University of South Carolina Libraries
... VOLUME YI.-NUMBER 739.3t CHARLESTON, S. C., WEDNESDAY MORNING, JANUARY 1, 1868. [EIGHTEEN CENTS A WEEK. BY TELEGBAPH. Oar European Dispatches [BY ATLANTIC TELEGRAPH.] GARIBALDI ANS F AUB AOUT. LONDON, February L-No marine disaster baa been reported from Saturday's storm. A gale off Cork blew up the telegraph. The wires leading from the city have been cut, and the activity of the police has prevented any de? monstrations. The advance guard of the Abyssinian expedi? tion has reached Autala. The government candidates have been re? turned from Lilies, France. Garibaldi has written Farragut a congratula? tory letter on the occasion of the United States encouraging, by the presence of a fleet, the natural aspirations of the government. LONDON, February 5.-John Bright pleaded the wrongs of Ireland at a meeting at Birming? ham. LONDON, February 4.-Noon.-Consols 934a 93j. Bonds 71 J. LONDON, February 5-Evening.-Consols 932; Bonds 71$ LIVERPOOL, February 3.-Evening.-Cotton . closed quiet; Uplands 7$; Orleans 8; sales 10,000 bales. Manchester advices unfavorable. LIVERPOOL, February 4.-Noon.--Cotton quiet and steady; sales 10,000 bales. Bread? stuff generally quiet. LIVERPOOL, February 5-Evening.-Cotton closed firm ; sales 15,000 bales ; Uplands 7?a 7Jd.; to arrive 7f d.; Orleans8a8jcL Sugar quiet. Narai Stores quiet and unchanged. Our Washington Dispatches. RECONSTRUCTION-REVENUE-THAT OOBBESPON DENCE. WASHINGTON, January 5.-Eleven set speech? es were deb ver ed to-day on the Reconer r uc tion bi?. The Committee on Reconsti notion will report favorably on the bill removing the disabihties of Governor Patton. The House discussed to-day the Grant-John? son correspondence, but deferred action on the subject. The Revenue to-day, $1,131,000. General Howard has issued a circular that officers under the rank of Major that were mus? tered ont but retained in the Burean shall be paid $150 per month. TEE RESIGNATION OF MINISTER ADAMS RECEIV? ED-NO PROSPECT OP A WAS WITH ENGLAND. WASHINGTON, February 3.-Tho resignation of Mr. Adams, Minister to England, bas been received, and his successor decided upon. The change in the mission is not on account of any dissatisfaction as to the course of Mr. Adams in his conduct of our affairs in England, but it is done on the voluntary motion o' Mr. Adams. This action has no reference to the settlement of the Alabama claims, which are to be prose? cuted vigorously to a finality. The report that the President will declare war against England, should the answer of that government be unsatisfactory, is utterly unfounded. The Executive does not assume that he has the power to declare war, and there is no reason to apprehend hostilities between England and the United States. Congressional. FORFEITURE OF RAILROAD LANDS-MOSE PRO- | TECTION FOB GRANT & OO. WASHINGTON, February 5.-IN THE HOUSE Representative Beatty, of Ohio, was sworn in and took his seat. The bill forfeiting Southern railroad lands after being amended so as to except the Nash? ville and Decatur Road, was passed by a vote of eighty-six to seventy-three. The bill de? clares forfeited to the United States all public lands granted in 1856 in Alabam:;, Louisiana, Mississippi and Florida to aid in building rail? roads, and declares such land open to home? stead entry and settlement under the laws of 1866. The consideration of the bill regarding the rights of American citizens abroad was re? sumed. A joint resolution, authorizing the Secretary of War to employ counsel to defend Generals Grant, Meade and Buger, and otb.tr officers and persons entrusted with the enforcement of the Reconstruction acts against any snit or proceeding in any court in regard to their of? ficial acts, was passed. Adjourned. IN THE SENATE the joint resolution referred to in the House proceedings was passed. The Southern Railroad ban bill was referred to the Committee on PublioLauds. After a further consideration of the Recon 8tructioiu??ttB?< uu executive session, the _~ .Staate aajwT^^* General Grant and the President. WASHINGTON, February 4.-The President and Stanton had neither written nor personal conversation since August 12th. Tho Presi? dent's letter to Grant, on January 31, contains this paragraph "Yon had found in our first conference that I was desirous of keeping Mr. Stanton out of office, whether sustained in his suspension or not. You know what reasons had inducsdmeto ask from yon a promise. You also knew that, in case your views of duty did not accord with my convictions, it was my pur? pose to fill your place by another appointment. Even ignoring the existence of a positive un? derstanding between ns, these conclusions were plainly deducible from ocr various con? versations. It is certain, however, that, even under these circumstances, yon did not off. r to return the place to my possession, but, ac? cording to your own statements, placed your? self in a position where, could I have anticipa? ted your action, I would have been compelled to ask of yon what I was compelled to ask of your predecessor in the War Department, namely, a letter of resignation; or else to resort to the more disagreeable expedient of suspend? ing you by a successor." Grant's letter, of February 3, alluding to the President's letter of January 31 and the news? paper articles, says: "It is a statement some? what more in detail of the many and gross misrepresentations contained in these articles, and which my statement of the facts set forth in my letter of the 28th nit., was intended to correct; and I here reassert the correctnoss of my statements in that letter, anything in yours in reply notwithstanding. The Reconstruction Conventions. VIRGINIA. RICHMOND, February 5.-In the convention the fifth section of an ordinance on the Execu? tive was adopted, with an amendment requir? ing tho dissent of two-thirds of the members of the legislature to call an extra session. NORTH CAROLINA. RALEIGH, February 5.-The convention has been occupied for the past two days on the re? lief measure; it passed to-day after considera? ble opposition, nearly as it was report? d by the committee. The Conservative Convention met at Tucker Hall to-day, somo fifty counties being repre? sented by about three hundred delegates. E. H. Smith, Esq., of Halifax, was chosen tem? porary chairman. The Hon. William A. Gra? ham, of Orange, was elected permanent chair? man of the convention, with thiiteen vice presidents. The several editors in attendance were chosen secretaries. The best spirit pre? vails, and many of the ablest mon in the State are here. GEOBGIA. ATLANTA, February 6.-The relief clause was passed in the convention to-day by yeas 82, nays 45. It denies jurisdiction to the courts over all debts contracted prior to the surren? der, but leaving it discretionary with the majority of tho legislature to confer jurisdic? tion in all cases as to the purchase of slaves. Richardson, the member of the convention, who was shot by Timmony on the 3d inst., it is thought by the physicians, will not recover, tho ball having passed through the right lung, ?nanam; JACKSON, February 5.-The convention met and adjourned, to give way to the Republican nomination convention. There is a full at? tendance of this latter body. B. B. Engleston, President of the Reconstruction Convention, is nominated for Governor. The convention is still in session._ ^ Alabama Elections. MONTOOMEBT, February 4.-Eleven hundred votes were polled to-day; six white men voted, four of them candidates. The election is pro? gressing quietly. Toting on the Alabama Constitution. MOBILE, February 5.-Three thousand five hundred and seventy-two votes were polled yesterday and to-day, of which three thousand five hundred and thirty-six were colored, and thirty-six white. Slarhet Keporta. NEW YOEE, February 4-Noon.-Gold 41J. OldBonds ll.''J ; Virginia Sixes 44j ; Tennessee ox-coupons 64 ; now 604. Flour 5al0c. lower. Wheat dull and drooping. Corn la2c. lower, pork heavy at $22 50. Lard steady at Mall). Cotton dull at 19. Turpentine 59ao9(J. Rosin firmer. EVENINO.-Cotton firm ; sales 2800 balea at 19. Flour heavy ; State $8 35al0 75 ; Southern $10al5. Wheat heavy. Corn declining ; South? ern White $120al 30. Pork heavy at $22 50. Lard firm. Naval Stores finn. Freights lower ; on Cotton by steam, j} to ?. Gold active and firm at 41}. Governments active. BALTXKOBK, February 5.-Cotton dull. Flour steady. Wheat firm; prime to choice Southern $2 70a2 85. Corn more active. Oats better, at 78a76c Rye, nothing doing. Provisions more active. Clear nb bed Bk. ^d lSalSj. AUGUSTA, February 5.-Cotton firmer; sales 695 bales; receipts 840; Middling 17c. SAVANNAH, February 5.-Cotton opened dull, closed active and advanced; Middling 174c; sales 2500 bales; receipts 2620. MOBILE, February 5.-Sales of Cotton 2000 bales; closed firm; Middlings 17c; receipts 1798 bales. WLLIUNQTON, February 5.-Spirits Turpen? tine advanced, and firm at 53. Rosins, lower grades In good demand; strained $2 20; No. 2 $2 25. Middling Cotton at 17c. Tar $2 20, ad? vanced 5c. THE CONVENTION. CONVENTION HELD BT AUTHOBITY OF THE RECONSTBUCTION LAWS OF CONGRESS, TO FRAME A STATE CONSTITUTION FOR SODTH CAROLINA. The convention yesterday was occupied chief? ly in reading, for the first time, several impor? tant constituent parts of the proposed consti? tution. Discussion will probably ensue to? day. We refer the reader to another column, whero these documents are published in full. Thirty thousand dollars more of bills receiv? able are to be disbursed on Saturday, P. M., tc tho M. C's. Although brokers are not offering much for the currency-not more than sixty five cents on the dollar-it is understood thal outside parties are bagging all they can get al much higher figures. PROCEEDINGS OF THE CONVENTION. EIGHTEENTH DAY. The convention assembled al 12 o'clock. Prayer by Rev. Wm. Thomas, of CoUeton. Tho roll was called, and journal of the preceding day read and approved. L. Boozer explained to the convention that his absence during the calling of the yeas and nays on the passage of the ordinanco invalidat? ing contracts, ?tc, was owing to indisposition, and he asked leave to record his vote on the journal. On motion of C. C. Bowen, leave was granted, and Mr. Boozer voted *' nay." C. P. Leslie offered the following resolution, which, on motion of W. G. Whipper, ms adopted : Resolved, That the President of the conven? tion appoint a committee of three to audit con? tingent accounts and inquire into the correct? ness of all bills; and no money shall be paid until the alleged indebtedness shall have beon investigated and reported to the convention. The unfinished business of yesterday wis taken np, being a resolution offered bv J. M. Allen, o' Greenville, that the President be re? quested'co draw from the Treasury of the Stete $30,000 for tlie purpose of paying the per dum and miioage of officers and members of the con? vention, and that the same be paid on Saturday at three o'clock P. M. A delegate moved to amend by striking out the word "mileage" and inserting after Ihe word "members" the words "or other ex? penses." C. P. Leslie moved to amend by adding "Pro? vided that no contingent oxpenses be paid until the 6ame has been acted upon by tho Commit? tee to Audit Accounts, and approved by the con? vention." Discussion onsued on the amendments, in which C. P. Leslie took high ground aganst the disbursement of any of the tunas of tho State until the acconuts were first scrutinized by u competent committee. Subsequently the resolution as amended was adopted. B. F. Randolph offered the following: Resolved, That a committee of five be ap? pointed to confer with General Canby in regard to a plan for voting upon the ratification ol the forthcoming constitution, and to report thu re? sult to this convention. The delegate moved that it be referred to the Committee on Franchise and Election". C. P. Leslie said, "Don't do it." Ho was a member of that committoe, and if such a reso? lution should be so referred, it would in all pro? bability be the last ever heard from it, foi* the committee could not be got together if Gabriel should blow his horn. R. C. DeLarge, as chairman of the commit? tee, retorted that it' the balance of the mem? bers "went oa like the member from Barnwell, thev never would be able to report." Never? theless the report of the majority was complet? ed and ready to be made. L S. Langley said he hoped the convention would not be hard on the chairman ol the 00m niittec, as he wa3 understood to be an artist, and was very busy about these days. [The allusion made was to several pencil sketches which had been going tho grand rounds of the convention.] The hour for the consideration of the special order having arrived, the convention took up the report of the Committee on tho Bill of Rights, which receivod its first reading, and was laid over under the rules until to-morrow. The reports of the Committee on the Judiciary and Committee on Education wore disposed of in asimilar manner, and, on motion ? i' F. J. Moses, Jr., were made the special ordors for half-past 12 o'olock. The convention adjourned at 2 P. M. ERRATA. By a transposition ot figures in our reference yesterday to the resolution of B. Byas of Berkeley providing for the payment of certain wages due to the freedmen since Januarv 1 1863, we made it read that all malos over 12 should receive $10 per month, and a l under 12 should receive $8 per month. The figure 1 was a little behindhand, that's all; the age should have been 21. CIVIL GOVERNMENT. A DECLARATION OF RIGHTS. REMARKABLE DOCUMENT. We lay before our readers Ihis morning ono of .ho most curious documents ever presented to ?i legislative body in South Carolina, report? ed yesterday in the Convention by the Commit? tee on the Bill of Rights, and technically do scribed lo be a "Declaration of Rights and Fo.-m of Government as the Constitution of tho Commonwealth of South Carolina." It will be observed that the existing consti? tution of the State is proposed to be materially dunged, both as regards matter and arrange mont. The .-several sections constitute a serios of moral and political axioms on which, it is presumed, the future fabric ol' legislation in South Carolina is expected to be erected. First, it is set forth that "all men are born free and equal;" second, that slavery shall not hereafter exist; third, that power is vested in and de? rived only from the people; fourth, that the doc? trine of States rights is forever dead and bttried; fifth, that under no pretext shall an? other attempt be made to dissolve the Union; and, sixth, that all citizens shall possess equal civil and political rights. Then follows a series of provisions descrip? tive of the rights and public privileges of per? sons. Among these provisi?n?, it will be no? ticed that hereafter no person shall bo impris? oned for debt, and that a homestead shall be exempted from seizure or sale. Privato and corporate property is to bo inviolate, yet laws may be made securing right of way over lands of either persons or corporations for purposes of internal improvement, but a just compensa? tion, in all cases, is first to be made to the owners. Whoever prepared the document before us 1 as evidently had a keen eye to the probabilities cf future stay-laws, for, ia section 26, it is ex? pressly provided that the power of suspending the laws ought never tobe exercised save by the legislature, or the authority derived Jromit. Care is taken also that neither tho legislative, nor the executive, nor the judicial department of the government, shall in any wise trench upon the functions and powers of the others. Another provision, which would materially change the habits and customs of our people, is that which prevents any individ? ual who shall fight a duel, or send or accept a challenge, or is in any way concerned in fight? ing a duel, from holding any office of honor or trust in the State, besides making him liable to such other punishment as tho btw may pre? scribe. One of the worst features of the proposed constitution is, perhaps, the clause which pro? vides that no property qualification shall be necessary for on election to or the holding of any office. In the present condition ot affairs, il this provision be adopted, and carried into effect, tho organization of tho government will be BO essentially democratic that in the wild rush for office that will be made by peraons of all classes, for at least the next two or three years, m my positions of trust and honor may be filled by individuals unidentified with the interests of the State, whose only olaim upon the suffrigos of the people is a more legalized residence. The evil infiuenco of bribery, tumult and improper conduct in elections is guarded against; and no office is to be created, the ap? pointment to which shall bo for a longer time than during good behavior. All naviga? ble streams are to be public highways, freo lo the citizens of tho United States, without any imposition of tax or toll, and no owner of a wharf, erected on tho shores of a navigable stream, is permitted to charge for the use of the said wharf, unless expressly authorized lo do so by the legislature. It is but truth to say that the document from which we have quoted bears upon its face tho evidence of careful compilation, and, after perusing it, no one will gainsay tho re? mark that its several propositions aro clearly and succinctly stated. THE JUDICIAL DEPAETMXNT. This article of the constitution, il" adopted ac? cording; to tho text published bolow, will affect grave changes in the judiciary of tho State. The judicial power is vested in a Supremo Court, in two Circuit Courts-to wit: a'Courl of Common Ploas having civil jurisdiction, and Court of General Sessions having criminal ju? risdiction only-and in District and Probato Courts aucWusticcs of the Peace. Tho Su? premo Court is to consist of throe judges, who are to'be elected by the Goneral Assembly for the term of six years, and so classified that ono of tho judges shall go out of ofiico every two years, thejadge holding the shortost term of office under this classification to bo tho Chief Justice duijpg his tom of office. The article pr?vidos in a very clear manner for filling all vacanoies that may occur, tho cir? cuits which each judge shall occupy, and the jurisdiction which each judgo BhuD exerciso. The circuit judge is to be elected by tho people ol his circuit, and shall hold ofiico lor tho term of four years. Tho Courts of Common Pleas are to sit in each judicial district ut loast twice a year, and lo have full jurisdiction iii all mat? ters of equity. But thc courts no.v established for that purpose shall continue as at present organized until January 1, 1869, for tho dispo? sition of causes pending thcroin. Tho Court of Genoral Sessions shall bit at least three times a year for tho trial of criminal causes. A very important chango is embodied in section 21, which provide J for tho olection by tho peo? ple of each judicial district of tln eo persons wbo^ shall constitute a district court, which shail have full juiisdiclion over roads, highways, ferries, bridgos, and all matters relating to taxes, and the local concerns ol the district. A Court of Probate is also to 'oe established in oach district, and the people are to elo2t jus? tices of the peace and constables, who may hold office for the term of two years. No per? son who bas arrived at Ihc age of seventy can be elected or continued in office as a judge, and no.'udgo shall charge juries in respect to mat? ter.') of fact, but may stale the testimony and declare the law. Necessary provisions are also made for the election of clerks of courts, an attomey-geueral, ono solicitor for each circuit, sheriffs, coroners, and district surveyors. It will be seen that the entire legal machin? ery of the State, with but few exceptions, ii to bo created by the votes of tho people. Tho experiment has boen tried elsewhere with va? ried success, and thc concurrent testimony in several States is contrary to the wisdom and propriety of surrounding so important a de? partment of tho government with influences which at best are generally capable of corrup? tion. In South Carolina'especially, situated as we aro likely to be for some timo to come, tho election by the people of men who hold no property to the important and responsible po? sitions of judicial offices, will tend to throw that department into the hands of the rabble, and will subject every member to popular influ? ences which weak human nature ia not likely to withstand. JUBISPBUDENOZ. Under this head it is provided that the Gene I ral Assembly shall revise the civil and cr I laws of the State and form a penal cod I that this operation shall be repeated eve j years. The form of pleading is to be mai I form, and the practice revised and sim] I The Governor, in connection with two-th I each house of the General Assembly, m j move any executive or judicial officer for I neglect of duty. The House of Represent I is vested with the sole power of impeach I and any officer impeaohed shall be su sp I from office until judgment shall have bee I nounced. All impeachments to be tried 1 I Senate. EDUCATION. The report of the Committee on Educ I provides for the appointment of a State s intendent, to be elected by the people I a school commissioner for each dil who, together, are to constitute a I j The State is to be divided into school dist I and the compulsory attendance at free sc i of all children between six and sixteen ye I age, for at least twenty-four months, is 01 j ed. To support the free schools, there sh j a poll-tax of one dollar. There shall be a I school for the reform of juvenile offenders an agricultural colloge ; and all public sch j colleges and universities of this State, sup I ed by the public funds, shall be open t I children, without regard to race or color. I WE, THE PEOPLE OF THE STATE OF SoTJTI I BOLINA, TN CONVENTION ASSEMBLED, Grat ef I Almighty God for this opportunity, delibei ly and peacefully, of entering into an ex] I and solemn compact with each other, forming a new constitution of civil goi ment for ourselves and posterity, recof ing the necessity of the protection of I body politic in all that pertains to i freedom, safety and tranquility, and I plohug the direction of the Great Legis] of the universe, do agree upon, ordain anc j tablish the following DECLARATION OF RIGHTS AND FORM OF C ERNMENT AS THE CONSTITUTION OF ' j COMMONWEALTH OF SOUTH CAROLINA. ARTICLE L DECLARATION OF BIGHTS. I SEC. 1. All men are born free and equ endowed by their Creator with certain inal able rights, among which may be reckoned right of enjoying; and defending their Uves liberties, acquiring, possessing and protect property, and seeking and obtaining their s ty and happiness. SEC. 2. Slavery shall not exist in this Sd I nor involuntary servitude, otherwise than the punishment of crime, whereof the pe shall have been duly convicted. SEC. 3. All political power is vested in i derived from tho people only; therefore tl have tho right, at all times, to modify tl form ol government in such manner as tl may deem expedient, when the public gt I demands. I SEO. 4. Every citizen of this State owes p amount allegiance to tho Constitution o Government of tho United States, and no 1 or ordinance of this State in contravention subversion thereof can have any binding for SEO. 5. This State shall ever remain a mo ber of tho Amorican Union, and all attemp from whatever source, or upon whatever p text, to dissolve said Union, ought to be resi ed with tho whole power of tho State. SEO. 6. Tho right of tho people, peaceably assemble to consult tor the common good, a to petition the government, or any departure thereof, shall never be abridged. SEC. 7. AU persons iesident iu this Sta born in the United States, or who have be naturalized, and shaU have legally become ci zons of tho United States, aro hereby declar citizens of South Carolina, possessing cqu civil and political rights and public Privileg qs hereinafter declared by this constitution. SEO. 8. AU persons may freely spook, wri and publish their sentiments on any subjec being responsible ior the abuse of (hat righ and no laws shall be enacted to restrain < abridge the Uberty of speech or of the press. SEC. 9. In prosecutions for the publication papers investigating the official couduet i officers or men in public capacity, or when tl matter published is proper tor pubUc info mation, the truth thereof may bo given in ev dence: and that in all indictments for libel, tl jury shall have tho right to determine the la and tho facts under the direction of the oour SEC. 10. NO person shall bo doprived of th ri tr ht to worship God according to the dictate of his own conscience; Provided, That the lit crt y of conscience hereby declared shall nc justify practice inconsistent with the peace an moral safety of society. SEO. ll. No form ol religion shall be esta! Jishcd by law; but it shall bo the duty of th legislature to pass suitable laws to pr j tee every religious denomination in tho peacoabl enjoymeut of ita own modo of worship. SEC. 12. Tho right of trial by jury shaU rc main inviolato. SEC. 13. No person shaU bo disqualified as i witness ?r be prevented from acquiring,: hold ing and transmitting property, or be liable ti .any other punishment for any offence, or bi hindered in acquiring education, or be subject edin law to any othur restraints or disqualin cations m regard to any personal rights thai such au are laid upon others under like circum stances. SEC. 14. No person shaU bo held to answc: for any crime or offence until the same is fully fairly, plainly, substantiaUy and formally de .scribed to hun; or be compelled to accuse oi furnish evidence against hinisolf; and cverj person shall have a right to produce aU proof" that may bo favorable to him, to meet the wit? nesses against him faco to face, to have B speedy and public trial by au impartial jury, and tu bo fully heard in his dofonce of hitns?l: or by his counsel, cs ho may elect. SEC. 15. No person shall be arrested, im? prisoned, despoiled or dispossessed of his prop? erty, immunities or privileges, put out of tuc protection of the law, ex?cd or deprived of hu life, liberty or estate, but by the judgment ol bis poors or the law of the land. And the leg? islature shall not enact auy law that shall sub? ject any person to punishment without trial by jury; nor eba l he bo punished but by virtuo of a law already ostabUshed, or promulgated prior to thc offence, and lcgaUv applied. SEC. 10. AU courts shaU be open, and every person, for any injury that he may receive in his land, goods, person or reputation, shall havo remedy by duo courso of lat? and justice administered w ithout unnecessary delay. Ssc. 17. AU persons shall* bclore conviction, bo bailable by sufficient sureties, except for capital offonces, when the proof is evident or thc presumption great; and excessive bail shall not, ia auy caso, be i esquired, nor corporoal puuislimcnt indicted. . ( SEC. 18. ThcTpriv?ege of the writfof habeas corpus shall no? be uuspooded, except in case i?insuncction, i'cbt-Uiou or invasion, the pub? lic safety may require it. \ SEC. IS. NO poison, after having been once acquitted by a jury, can bo again, for the same Offence, put in jeopardy of his life or lib? erty. SEC. 20. No person ahaU be proceeded against criminally, by information for any indictable of? fence except in cases arising in the land and naval service, or in the mUitia when in actual service in the time of war or public danger, or by leave of tho court, lor oppression or misde? meanor in office. SEC. 21. No person shall be iDprisoned for debt, except in cases of fraud; and a reasonable amount of property, as a homestead, shall be exempted from seizure or sale fortho payment of any debts or liabilities, except for taxes, that may be contracted after tho adoption of this constitution. SEC. 22. No biU of attainder, KC posl-facto law, nor any kw impairing the obligation of contracts, shall ever bc enacted; and no con? viction shall work corruption of blood or for? feiture of estate. SEO. 23. Treason against tho Stite shall con? sist in levying war against tho same, or iu ad? hering tu ita enemies, giving them aid and com? fort. No person ehall be convicted of troason unless on the testimony ot two witnesses to thc same overt act, or on confession ia open court. SEC. 24 All persons have a right to bo se curo from unreasonable searches or seizures of their persons, houses, papers oi possessions. All warrants, therefore, are contrary to this right, if thc cause or foundation of them be not previously supported by affirmation or oath, and, if the order, in the wamnt, to a civil officer, to mako search in suspected places, or to arrest ono or more suspected persons, or to seize their property, bo not accompanied with a special designation of tho persons or objects ol search, arrest or seizure; and no warrant shnll be issued but in cases and with the for? malities prescribed by the laws. SEC. 25. Private property shall not be tc I or applied for public use, or for the use of porationa, other than municipal or for prr I use, without the consent of the owner an i just compensation being made therefor; J video, however, that laws may be made se ing to persons or corporations"tbe right of over the lands of either persons or corporate and for works of internal improvement the ri to establish depots, stations, turnouts, etc., a just compensation, in all caaes, be first m to the owner. SEO. 26. The power of suspending the ls or the execution of the laws, ought never tc exercised but by the legislature, or by auth ty derived from it; to be exercised in such \ ticular cases only as the legislature shall pressly provide for. SEC. 27. No person shall, in any case, be s ?ect to law martial, or to any pains or penal >y virtue of that law, except those employee the army or navy, and except the militia actual service, but by authority of the legii ture. SEO. 28. In the government of this comm wealth the legislative department shall ne exercise the executive and judicial powers, either of them; the executive shall never ex eise the legislative and judicial powers, either of them; tho judicial shall never ex eise tbe legislative and executive powers, either of them, to the end it may be a gove meat of laws and not of men. SEC. 29. The legislatura ought frequently assemble for tho redress of grievances- for c routing, strengthening and confirming i laws, and for making new lawa as the comm good may require. SEC. SO. The peoplo have a right to keep a bear arms for ihe common defence. As limes of peaca, armies are dancerous to lib ty; thoy ought not to bo maintained withe the consent of the legislature. Tho mili ti power aimil always bo held in an exact su bor nation to the civil authority, and be govern by it. BEC. 31. In time of peaco no soldier onght bo quartered in any house without the couse of the owner; and, m timo of war, such qui tors ought not to be made but in a manner pi scribed by law. SEC. 32. No person who conscientiously sci pies to bear arms shall bo compelled to do E but he may pay an equivalent for personal se vices. SEC. 33. Ail elections shall bo free and ope and every inhabitant of this commonweal possessing the qualifications provided for this constitution, shall have an equal right elect off eera and be elected for public emplo mcnt. SEC. 34. No property qualification shall 1 necessary for an election to or the holding any office, and no office shall be created, the a; pointmcnl to which shalt be for a longer tin than good behavior. After the adoption of th constitution, any person who shall tight a due or send or accept a challenge for that purpoB or be an aider or abettor in fighting a due shall bc deprived of holding any office of hone or trust in thia state, and shall be other wi.' punished as the law shall provide. SEO. 35. The right of suffrage shall be prc tected by laws regulating elections, and prc hibitmg, under adequate penalties, all nndu influences from power, bribery, tumult or in proper conduct. SEO. 3G. Representation shall be apportions according to population, and no peraon in tbi State shall be disfranchised or deprived of an of tho rights or privileges now enjoyed, excep by tho law of tho land or the judgement of hi peers. SEC. 37. Temporary absence from tho Stat shall not forfeit a residence once obtained. SEC. 38. All property subject to taxatioi ought to bo taxed in proportion to ita value Each individual of society has a right to bi protected in the enjoyment of lifo, property anc liberty, according to standing laws. He should therefore, con tn bu to his share to the expensi of his protection, and give his personal servict when necessary. SEC. 39. No subsidy, charge, impost tax oi duties ought to bo established, fixed, laid oi leviod, under any pretext whatsoever, without the cousent ot thu people or their representa lives lawfully assembled. SEC. 40. Exoosuive flues shall not be imposed nor cruel and unusual punishment inflicted nor shall witnesses be unreasonably detained SEC. 41. No titlo of nobility or distinction, oi hereditary emolument shall ever be granted ii thia State. SEC. 42. All nungabie waters shall romain for? ever public highways, freo to tho citizona of the State and the UnUed States, without tax, im? post, or toll imro" id; and no tax, toll or im? post, or wharfage- shall be imposed, demanded or received from tho owner of any merchan? dise or commodity, for tho use of tho shores, or any wharf erected on tho shores, or in or over the waters of any navigable stream, un? less the sanio be expressly authorized by the Legislature. SEO. 43. i he enumeration of rights in this constitution shall not be construed to impair or deny others retained by tho people, and all powers not herein delega Led remain with the people. ? ARTICLE -. JUDICIAL DEPARTMENT. SEC. 1. The judicial po wea of this Sta to shall be vested in a Supremo Court, IU two Circut Courts, to wit: A Court of Common Piea6, hav? ing civil jurisdiction, and a Court of General Sessions with criminal jurisdiction only, in District and Pro ba to Courts, and in Justices of the Peace. Tho General Assembly may also ostablish such municipal and otiier inferior courts as may be deemed necessary. SEC. 2. Tho Supremo Court shall consist ot three judges, two of whom shall constitute a quorum. They shall bo elected by a joint vote ot thcHJenoral "Assembly for tho tcrns>of six years, and shall c lulinuo in office until their successors shall bc elected and qualified. SEC. 3. They shall bo so classified that ono of tho judges ah?? go out of office every two years; and the judgo holding tho shortest tei m of office under such classification shall be Chief Justice ot thc court during his term of office, and so on in rotation. SEO. 4. Thc Goner-.1 Assembly, immediately after said election, shall determine by lot which or tho threo judges elect shall acive for tho terni of two years, which for t io temi of four years, aud which for tue term of six years; and having so determined the sumo, it shall be the duty of tho Governor to commission them ac? cordingly. SEC. 5. Ibo Supremo Court shall have appoi? nte jurisdiction only m cases of chancery, aud shall constitute a court for tho corrodion of arron at law, under such regulations as the General Assembly may by law prescribe; Pro Dieted, Thc said court shall always have powor to Ueno wrjld of injunction, mandatntis, quo warr anio, habeas cornus - and such otner original and rem?diai wnts*as may bo neces? sary to give it a general supervisory control ov?? ah other courts ft tho Stat". SEC. G/Thc Supreme Cwt sball bu held at letnit buco tn each year, at thc scat cf govern? ment, aud at such other place or places in tho State aa tho Genoral Assembly may direct. SEC. 7. No judge shail preside on the trial of any cause in thu event of which ho may bo in? terested, or where either of tho parties shall bo connected with him by affinity or consanguni ty, within such dogrocs as may bc prosenbod by law, or in which he may have been counsel, or have presided in any inferior court, oxcept by consent of all thc parties. In case all or any ol the Judges uf thc Supremo Court shall bo thus disquabliod from presiding ou auy causo or causes, tho court or tho judges thereof shall certify the sanio lo the Governor of the State, aud ho Bhall immediately commission, special? ly, tho requisito number of men of law knowl? edge for tho trial and determination thereof. Tho same course shall bo pursued in tho cir? cuit and inferior courts as proscribed in this section lor cases of tho Supremo Court. SEC. 8. There shall be appointed by the Judges of tho Supreme Court a reporter and clerk of said court, who nliall hold meir offices two years, and whoso duties and compensation shall be prescribed by lav:. SEC. 9. Thc Judges ot tho Supreme Court shall give their opinion upon importaut ques? tions of constitutional law, and upon solemn occasions when required by tho Governor, the Sonato, or tho House of Representatives; and all such opinions shall be published in connec? tion with tho reported decisions of said court. SEC. 10. When a judgment or decrco is re? versed or affirmed by the Supreme Court, every point made aud distinctly stated in writing in the cause, and fairly arising upon the record ol' the case, shall be considered and decided: and the reasons therctor shall be concisely and briefly stated in writing, and preserved with the records of tho case. SEC. ll. Tho Judges of thc Supremo Court and Circuit Courts shall, at stated times, re? ceive a compensation for then* services, to be fixed by law, which shall not be diminished du? ring their continuance in office. Tbey shall not be allowed any fees or perquisites of office, nor bold any other office of trust or profit un? der this State, the United States, or any other power. SEO. 12. No person, i hall be eligible to ti office of Judge of the I Supreme Court or Ci c nit Courts who is not at the time of his ele lion a citizen of the Ur ited States, and has n attained the age of t ?irty years, and been resident of this 8tate for fire years next pr ceding his election, or from the adoption this constitution. SEO. 13. All vacancie s in the Supreme Cou or other inferior trit unala shall be filled 1 election; Provided, H at if the unexpired ter does not exceed one yea, such vacancy may I filled by Executive appointment. All Judge by virtue of their offi :e, shall be conservite: of the peace througho.it the State. SEC. IL In all cases decided by the Supren Court, a concurrence of two of the Judge shall be necessary to a decision. SEC. 15. The State sb all be divided into con v i nient circuits, and for each circuit a jud? shall be elected by the nullified electors thereo who shall hold his o nce for a term of foi years, and during hit; continuance in office li shall reside in the eire ii t of which he is judgi SEC. 16, Judges of the Circuit Courts sha interchange circuits with each other in sue manner aa may be determined by law. Sea 17. The Courtt of Common Pleas sha have exclusive jun-.< .iction in all cases of d vorce, and exclusive original jurisdiction in a civil cases and ac ti or s ex delicio, which sha not be cognizable before Justices of the Peace and appellate jurisdiction in all such case as may be provided ly law. They shall hav power to issue writs of maiidamus, prohibiter sctre facias, and all other writs which may b necessary for caryin, : their powers fully int effeot. SEO. 18. The Court of Common Pleas sha] sit in each Judicial District in this State at leas twice in every year, ft such stated times ara places as may be ai pointed by kw. It sha) nave full jurisdictiot. in all matters of equity but tho courts heret ofore established for tha purpose shall contint e as now organized un tn the first day of Januiry, one thousand eight hundred and sixty-niae, for the disposition o causes nowjpending therein. SEC. 19. The General Assembly shall provid by law for the preservation of the records o the Courts of Equity , and also for the transfe; to the Court of Common Pleas and Probat? Courts for final de euron of all causes that ma; remain undetermined 1. SEO. 20. The Court of General Sessions sbal have exclusive jurisdiction over all crimina oases which shall not be otherwise providec for by law. It shall Mt in each Judicial Districi in the State at least : hr ee times in each year at such stated times and places as tha Genera Assembly may diroc... SEO. 21. The quoined electors of each judi? cial district shall elect three persons for the term of two years, vho shall constitute a Dis? trict Court which shall have foil jurisdiction o vor roads, highways, femes, bridges, and in all matters relating to taxes, disbursements ol money for district p ?rposes, andin every other case ?hatmay be ne. essary to the internai im? provement and local concerns of the respective districts. SEO. 22. A Court of Probate shall be estab? lished in each judici al district, with j urisdiction in all matters test?taentry and of administra? tion, in business ap] lertaining to minors and the allotment of dowerin cases ofidio tey and luna? cy, and persons non compos mentis. The fudge of said court shall be elected by the qualified electors of the respective districts for the term of two years. SEO. 23. A competent number of Justices of the Peace and Constables shall be chosen in each district by thc qualified electors thereof, m such manner as ;he General Assembly may direct; they shall -?old their offices for a term }f two years, and until then? successors are sleeted and qualifit d. They shall reside in the lis trie t, city or be at, for which they are elect id, and the Justices of tho Peace shall Decom? missioned by the Governor. SEO. 24. Justices of the Peace, individually. }r two or more of -hem jointly, as tbe General assembly may direct, shall have original juris liction in cases of bastardy, and in all matters }f contract, and lotions for the recovery of Ines and forteitur ss where the amount claimed loee not exceed one hundred dollars, and auoh jurisdiction as mar be provided by law in ac? tions ex delicio, v hero the damages claimed iocs not exceed one hundred dollars ; and prosecutions for assault and battery and other penal offences les s than felony, punishable by ines only. SEO. 26. They may also sit as examining jo ur ta, and com) ait, discharge, or recognize persons charged trith offences not capital, sub? let to such regul itiona as the General Assem? bly may provide; they shall also have power to bind over to keep the peace, or for good beha? viour. Foi the foregoing purposes they shall lave power to iss ie all necessary process. SEC. 26. Every action cognizable before J as? nees of the Peaco, instituted by summons or Tarrant, shad be brought before some Justice >f the Peace in -he district or city where the lefendant resider-, and in all such causes tried jy them, the rig at of appeal shall be secured inder such rule a and regulations as may be crovided by law. SEO. 27. The Judges of Probate, District 3our t Judges, Ju s tices of the Peace, and Con? stables, snail receive for their services such compensation and fees as the General Assem jlv may from tin ie to lime by law direct. SEO. 28. No person who has arrived at tho ige of seventy years, shall be appointed or sleeted to, or shall continue m the office of judge in this Sci te. SEO. 29. Judges shall not charge juries in re? spect to mattern of fact, but may state the testimony and declare the law. SEO. SO. There shall be elected in each Judi? cial District, by the electors thereof, one clerk for the Court of Common Pleas, who shall hold ais office for the term of three years, and until Iiis successor t ball be elected and qualified. Se shall, by virtue of bis office, be clerk of all }ther courts of record held therein; bat the General Assembly may provide by law for the election of a clerk, with a like term of office, for each or any other of the courts of record, iud may authorize the Judge of the Probato Court to perform the duties of clerk for his court, under ai ch regulations as the General assembly may direct. Clerks of courts shall bo removable ter such cause, and in such man? ner as shall be prescribed by law. SEO. 31. Theio shall be an Attorney-General for the State, who shall reside at the seat ot government, and shall perform such duties as may be prescribed by law. He shall be elected by a joint vote of both branches of the General Assembly for the term of two years, and shall receive for bis services a compensation to be tlxcd by law. tito. 32. There shall be one Solicitor for each circuit, who snail reside therein, to bo elected by the qualified electors of the circuit, who shall hold his office for the term of four years, and Bhall receive for bis services a compensa? tion to bc fixed by law. In all cases whore an attorney for the State, of any circuit, fails to ittond and prosecute, according to law, the court shali heve power to appoint an attorney oro tempore. SEO. 33. The qualified electors of each dis? trict shall elect a Sheriff, a Coroner, and a Dis? trict Surveyor, for the term of two years, and tint:1 their successors are eleotedand qualified; they shall bc commissioned by the Governor, reside in their respective districts during their continuance in office, and be disqualified for the office a second time, if it should appear that they or either of tho.n are in default for monies collected by virtue of their respective offices. SEC. 31. AT. writs andajtocess shall run, and all prosecutions shall be conducted in the name bf tho State of South Carolina; all writs shall be tested by the clerk of the court from whi>-h choy sholl be issued; and all indictments shall conclude ag linst the peace and dignity of the State. SEO. 35. The General Assembly shall provide by lawlor the speedy publication of the decis? ions of the 3uprame Court made under this constitution. ARTICLE -. J?EI6PB?DENCE. SEC. 1. Tbe General Assembly shall pass such laws an. may be necessary and proper, to decide differences by arbitrators, to be ap? pointed by the parties who may choose that summary mode of adjustment. SEC. 2. It shall be the duty of the General Assembly to pass the necessary laws for the change of "enue in all cases, civil and crimi? nal, over wlich the Circuit Courts have origi? nal jurisdiction, upon a proper showing, sup? ported by affidavit, that a fair and impartial trial cannot; be had in the District where such trial or pro secution was commenced. SEC. 3. a he General Assembly, at its first session aft jr the adoption of this constitution, shall maks provision to revise, digest, and arrange, andar proper heads, the body of our laws, civil ind criminal, and form a penal code, founded upou principles of leformation, and have the Slime promulgated in Buch manner as they may direct ; and a like revision, digest and promulgation shall be made witton every subsequert period of ten yearn That justice shall be aelministered in a uniform mode of pleading, without distinction between law am equity, they shall provide for abolishing thi distinct forms of action, and for tbatpurpo? shall appoint some suitable person or persons whose duty it shall be to revise, simplify, an? abridge the rules practice, pleadings, ant forms of the court now in use in this State. ARTICLE -. MPBtEHT DOMAIN. SECTION 1. The State shall have concurrent jurisdiction 01 all rivers bordering on this State, so far as such rivers shall form a com? mon boundary to this and any other. State bounded by the same; and the;, together wits all other navigable waters within tbs limits ol the State, shall be common highways, and for? ever free, as well to the inhabitants of this State as to the citizens of the United States, without any tax or impost therefor. SEC. 2. The title to all lands and other pro? perty, which have heretofore accrued to thia State by grant, gift, purchase, forfeiture, es? cheats, or otherwise, shall vest in the State of South Carolina the name, as though no change had taken place. SEO. S. The people of the State, in their right of sovereignty ara declared to possess the ultimate property in and.to ali lands with? in the jurisdiction of the State ; and all lands, the title to which sh all fail from defect of heirs, shall revert; or escheat to the people: ' ABHOLE-. IMPEACHMENTS.- - SEC. 1. The House of Eepresenoatives shall have the sole power of impeachment. A vote of two-thirds of all the members elected shall be required for an impeachment, rind any offi? cer impeached, shall thereby be suspended from office until judgment in the case shall have been pronounced. SEO. 2. All impeachments shall be tried by the Senate, and when sitting for that purpose, they shall be under oath or affirmation. - No person shall be convicted exoep; by'vote of two-thirds of all the members elected. When the Governor is impeached, the Chief Jost ice of the Supreme Court, or the senior Judge, shall preside, with a casting vote in all prelim? inary questions. SEO. 8. The Governor and all other execu? tive and judicial officers, shall be liable to.im? peachment ; but j udgment in such case shall not extend further than removal from office. The persons convicted, shall nevertheless1, be liable to indictment, trial and puaiahment ac? cording to law. , SEO. 4. For any wilful neglect of duty, or other reasonable cause, which shall not be suf fient pron id of impeachment, the Governor shall remove any executive or judicial officer on the address of two-thuds of each House of the General Assembly. Provided, That tho cause, or causes, for which SP?U removal may be required, shall be stated at length in such address, and entered on tho journals of each House. And provided further, That the offi? cer intended to be removed shall be notified of such cause, or causes, and shall be admitted to a haaring in his own defence, before any vote for such address ; and in all oases, the vote shall be taken by yeas and nays, and be entered on the journals of each tense respect? ively. ' cn nt REPORT OF THE COMMITTEE ON EDUCATION, THE ENCOURAGEMENT OF LTTEHATUBE, ETC Whereas, we hold these statements r as axioms: that education is knowledge; that knowle dire is power; that knowledge rightly applied is the best and highest kind of power; that the general and universal diffusion of edu? cation and intelligence among the people ia the surest guarantee of the enhancement, increase, purity and preservation of the great principles of republican liberty; therefore it shall be the duty of the General AsBemblie?, in all future periods of this Commonwealth, to establish, provide lor, and perpetuate a liberal system of free publio schools, to cherish i ho interests of literature and the sciences, and all seminaries and public schools, to encourage private and public institutions, rewards and immunities for the promotion of agriculture, arts, Commerce, trades, manufactures, and natural history of the country, to countenance and inculcate the ?irinciples of humanity and general benevo enoe, public and private enanty, industry and economy, honesty and pnnctuallty, sincerity, sobriety and all social affections and generous sentiments among thopoople. SEC. 1. The supervision ot public instruction shall >e vested m a State Superintendent of Education, who shall be elected hy the qualified electors jf the State in such manner as the Leg? islature shall provide; his powers, duties, term of office and compensation shall be defined by the General Assembly. SEO. 2. Theve shall be elected biennially, in each district jr county, by thc qualified electors of each district or county, ona School Commis? sioner; said Commissioners to consti tut o a Stats Board ol'Education, of which the State Super? intendent shall, by var tue of his office, be chair? man; the powers, duties, aud compensation of the members ot said Boardshall be determined by law. SEC. S. The General Assembly shall, as soon as practicable after tho adoption of this con? stitution, provide for a liberal und uniform sys? tem of free public schools through out the State, and shall also make provision lor the division of the State into suitable nchool districts. There shall be kept open at least six months in each year one-or moro schools in each school district. .. i SEO. 4. It shall be the duty of the General Assembly to provide for the compulsory attend? ance, at either publio or private schools," of all children between the ages of six and sixteen years, not physically or mentally disabled, for a term equivalent to twenty-four months. . SEO. 5. The General Assembly shall levy at each regular session alter the adoption of this constitution an annual tax on all taxable prop? erty throughout the State for the support of public schools, which tax shall bo colleoted at the samo time and by the same agente as the general State levy, and shall be paid inio.the treasury of the State. There shah bo assessed on all taxable polls in the.-S tate an annual tax of one dollar on each poll the proceeds of which tax shall be applied solely to educational pur? poses. No other poll or capitation tax shall be levied in the State, nor shall the amount as? sessed on each poll exceed the limit given in this section. The school tax shall be dis tributed among the. several school districts of tho State, in proportion to their respective population be? tween the ago of a ve and twenty-one years. No religious sect or sects shall have oxclusiveright to, or control of any part ot the school funds of the State, nor shad sectarian principles be taught in the public schools. SEC. 6. Within five years after the first regu? lar session ol the General Assembly, following the adoption of this constitution, it shall be the duty of thc Geueial Assembly to provide for the establishment and support of a State Normal School, which shall be open to all persons who may wish to become teachers. SEC. 7. Institutions for the benefit of all the insane, blind and deaf and dumb, and such other benevolent institutions as the public good may require shall bo established and supported by the Stale, subj cc ? to such regula tiona as may be proscrib d by Jaw. . SEC. 8. Provisions shall be mado by law, as soon as practicable, for the establishment and maiutenanco of a 3tau> Beform School for Ju? venile offender:;. SEO. 0. The respectivo districts or oounties of the State sbaU make provisions, as may be determined by law, for all those inhabitants who, by reason of ago and infirmities, or misfor? tunes, may have claim upon the sympathy and aid of society. SEC. 10. Tho General Assembly shall provide for the maintenance of the State University, and, as soon as practicable, provide for the establishment of an agricultural college, and shall appropriate tho loud donated to this State for the support of such a college by the act of Congress, passed July 2, 1868, or tho money or scrip, as the case may bo, arising from the sale of said lands, or any landa which may hereafter be granted or appropriated for such purposes, for the ?upport and maintenance of such coilege, and may make the same a branch of the State University, for instruction in agri? culture, tho mechanic arts, and the natural sei?aees connected the ewith. SEC. ll. All thc put lie schools, college and universiliea of this St.-te, supported by th? public funds, shall bo freo and open to all the chddren and youths ot the State, without re? gard to race or color. SEC. 12. The piocecds of all hinds that have been or hereafter may be granted by the Unit? ed States to this ?state, and not otherwise ap? propriated by this State or the United States, and of all Linds or other Droporty given by in? dividuals, or appropriated* hy the State for like purpose, and of all estates of deceased persons who have died without leaving a will or heir, shall be securely invested and saciealy preserv? ed as a State school fund, and tho annual in? terest and income of said fund, together with such othar means as the General Assembly may provide, shall be iatiLfally appropriated for the purpose of establish Ky and maintaining free public schools, and for no other purposes or uses whatever.