peruvian, iiian and Spa'hi,l (Iestion. No :i tempt AIs been made by the Spana aiDIto t ake posesionl of Chinlc.as. Congre."iOurd. WVASI rIoTO, A pril 20.-Si-xr. The senati passed tho bill amendatory of thr. /leu111s corpts act. This grantits immniit.y to army oflicers fo'r acts corn Imitted in aid of the suppression of the rebellion, ind vxempts them from li)ili y Io ci vil courIs Ior such acts. DuirinDig the disculi$Sion of the above bill, Mr. S;misbur,y remarked that. if he were j i2e he would pay no attentiol to i!, bievin-g it to be iuconsittiltional, which IeI to som sharp personial languiage be Swenii that. sonator atnd Mr. Clark, who said, in the course of his remark4, tha sin1ce lie sI pirit, of lie rebtIlton l id crepit ini the venate there was more necezsity for the passag. of the bill. The persaul discutssion was of some length. I tst:.-Tlie house was engaged in tIh hirther consideration of tile arity pt:.xe est abiliAlititent bill. Futrher froi llexico. N:v Yoimt, A pril 20.- Passengtrs who lift Sim Francisco on the 30th unhi inn, give further pairticulars of the colli sion hwween the Liberials and French at Mlaa;tlant. The P"rew-h troops marcheid ont of tIe City to give tie Liberas -battle. The i.lihing wnas vi-ry sevvr(!--n,ris oners bvinlg takenl onl 0it.her side. Ofli. cers ill conditimml of the French wer(y k:il-d. Tle lait :idvices froIl the Seat of wa-, r Ita e int reinforcements were en route for Ie e French itt IMazatlan. The military svituat ion at Acapulco re imainm linnchan"!d. The U. S. ginboat Siranie was lying in the harbor oni the 6th instant. Fromn Canada. TotnXTo. A pril 20.-The Fenian pri'onprs at Cornwall wem remanded till Wednesday week, awaiting important eviudene A special dispatch to tihe Globe from Plasi port, MP., says that Gen. Meade atOnnouiIces his dotermination to line the coast wit hI fifty thousand men, if Ieces sar) , to prev'ent. the Fonians from doing mnischief. The meeting of parliament is post potned until June. The Receipts of Revenne, WVastiIIoToN, April 20.-The re eei pts from customs, internal revenue and moiscellaneouis sources for the present fiscal year will be over five hundred millionas dollars, or nearly one hundred and useventy-ono nmillions and a' half more thtan those of the previous year. Wonit TRYINo.- It is said that hiog's lird is the best thing to give to hienit to make thenm lay. Mix it with~ their feed-a small piece as .big as a walniut will set a hen to laying imamedi ately aifter shte has been broken,ntp fronm her seotting--..and thuis hens lay through lihe wvhole winter. Will so-me try the experiment, and then repiort the samne. * f[American Ihrmer. CoNTErTo.--I never loveil those Salanmatnders titat are never well hns when they are in the fire ofeontentio. I will rather sufhr a thousand wrongs titan return one; I will sunfer many ere I will eQmplaiin of otne. and endleavor to, right it by contendling. I have ever found that to strive with my superior 1.4 futile'; with my eqnal, doubt ful; with my inferior, sordid and base; with at,v, full of tnnnitnoa...- .an.p IIul.