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Desportes Wiliams & Co., Proprietors.] A Family Paper, Devoted to Science, Art, Inquiry, rrdustry and Literature [Terms---$3.00 per Annum, In Advance. VOL.11.] WINNSBORO, S. C., WEDNESDAY MORNING, FEBRUARY 19, 1868. [NO.35 TIl 4FAIRFIELD HERALD 18 PUi.IinED 1w WEEKLY nY PESPORTE18, W1IMAMIS & .0. Terts.-T'it llin IA is publisheed Week )y in thu rown of winnsbor9, at $3.00 in Vareably in wlvanc!. prX All transiot. advortisentnnis to be Paid in advance. Obituary Notices and Tributes $1.00 per square. Selected Poetry, ;fRIP LIGHTLY. Trip lightly over trouble, Trip lightly over wrong, Wc only mako griefdoublo By dwelling on it long. Why clasp woo's h.nd so tightly ? Why sigh 'er blossoms dead ? Why cling to forms unsightly ? Why not sok joy instead ? Trip lightly over sorrow, Though all the day be day, The sutil may shine to-morrow, A nd gaily sing Ihe lark ; Fair hopes have not departed, 'I hoigh roses tunay have fled; Tien tiever be down-hearted, But look for joy instead. Trip lightly over sadness, StIam 1 not to rail at doom: We've pearls to string of glatiness, On this side or the tomb: Whilst. stars tire tiight 13 shining, And the Heaven is overhead, Fnicoumge not. ropinring. But look for jay'instend. CIVIL GOVULNNMENT. A DECLARATION OF RIGHTS, RE MARKAULE DOCUM10NT. We, the peol)e- of the State of South Carolina, in Convention assom bled, Grateful to Almighty God for this opportuinity, deliberately and peacefully, of -nteritng into an explio it and soletan compact with each other,, and forminimg a new constitution of civ. il government for ourselves and pos terity, recognizing the necessity of the proteetion of the body politic in all that portains to their freedom, safety and tranquility, and imploring the direction of tho- Groat Logislator of the universe, do agree upon, ordain and establish tia following DECLARATION OF RIGHITS AND FOR31 oF GOVERNDMENT AS TIE C9NsTITUTION OF TIE COM-*IoNWEALrIl OF SOUTH CAROLINA. ARTICLE I. DECLARATION OF RIIITS. SEC. 1. All men are born free and equal-ondowed by their Creator with certain inalienable rights, among Wwkich may be reckoned the right of enjoying and defending their lives nhd liberties, acquiring, possessing and protecting property, and socking and obtaining their safety and happiness. SEC,2. Slavery shall not exist in this State, nor involuntary servitude, otherwise than for tle punishment of crime, whereof the party shall have been duly convicted. SEC. 3. All political poWer is vested in and derived from the people only : therefore they have the right at all times, to modify their form of govern mont in such manner as they may doomn expedient, when the publio good demands. Sac. 4. Every citizen of this State owes paramount allegiance to the Constitution and the Government of the U~nitedl States, and noe lawv or ordi nance of this Stato in contravention or subversion thereof can have any binding force. Sac. 5. This State sh all ever remair a member of the American Union, and all attempts, from whatever source, or upon whatever protcxt, to dissolve salid Union, ought to be re sisted with the whole power of the State. S~;q6. he - right of the people, porcably to assemble to consult for the common good, and to petition the government, or any department there of, shall never be abridged. Sac. 7. All persons resident in this Stats/.Qn in the United States, or who have boon naturalized, and shall have legally becomo citizens of the United States, are hereby declared *citizens of South Carolina, possessing equal and political rights and public privileges as hioreinafter declared by * this constitution. S,~o. 8. All persons may freely speak, \vrto and puiblish their sonti ituents on any subject being responsi ble for the abuse of tliatright; and no laws shatil be enacted to* restrain'ot -.abridtge the Ubherty of speech er of the press. SEc. 9. In proseeutionB far' the pub lication of papers investigating the pilioial conduct of ofticoe or i:oniin *public capacity, or when tho matter p.$ ublished is proper for publiolinforma * ion, the truth thereof mnay be given in evdnce ;. and that in all indiotmonts for libel, tije jury shall htavo the right to determine the law and the: facts uin d~er the direction Qf the qou1rt4 Sac. 10. No person shall'b de priv ed1 of the rightt to worshi1 G'6d ltecord ing to the dictates of .is ,onn science ; Provided, That the liberty of consocionoi hereb~y declarved shall piot justify practice moconsisten~t with the- peace and moral safety o sovoiety. Sru. 11. No form of religion shall be established by law ; but it shall bo the duty of the legislaturo to pass suitablo laws to protect every religi ous denomination in the peaceablo en joyinnt of its own mode of worship,. Snc. 12. The right of trial by jury shall remain inviolato. Sie. 13. No person shall be dia quafiliod as a witness or prevented' from acquiring, holding and transmit ting property, or be liable to any oth er punishment for any other offence, or bo h-i-derced in acquiring educeation, or be subjected in law to any re straints or disqualifications in regard to any personal rights than such as are laid upon others under like circnm stances, Se. 14. No person shall be held to answer for any crime or offence until the same is fully, fairly, plainly, sub stantially and formerly described to him ; or be- compelled to accuse oi furnish evidence against himself ; and every person shall have a right to pro due all proof that may be favorable to him, to meet the witnesses against him face to face, to have a speedy.and pu'blic trial by an iinpartinf' jury, and to be fully heard in his defence of himslf or by his counsel, as he may elect *. Sec. 15: No person shall be arrest ed, imprisoned, despoiled or dispos. sessc'd of his, property, immunities or privileges, put out of the protection of law, ciled or deprived of his life, liberty or estate, but by the judgment of his peers or the law of the land. And the legislature shall not enact any law that shall subject any person to punishment without trial by jury ; nor shall he be punished but by vir tue of a law already established, or promulgated prior to the offence, and legally applied. Suc. 16. All courts shall be open, and every person, for any injury that he may receive in his land, goods, person or reputation, shall have reme dy by due course of law and justice administered without necessary de lay. Sc. 17. All person: shalf, before conviction, be bailable by sufficient sureties, except for capital offences, when the proof is evident or the pre sum ption great; and excessive bail shall not, in any easo. be required, nor corporeal punishment inflicted. Sr.c 18. The privilege of the writ of habcas corpus shall not be suspend ed, except in case of insurrection, rebellion or invasion, the public safe ty may require it. Sac. 19. No person, after having been once acquitted by a jury, can be again, for the same offence, put in jeopardy of his life or liberty. Sac. 20. No person shall be pro coeded against criminally, by infor mation for any indiotable offence ex cept in cases arising in the land and naval service, or in the militia when in actualservice in the time of war or public danger, or by leave of the court, for oppression or misdemeanor in office. Sac. 21. No person shall be impris. oned for debt, except in cases of fraud ; and a reasonable amount of property, as a homestead, shall be exempted fron scizure or sale for the payment of any debts or liabilities, except for taxes, that may be con tracted after tho. adoption of this constitution. Bac. 22. N'o bill of attainder, 0% poJst]1ett; law, nor any law impairing thme obligation of contracts, shall ever be enacted; and no conviction shall work corruptionk of blood oc forfeiture of estate. Sac. 23. Treason against the Statd' shall consist in levying war against thme same, or in adhering to. its one mies, giving themn aid and comfort. No pcrson shall be convioted of trea son unless on the' testimony of two witnesses to the same overt act, or on confession in op>en court. Sac. 24. All persons have a right to be secure from reasonable seareh. es or seisures of'itreir persons, houses, papers or possessions. All warrants, therefore, are contrary to' this right, if the cause or fondation of them be not previously supported by affirma tioni or oath, and, if the order, in the 'warrant, to a oivil officer, to make search in suspected places, or to ara rest one or more,. suspected . per'sons, or to asfr~o their property, be not accompanied with a special designa tion of' the persons or objects of search, arrest or selizro ; anid no wanant shall be issued but in cases anid with the for malities preseribed by laws. Sac. 25. Private property s1b11. not be taken or applied for purbife use-,,or for the use, of corporations,' other than maunpal or for private use, without the consent of the owner and a just compensation being mtado trietofee;: Provided, hiowever, that laws may be made sonrig to porsons or eqrpora tidas the y1ghtpof way, over the . 1 ands 9tete,OIr on or ggrpargtions, aiyl for gor ofl .nm 'wprvement the ownwerer.4~ Sa.26. Thipe rl asuo the laws,'or the stenut ion of' the laws, oug nioVpr to be .Meroledab4i; h fegislature, or bymlghoriy deriveilaroi it; to be exercised mn ouch particular canea only as the i*'ialature 'nhall ex. pressly provide for. Svo. 27. No person shall, inl any case, be subject to martial law, or to any pall i or penahies by virtuo of that law, except dhose employed in the army or navy, and except the militia in actual serviee-, but by authority of the legisia ture. Sno. 28. In the government of this common wealth the legislative depart mont sliall never exercise the executive andjudicial powers, or either of them ; the executive shall never exercise the legislative ar-d judicia! powers, or either d them ; the judicial shall never exer cise the legislative and executive pow. ers, or either of tliem, to the end of it may be a government of laws and not of men. Sho. 29. The legislaturo- ought fre quontly to assemble for the redress of griovances-for correcting, strengthen ing and confirming the laws, and for making now laws as the common good may require.. Sio. 30. The people fiave a right to keep and bear arms for the common de fence. As in times of peace, armies are dangerous to liberty ; they ought not to be maintained without the consent of the legislature. The milita'ry power shall always be held' in an exact subor. dination to the civil authority,. and be governed by it. Sno. 31. In time of pence no soldier ought to be quartered in any house with. out thio consent of the owner ; and in time of war, such qunarters ought, nlot to ;e made but in a man-ner prescribed by ht W. Si.c. 32. No person who conscien tiously scruples to bear arms shall be coin)elled to do so, but he may pay an equivalent for personal services. Sm. 33. All elections shall be free and open, and every inhabitant of this coinmonwealth possessing the qualifica tions provided for in the constitution, shall have an equal right to elect officers and be elected for public employment. Smo. 34. No property qualification shall be necessary for in election to or the holding of any office, and no office shall- be created. the appointment to which shall be for a longer time than good .behavior. After the adoption of this constitutlon, any person who shall fight. a duel, or senud or accept a chal. longe for that purpose, or- be an a:der or abetter in fighting a duel, shall, be de prived of holding any offie ot honor or trust in this State, and shall be other wise punished as the law shall pro vide. Sxo 35. The right of suffrage shall be protected by laws regulating elec. tionus, and prohibiting, under adegnato penalties. nil undue influences from power, brit)ery, tumult, or improper con duct. Spc. 30. Representation shall be ap. portioned according to population, and no person in this Scate eball be disiran chised or deprived of any of the rights or privileges now enjoyed, except by the law of the land or the judgment of his peers. Si,:o. 37. Temporary absence from the State shall not forfeit a residence once obtained. SEC. 38. All property sulbject to- tax ation ought to be taxed inl proportion to its value. Each individual of socity has a right to be protected in the enjoy ment of life, property, and liberty, ac cording to standing laiws. He should', thereiore, contribute his share to the expense of protection, and give his per sonal service when niecesary. SEU. 89. No siub~sidy, charge, impost tax or duties ought to be established, fixed, laid or levied, under ainy pretext whatsoever, without the consent of ihe people or their representatives lawfully assembled. Sso. 40. Exces,'ive tines shall not be imposed, nor cruel or uniusual punish ment inflicted, nor shall witnesses be un reasonably detained. SPo. 41. No tithe of nobility or dis tinction, or hereditary emolument shall over be granted in this State. Siso. 42. Atl navigable waters shall remain forever publio highways, free to the citizens of the Unitea States, with out tax, impost, or toll imposed ;and no tax, toll or impost, or wharfagpo shall be, inmposeml, demsanded or received from the owners ot any merchandise or commodi ty, for the use of the shores, or any wharf erected on the shores, or in or over the waters of any navigable stream, un less the same be exprtessly authorized by the Liegislature. Sjo. 41. The esumuieratir of rights in this constitution shall not be constru od to impair or deny otherrs tetained, by the people, and all powers heremn. dele gated~ femnain wii lithe j1eople. ARTi'OLR --. UUntCItAb DnPAUIrN'F. f6te-1 TkPaiosilatpoweurofthl)s1te-shuall be' vested in a Supreme tjourt, and in two Circuit Courts, to wit : A Court of Commin.a Pleas, haiving elvil jurisdietion, anod a Ceurt of General SessIons with'er'imunalju. rtedelonr di4f, Ia Dtnttlet and Probto Cour't, and la Justices Qf the. lst@.' oVi General Assembly magg*iso .estdllsh' sulh msunlpal and other aferior og~ts a's may be deemed necessary. Se- 2 The Stvpremne Court shalf cotsist of three judges, ti~d ef rhomt a1ll obnsti tute a quorum ik g idV Ge~o $ by.a joint vote of the o~flral Aqeab for the term of eix years, andi shN U' tont* ' ote until thj. isgoar 'shall be elected and qualiffed.., Suo 8 They shall1sgeleaoised gn of thejudes shpll oubot cP idry two years IM t MiaS short. est term t oi~dt~t Willoation shall b ef U dtt~ o during hi. term of offoe, andi so on in rotation, 8Su' 4 The Genra& Assemably, imm. di(ely after said election, shall determine I by lot which of the three judges shall servo I for the term of two years, which for the 1 torm'pf four y4ars and which for the terr of six years; and havingso dotermined the i same, it shall be'the duty of the Governor I to Cinmission thon accordingly. SRO 6 The Supreme Court, shall have appelate Jurisdiction only in cases of chain oory, A'd sfiall constituto'tiho court for tfhe correction of errors at law, under such re gulations as the General Assembly may by I law prescribe : Provided, Tho said court shall always have power to issue writs of i injttnctioir, mandamus, guo' tetwanto, habear I corpus, and such other original and reme- I dial writs as may be necessa.my to give it ai general supervisory control over all other courts in the State. SO 0 Tihe Supreme Court shall be held at least once in eoch year, at the seat, of i governmren!, and a :uoh' other piaco or j places in tho Stato as the eneral Asstinbly I may direqt. Sx 7 No fuilge shall preside on tfio'trial I of any cause In the event of which ie may I be interested, or where either of the parties shall be connected with him by affluity or consanguinity, within.such degpoes- as may he may be prescribed by law, or i which ho may have been counsel, or have presided in any inferior court, except by consent of all parties. In case all or any of the Tudges of I the Supreme Vourt shall be t' u . lisquali'fd I ed from preslkiing on any cas a causes, the court or the judges thereof jsn'l certify the same to the Governor of the state, and 4 ho shall immediatoly commission, spoolally, the requisito numbeo' of mon of law knowl- < ed'go for the trial and determination thereof. The same courso shall be pursue.Iin Che cir cuit and inferior courts as - prescribed In this section for cases of the Supreue Court. SsO 8 There shall be appointed by the Judges of the Supreme Court a reporter J and a olerk of said court, who shall hil4 their offlicos two years, and whose duties 1 and compensation shall be preseril6t by law. SO 9 The Judges of the Supreme Court shall give their opinion upon important, questions of constitutional law, and upon solemn occasions when required by tihe Governor, the Senato or the House of RIep. resentatives ; and all such opinions shall ha published in connection with the reported decisions of said court. Sxo 10 When ajudgmentor decree is to versed or affirmed by the Supreme Coufrt, every point made-and distinctly stated in writing in the cause, and fairly arising upon the record of tihe case, shall be consideo,. and deci'od; and the reasons- thoreor'shalil be concisely and briefly statedO in writing, and pro6orved with the records of (lie c*e. 8xo 11 The Judges of the Supreme Court and tihe Circuit Courts shall, at stated times, receive a compensation for thdir ser vices, to be fixed ny law, which shall not be diminished during their continuaneo in office. They shall not be allowed any foes or porquisities of office, nor hold any otfier office of trust or profit utinder this 8tat, the United States, or any other power. So 12 N- person- shall. boe ligi blrot,he offito of Judge of the Supratue- Court or Circuit Courts who is not at the time of his election a citizen of the United States, and has not attained the age of thirty years, and been a resident of this State for five years next preceding his eleation, or from the adoptioh of this constitution, Smo 13 All vacancies in the Supreme Court or other inferior tribunals shall be filled by election; Provided, That. if- (he un expired term does not exceed ono year, such vacancy may be filled by Executive appoint ment. All Judges, by virtue of their offico, shall be conservitora of the peaco through. out the Stato. SRo 14 In all cases decided by the Su. prene Court, a concurrence of two of the Judges shall be necessary to a decision. 8&o 15 The 8tato shall b.u divided into convenion. 'ircuits, and for each circuit a judge shall be elected by the qualalied elec. tors thereof, who shall hold his office for a term of four years, and during his contin. unnoo in office lie shall reside in the circuit of which lie is judge. SRo 16 Judges of the Circuit Courts shall interchange circuits with e.ach other in such manner ai may be dotermined by law. 850'17 The Courts of O'ommnon Pleas shnmimhave exclusivejrisdict ion ini all'cases of divorce, and exclusivo original jurihlio. tion in all civil eases an~d actions ex deliclo, which shall not be cognizable before Justi ces of the Peace, and appellate jurisadiclion in all sucoh oases at may be provided by law. They shall have power to issue writs of mandamus, prohibition, acire facias., aiid all other writs which may be necessary for I carrying their powers fully into eticoet. I Srac 18 The Court of fiommiibu iMons shall'' sit in eh Judicial District, in thisa Stats at least, twice in every year. at. such stated times and places as may be appointed by< law. It, shall have full jurisdict ion in all matters of equity, bt the courts hal'totlne established for that purpose shall continue as now organtzed until (lie first day of Jan-1 ary, one thousand eight hundred and sixty.. nine, for the disposition of causes now pending therein. 8xo 19 The General Assembly shall pro vide by law for the liecservaion of tihe re cords of the Courts ot' Equity, and also for the transfer to the Court of Common Pleas and Probate Courts for final decision of all causes that may remain undetermnined. Sac 20 The Court of General . Sessions shall have excltusive j urisdictioh- overi a#l erimninal oases whi~h s hall not be otherwise p rovided fo.t by law. It shall sit, in each Jud iciali Distrot in the S tatc at least; three timnes in each year, at such stateil tiee and, places as the General Assembly mmiay direcr, Suo 21 The qualit'od' electors of eefch judicial distriot ashall-elect three persons for the term of two years, swh'o shall constitute a District Oourt, which' shall havo full juris diot ion ever roadser .htghways, fleriet, bridges, and in all matters- i'lating to ta; es4. disburfemes of money for distri'ot ptur peos, and ini eoo'y other- din.so thaO may bo necessary to ther ihternal improvement and local corroenr of tiho' r'espectivo .dis trict. MiO 22. A (otln (f frobiate'uliaa beo es'. fablished' in each judipial district, with jotjadiatiott in all'mattets testamientory~ andt of adlmitgetration, in business appertaining to malzrpand t65e allotment, of 4lowev in' Qasoefo ididloy, bad, Lwaoy and sofsdny non edsoa met The jge of saf oout4 shall be eleoted ty the quaiiIei el0oo!6 the* reapperiyedistidte for the terms of:t'Mo ~he n4Iso bjtraii4 eE l~~ of, Ma 1uelt aerM s bs Genietet Aismbhyi may diret ; they shall bold their aflo., fog a term of twoyrt, an~d until their s ldet. 6ors ar5e eted and qualid.d They shall reside kn the distuies, oltg euJeat, foe whk. J hoy are elected, and the Justices of the1' Peace shall be commissioned by the Gover tor. Sac. 24 Justices of the Pence, Individu dLiy, or two or more of them jointly, as the Joneral Assembly may direct, siliall have wiginal juriidiot ion in cases of bastardy. Lad Iin all stitet s of contract, and actions 'or the recovery of fines and forfeituros whore the amount claimed does not. exceed me hundred dollars, and such jurisdiction is may boeprovided:by law in actions ex delic u, whore the daiages claimed does not ixceed one hundred dollars ;: and prosecit. ions for assault. and battery andi other >enal ofences less than felony, punishable )y fines only. Svc 25 They may also sit as examining :ourts, and commit, discharge. or rooognize lorsons charged with offonces not capital, ubject to such regulations as the General insembly may provido;. they shall also tavo power to bind over to keep (he peace, or forgood' behavior. For the foregoing iurposes they shall have power to issuo all icoessary process. Suo 26 Every action ooguiablo bcforo [ustlcs of the Peace, instituted by sun nons or warrant, shall le brought before omo Justice of the Peace in the district or ilty where the defendant residos, and in all auh causes tried by them, the right of Ippealshall be s8uuodot under sich rules Ind regulations as may be provided by aw. So 27 'I he Judges of Probate Dist 'ourt Judges, Justices of 1ec'moo, and C tables, shalt- receive fer their services :h tompenstation and fees as the Geoiwral kssenbly may from to iio to time by law lirect. So 28 No person who has arrived at. Ilhe Igo of seventy years, shall he appointed or Ilccoted to, or shall continuo in the office of udge in this Stot, *EB 2) Judges shall not charge juries In 'espect to matters of fact, but may state the estimony and declare the fad%. Suo 80 There shall be elected in each ludicial District, by the electors thereof, me clerk for the Court of Common Pleas, vho shall hold his oflico for the term of ,hroo years, and until his successor shall >e elected and qualified. Ie shall, by vit no of his office, be clerk of all other courts )f record held therein; but the Genernl' ssembly may provide by law for the clee Ion of a clerk, with a like term of office, for )aol or any other of the courts of record, med may authorize the Judge of the Probate ,ourt to perform the dutins of clerk for his murtunder'sulh VogUattions is tlie Giolb al Assembly may direct. Clerks of courts thall be removable for such onuse, and in much manner as shall be prescribad- by aw. Sa 81 There sHll 16 fmi Atlorney lenoral for this State, who shall resido at ho seat of government, and shall preform mnoh duties as may be prescribed by law, fe- shail be-elcted- by a joint vote of both' iranohos of the General Asscmnll'y for tie term of two years, and shall receive for ds servioos a compensation to be fixed by aI. Slto 82 There shall to one Solicitor for MttSh oircuit, who shall residb tihcroin, to b' lected by the qualified electors of tAi 'ir ,mit, who shall hold office for the term of our years, and shall receive for his services i compensationu to be fixed by law. In n1l 3aRes where an attorney for tijo State, of mny circuit, fails to attend and liosecute, %ocording to law,the ooth-t shall htve pow'er' to- appoint an attorney pro tempore. Seo P8 Tho qualhfied electors of each listrict shall elect a Sheriff, a Coroner, and u Ulstriot Surveyor, for the term of two restes, and until their successors are elect d and'qualified ; they shall be commission d'ly the Governor, reside in their respoo. live districts during tlieit cotnti'utimou in )fice, and disqualified for the office a second ;im, if it should appear that they or eith. 3rof them are in' default for monies collect d by virtue or thicir respective offices. Svc 81 All writs andi process shall run, ind nit prosecutions shell be conducted in the name of the State of South Carolina ; ll writs shall be tested by the clerk of the 3onrt from which they shall be issued; and ll indictments shiall conclude against the peaco and dignity of the State Sruo 85 Thme General Assembly shall pro nidoe by law for the speudy putbllention of he dleetsionis of' the Suprome Court umado uder this constitution, ARtTiol.C --. JUn msrtUnax'os. 8rxo 1 The General Assembly shall pass moh laws as may he necessary and proper. o decide differences buy arbitrators, to be tppointed by the parties whio'may dhome hiar tumnma'ry amode of f~djust'ment. 8xc. 2 lt. slniVHo ti1ts defty of th~e General asembly' to pass tho' micessary laws for he change of venue in all cases, clvil and triminal, over which the Circttit Courts ave original jurisdiction, upon a proper howing, Supporteid- by aflidavit, tlnf a' fair nud impartial triad cannot. be bait in the Diistrict where stuch trial or prosecution was om mened,. Sue 8 The General-Assembly, at. its first, ession afdor the adpition of'this c'onstitu, ion, shall amako p revision to revise, digest, mnd arrange, under proper heads, the hodly of our laws, civil and crimtinal, and form a penal code, founded tuponm principle's of reformiation', andi1 have' the sanme promulgat. md ini such mamier as they may diret ; and t like revision, digest and pronilgtion mhhail'6ia made wit hinu cvory subsequeit' ported of ton'fears. 'h'ha'r' fstico sihall boh mrdministod in a uniform mode of pleading, wit houmt distinction hot wocn law asnd' eop*t ry, they shall providu for abolishinog thoe listrict, forms of action, and for that pur poso'shalh appoint some suitable person or person, *hioso ditty it, shall Be to' revise, I;impilify, and'brnidkj* tile rules, lwkbt'ieu, pleadhing s, and' forsin of -aie court now In uise In tiais St ate. 8140'l The Stato shtfll have elftleu'hent jurtidiot ion or,, all tivers bordering on i la Stats;,jb' fat' avi suchr rivers, shqll fornt a lmhnnen bounidary to this and, any other State hostded by thd usmue ; - ah'd they, (o !9liighwaysE,~ad foevre free, 5* , we'l o 8ao 2 The title to all lands and ,otjer 1,be:tate'of 86sut Carolin4 the'e5se 'ad lihoa o 6asgd bid- taken, place. ei right of soeegt aedoee 't p*e the ulthnate prop2erty ion n to All land. wihatejrelton the Stat and all-lande ithe (4411 to whiokm shet, fl t ro defect of heirs, shall revert, or e8cictt to the people. ARTICLI --. IMPEACIHMENT. Sce I The House of I(epresentatives shall ihave the solo power of impetichiont. A vole of two-thirds of all the mtemibers I elected shall be required for an impeach mont, anl. any ollicor impenched. shall thereby be susponded froim otlio tintil judg-I ncmt in the case shall have beei pronoune.-I e d . 0 Sne 2 All impeachments siall bo tried 1 by the Senate, aid wheni sit tiig for that purpose, they shall be under oath or aill - mi tion. No person shall be ontivicted ex cept by vote of two thirds of all the' mnmn bers elected. When tlhe Governor is iu. peached, tihe ChierJustico of the Supreme Court, or the senior Judge, saill preside, with a casting vote in all prelininary quos lions. SEc 3 The Governor antl all other execit tive and judicial officers, shall be liable to itnypeachiment ; but judgment. in such Case shall not extend further than removal front oflico. The persons convicted, shall never tholess, be liable to indiontont, trial and punishinent according to law. Sno 4 For all wilful' ileglect of duty, or other reasonablo cause, which shall not be stillcient ground of impeachment, the Gov ortr shall remove any executive or)jtudicial ollicer on the address of two-thirds of each House of the General Assembly. - Provfded, 'l'hat.timo cause or causes, for which said removal may be required, shall be stated at length inl such address, and entered otn tie journals of each House. And proiedfur. ter, That the ollicer itiended to b rotov ;,l shall be notifled of suoh cause, or causes, and shall be admitted to a hearing in his Own defence, before any vote for such addross; and it all eaes, the voto shall be taken by yeas and nays, and be enter. ed on the journals of eaclh Ilouso respec, lively. iMEPORT OP T1u COMMtTTFE ON 1DUCATItON TIL ENeOUltAGaQti:NT o1 LITEaATORE, E'r. Thereas, we hold these stateniets as ariom- that education is knowledget that knowledge is power; that knowledge rightly tipplied is the best and highest kind of power: that time general and nui'versal dif fusion of education ard intelligence atong lime people is the surest guaranteo of the Dnhanceietit, increase, purily' and pro. sorvat ion ol' teho great printcipler of republi. oan liberty ; thereforo it shall be the duty of the General Assenlilies, in all futuro periods of this comnotmwealt ht. to establish, provid'e for,and' perpetuate a liberal system of free public schools, to chorish the inter ests of literaturo and the sciences,, tind all seminarlos and public schools, to encourago privato and. publio instituttions, rowardis a'd unmiunitidis fot the promotion of agri oulturo, arts, eotmmerec, trades, imanufac turos, and natural history of tie conttry, to countentance aind inculcate tile princi. ples of huianity and general benevolence, public and piivato charity, industry amid ebonomy, honesty and punctunality, sinceri 1y, sobriely atl- all tIocial aieeut ions and generous sentiments among tie people. Sic I The supervision of publio instru shall be vested itn a StaL Suporintendent of Education, whoshall bo elected by the qbalifiud' elebtoti of the State in such man ner as tite Legislaturo shall provide ; his powers, ditties, term of ofilce tnd compen sation shall be defined by the Onceral As soinbly. Sec 2 There shall b elected biennially, in each district. or eounty, by the qualified electors of each district or county, onO School Commissioner; said Coitissioners to constituto a State- Ioavd of Eilucation, of which the Stale Suporintendent shall, by virtuo of his office, be chairman; the powers, dtios, and compensation of the temburo-of said- Board shall be determined. by law. Sec 8 The General Assembly sliall as soon a practicable after adoption of this constil ultion, provide for a liberal and uni form systemn of free schools throughout the State, and'shall'asho make provision for fle divisiofi of the State into suitable schmool districts. There shmall be kept opoen at least, sIx months in each year one or more schooels igi each school district. Sec 4 it ealb lim e dutty of'thte G'eneral Assembly to provide for time compulsory attendance, either public or pivate schools, of all children het weni time ages of six and sixteen years, ntot physicalily or montially distibiod, for a termt equivalent, to twenty. fouir tmonthts. &d 6 The Generaf Assemibly shall levy at each regular session after the adoption of this comnsitutio'i an annutal lax ont all taxable property thmroumghott thme- State for thte support of public schools, which tax shall be obileoled at the ramoil timot andl by time same agents as tho' general State levy, antd shall be paid into the treasumry of the Stiate. Trime shmall be assessed otn afl taxa ble polls in the Stale an ant,ual tax of one dollar on oeh pbdl, thb proceeds of which tars'hall be apliedct solely to educationail purposes. No other poll or capittiont tax shall be levied in the State, nor simall the amnounit assessedl ont eachm poll exceed the linmit gIven hat tils secli'ml. Thie sclmool lax s1:all beo distributed among thto several schmool ditricts of t ho State, in proportion to their respective ptopulation between time age of five and~ twenty-ono years. No roll. ghouts Feet, or sct's- elhall have exolutsive right to, or conttrol of swy~ parb of lime sochoolhfunads of the State, tior sijall seeta. rito prinoiples be taught, In time public schmools.. Sec ti Wit1hn- fh-vo years after the first regular sesrion of the Gencral Assembiy, following the adopltion of ti constitutiont, % it lfbe the dutty of the Oenerafl Assem-. by to provide for time establlishmen6s sad siippor-t of a State Normal Sool, which shll1 be open to all persons who may wisit to become teachmers. Bro 7 Institutions foe the benenlt of all time insane, blintd anmd dtaf and dtttub, tndt suoh other benev'olent, ingtituns ats (lie prublio good ma~y requite shaslI be efat lishi. ed and supported by thme state, submjeto to such regulhtiens as ay 6e p~oimribed by law. Scsp 8 Provisidna .shl bei madeo by law, as ioom as preacticable, fot (hue establish mbttxt~ malltenne e ofa State Iteforma Schmool for Juvenile of.ender.. Bed 11 The'respebtiFe atr1iots or cou. ties cf the Slate shalt buako provisions, as may be dotplmfinedh by law, for all those inhabltants huo by reason of age antd in atSutie#, Oft misfortuones, may have olaiti upon tfly sympathy amnd aid of society, 8 Bef.10 The Ueneral.' assemly shall prop Yida fdft the nsaintenanoe of ;he St ate Unf versity, and, as scott as ptaetIeable, r vjdo for the eulablishmert, of an agrleultu ral college, anid shalI.a ptr Ist the land donated to, tids MaMu h. hesupport of 4acht a college by tho act of Congres,- pass eo1 July 2, 18!,8, or tho money or sortp ,am the case may be, arising from the sale of said lands,- or any lands which ay hore. after be granted or appropriated for such purposes, for the support anti inaitenanco of such collogn, anti may make IIh same a branch of the State University, for instrate tion in agrierltrro, the ucolinic arts, analthu natuoral sciencs netdthr. ill i A c A the public schools, zolletes and undversities of this State, supported by tle public fiYdas, shall be free and open to ill tle children antd youths of the State, without regard to race or color. c 12 The proceeds of all lands that have been or hereafter inay be granted by (ho United States to this state, and lnot otherwise appropriated by this Stato or t ie -Jnited States, and of all lands or other property gIfete by Indivitluals or appro. priatedl by the State for liko purposo, and of all estates of ileconsedl persons who haa e dlied without leaving a will or heir, shall ho securely investod anl sacredly preserved as a State solacol find, and the aniaual intereost and itncone of said fund, together with snch othor nenans as the (leneral Assembly inny provide, shall lio fait hfully appropriated for* tho purposo of estaBlilhing a:ni Ilailtainiayii free puihlic lthools, naud foe ao other pur poses or dses whatever. A NITTY ]I rTTi.E SrP.Fvc Fntom 'Ma. JOHNSON, or CAL.1roltNIA-A RADICAI. SKJNNE.D.-i-h the House on Friday Mr. Johnson, rising to a porsonal ox plalntion, referred to a reiark made y Mr. Pilo in' objecting, some weeks ago, to a resolntion offered by hin in regard to the citmenship of the Chi neso ill California---tho objectionable expression being that the resolution was a burlesque on connon senso-. and said that he had not heard tho expression ait. the time, or lhe should hiave repelled it. In reference to the gentcemaiMs ability to set himsolfl up as a censor, he land only to say that that goutleman ought to be courtoons to omoinbers. UIr 'knew nothi'ng of Iri' qualifloations for the high office ie land assumoil, but he' diil know, by looking at thbe "Congrossional Directory," that thaP! gcntlomnai was a minister' of the gospel and lrigadier Geeoral - a surpliicod horo and a lighting' priest. ( Laughter). Ile said this to the guntlenon's honor, bocanse lie ad fmtrod his buttons and reverencod his cloth. (lfaughtor). The Judiciary ConiMittec, to which the resolution was to be referred, had soon no dn ger lurking in it. Btt it wIs not the llrst time that the oyes of wisdom had been closetl to- thVeatoning dangor, lio recolloted, in sacred history, that when the angel of the Lord stood ini the way of 1ial1aamn with his flaminig 1word,.t'urning and throatning right and left, aiann Im had no eyes to soo ; but the poor ass saw it, and blurred out volomontly. (Laughter). WuV Mit. Asoit 3. irri-l' FIrZ GRaxM llAt.,EtCi ONI.Y $200 A YKAR.-It. is. well known that. when John Jacob As. tor, tho richest, man in this city, died, ho hequeathed in hia will to Filoz Green Ilalleck, the poet, who for a great many years had been his intimate associat, friend and -mfidenitial clerk, ioly tits pitiful sum of' two hindrted dollars a year. 'This lis ofteni beetn remtarked tipoti .! a not of great ineanness ol Ihe' part of M'r. A stor ; but we now have ai explanation of it by oir popular contri bittor, Mr. Fred. S Cozzens, who say,: . "I atsked Mr. Eibury, one day, why i. wia that John Jacob Astor had left: llalleck, his Ihitl leti k, only the [ri fling asim of two hundred dollars a year.. 'I Llink that I. can ox plama thatt," ht. Raid-:- "Iiahleck oi~ftn iimed- to joke Mir.. Astor abr~ut his aeconnadaatinag incoime, and perhaps rather ratshaly said :"Mr. Astor, of what. (is is aill this monaey to yon ? I woultd b-' content to livom ott a couno of hmindrod ia yeari fbr the rest. of nay life, if f wats onl'y'saro of it." Thei, old main rteemberedl thait,'" staid Mr. Enmbaury. "'amui. with a bitteru satire. rte aminded l Iltac'.e of' ir t- in tis will."'- N. A Sio'w IUiANT S'tet-M r. ss: '1' nlK fhtCA'itKn.--T'h( Il-onia of' Rop re.senittivr's, tookc a $ttep yesxt'rdyv,. alln. detr the leaal'of Mlr. Tihauddenas Steveaa.< I? the tmosit extraordinitary ebiaracter. Tlhae paer aiudi evidencee int the tnmpeachaamet mtitctr were taiktn from thWr Committen-' Judiciaary, to which stiele a saihj'ct, woitlt naturally and apphropitelyP belotng under' he rules of' thte House, and givenh to the' (Jomittent ott lieconshtrnetio' it i "leave to report, att ainy' tialw..! '1Sho in dicationis aow are hiatt the presentt body of hien-ted; a-id' violet' partiaans ini Coin grest tire about to mxatka their bol desi and most, fearfml' erptsriment on the pa-, tienco a. the countr'y, which hats endured Ltem so long'i -- these Jacobitns hopaing,. wo doubt tlol, ti.atr the pieople do not,. care emmgha~ abot their Govertnent nud' Comtlitiltioti to make a struggle, or risk;; anyltin for their presorvattionm aganite the regatlars wielded by Gemi (tr,tIt-~ National Intelligencer. As Oca Mt)Tnvxan D->..-We, worn amtntsed thme othier evehitig, sayss uan ex chaniga, at three little girls, plavin:~ among theo sagui brush mi ai ,hatk ytardJ. Two of thoem were ''maaking~bibre kp~ house,'' a few yards distaspee from eatch orther-segh~lbora s ~ui'i. ware. Otjvof therm says to the tI.rA ,little girl;-~. "There, no0w, Nelly. ,t ga to Strah's house, and stop~ij at w ile 'and talk, and then you onme back and -tel tume what, site anya abodt tme (a:M T'IL tallk about hair Ohens. y on go and t~elI hs4iLt I sa, and Lthin wu'll got, mad anl Wt4q .. speal to each other, Just.),ik otin mot . era o, you know. O)1, thg'll be siel