The daily phoenix. (Columbia, S.C.) 1865-1878, March 13, 1868, Image 1
' THE DAILY KPHCENIX.
Daily Paper $8 a Year. "Let our Just Censure J<^!3l^?S85?jS^ Attend the True Event." Tri-Weekly $5 a Year
BY JULIAN A. SELBY. COLUMBIA. S. C., FRIDAY MORNING, MARCH 13, 1868. VOLUME III-NO. 30?r
THE PHOENIX.
?UHLIHHED DAILY AND TB I-WEEKLY.
THE GLEANER,
EVERY WEDNESDAY MOHNIN'O.
SY JULIAN A. SELBY,
EDITOB AND PllOPHIF.TOn.
Office on Main-street, a few doors above
Taylor (or Camden) street.
TER MS-IN A ? VA NCE.
SUB8CBIPTION.
Dailv paper, six months.ti 00
Tri-Wtekly, M " . 2 50
Weekly. " " .1 50
ADVERTISEMENTS
Inserto.! at 75 cents per square for the first
Insertion, and 50 cents for each subsequent.
Weekly 75 centB each insertion.
0" A liberal discount made on the above
rates when advertisements are inserted by
the mouth or year. ? ,
AO EN TR.
Lexington-B. J. Hayes.
t?partanburg-Hiram Mitchell.
J. R. Allen, Cheetor.
Julius Poppe, Anderson C. H.
8. P. Kinard, Nowborry C. H.
James Graut, Union.
J*. M. Allon, Greenville.
The Constitution.
The following is the legislative
article, which has passed its third
reading:
ARTICLE IL
LEGISLATIVE DEPARTMENT.
SECTION L Tho legislative power
pf this State shall be vested in two
distinct branches, one to bo styled
the .'Senate," and the other the
"House of Representatives," and
both together tho "General Assem?
bly of the State of South Carolina."
SEO. 2. The House of Representa?
tives shall be composed of members
chosen by ballot every second year,
by the citizens of this State, quali?
fied as iu this Constitution is pro?
vided.
SEC. 3. The Judicial Districts shall
hereafter be designated as Counties,
and the boundaries of tho several
Counties shall remain as they are
now established, except the County
of Pickens, which is hereby divided
into two Counties, by aline leaving
the Southern boundary of the State
of North Carolina where the .White
Water River enters this State, and
thence down tho oentre of said river,
hy whatever names, known, to Rave
nel's Bridge, on Seneca River, and
thenoe along tho ceutro of the road
leading to Pendleton village, until it
intersects the line of the County of
Anderson: oud the territory lying
East of said line shall be kuown as
the County of Pickeus; and the ter?
ritory lying West of said lino shall
bo known as the County of Oconee:
Provided, That tho Legislature shall
have the power at auy time to organ?
ize now Counties, by changing the
boundaries of any of the old ones;
but no new County shall bo hereafter
formed of less extent than C25 squure
miles, nor shall any existing Counties
be reduced to a less extent than 625
square miles. Each County shall
constitute oue election district.
SEC. 4. The House of Representa?
tives shall consist of 121 members, to
be apportioned among tho several
Couuties according to tho number of
inhabitants, contained ia each. An
enumeration of the inhabitants for
this purpose shall bo made in I860,
and again iu 1875, aud shall be mado
in the course of every tenth year
thereafter, in such manner as shail bo
by law directed; and representatives
shall bo assigned to tho different
Counties io the, above mentioned
proportion, by Act of the General
Assembly, at tho session immediately
succeeding overy enumeration: Pro- \
zidcd, That B&ul Lite-next apportion?
ment which shall be made upon tho
next enumeration shnll take effect,
tho representation of the several
Counties, as herein stated, shall be
as follows: Abbeville, 5; Anderson,
8; Barnwell, G; Beaufort, 7; Charles?
ton, 18; Chester, 3; Clarendon, 2;
Colleton, 5; Chesterfield, 2; Darling?
ton, 9; Edgefield, 7; Fairfield, 3;
Georgetown, 3; Greenville, 4; Horry,
2; Kershaw, 2; Lancaster, 2; Lau?
rens, 4; Lexington, 2; Marion, 4;
Marlboro, 2; Newberry, 3; Ooonee,
2; Or. .geburg, 5; Pickens, 1; Rich
laud, 4; Spartanburg, 4; Sumter, 4;
Union, 3; Williamsburg, 3; York, 4.
SEO. 5. If tho enumeration herein
directed shall not be made in the
course of the year appointed for the
purpose, it shall be tho duty of tho
Governor to have it effected as soon
thereafter as shall be practicable.
SEC. 6. In assigning representa?
tives to the several Counties, the
General Assembly shall allow one
representative to every ono hundred
and twenty-fourth part of the whole
number of inhabitants in the State:
Provided, That if in the apportion?
ment of representatives any County
shall appear not to be entitled, from
its population, to, a representative,
such County shall nevertheless send
one representative; and if there be
still a deficiency of the number of
representatives required by section
four of this article, such deficiency
shall be supplied by assigning repre?
sentatives to those Connties having
tho largest surplus fractions.
Sto. 7. No apportionment of rep?
resentatives 8hnll be construed to take
effect, in any manner, until the geno
ral election which shall succeed such
apportionment.
SEC. 8. The Senate shall be oom
posed of one member from each
County, to be elected, for the term
of four years, by the qualified voters
of the State, in the same manner in
which members of tho House of Rep
resentatives are chosen; except thc
County of Charleston, which shall bc
allowed two Senators.
SEC. 9. Upon the meeting of thc
first General Assembly, which shal
be chosen under the provisions o
this Constitution, the senators shal
be divided, by lot, into two classes, ai
nearly equal ns may be; tho seats o
tho senators of the first class to bi
vacated at the expiration of two yean
after the Monday following tho gene
ral election, and of those of thi
second class at the expiration of fou
years, so that, except us above pro
vided, one-half of tue senators ma;
be chosen every second year.
SEC. 10. No person shall be eligibl
to a seat in the Senate or House o
Representatives, who ot the time o
his election is not a citizen of th
United States; nor any one who lin
not been for one year next precedin,
his election a resident of this State
and for three months next precedin
his election a resident of the Count
whence he may bo chosen, nor an
ono who has been convicted of an it
famous ci inie. Senators shall be t
least twenty-five, and representative
at least twenty-one years of age.
SEC. ll. The first election for sont
tors and representatives, tinder tb
Ero visions of this Constitution, sha
e held on the 14th, 15th and 16th <
April of the present year; and tl
second election shall be held on tl
third Wednesday in October, 187?
aud forever thereafter on the san
day in every Second year, in sue
manner and at such places as tl
Legislature may hereafter provid
[This section has had only two reai
ings, and its further consideratic
has been postponed until the reniai
ing provisions of the Constitntic
shall have been adopted.l
SEC. 12. Tho first session of. .tl
(hnieral Assembly, after tho rat Hie
Hon of this Constitution, shall 1
convened on tho second Tuesdoy
May of the present y eur, in the.ci
of Columbia, (which shall remain ti
sent of Government until otherwi
determined by the concurrence
two-thirds of both branches of t
whole representation,) and thereof I
? on the fourth Tuesday in Noveml
annually. Should inc casualties
war, or contagious diseases, render
unsafe to meet nt the seat of Govoi
ment, then the Governor may,
proclamation, appoint a more sect
and'convenient place of meeting.
SEO. 13. The terms of office of t
senators and representatives cho:
at a general election, shall begin
the Monday following such electii
SEC. 14. Each House shall juc
of the election return? and qnalifi
tions of its own members, and a i
jority of each House shall oonstit
a quorum to do bnsiness; but
smaller number may adjourn fr
day to day, and may compel the at?
tendance of absent members in such
manner nud under mich ponalties as
maj be provided by law.
SEC. 15. Each House shall choose
its own officers, determine its rules of
proceeding, punish its members for
disorderly behavior, and, with tho
concurrence of two-thirds, expel a
member, but not a second time for
tho same cause.
SEC. 16.. Each House may punish
by imprisonment, during its sitting,
any person not a member, who shall
be guilty of disrespect to the House
by any disorderly or contemptuous
behavior in its presence; or who,
during the time of its sitting, shall
threaten harm to body or estate of
any member for anything said or
done in either House, or who shall
assault any of them therefor, or who
shall assault or arrest any witness or
other persons ordered to attend tho
House, in bis going thereto or re?
turning therefrom, or who Bhall
rescue any person arrested by order
of the House: Provided, That such
term of imprisonment shall not ex?
tend beyond the session of the Ge?
neral Assembly.
SEC. 17. Tho members of both
Houses shall bo protected in their
persons and estates during their at?
tendance on, going to, and returning
from, the General Assembly, and ten
days previous to tho sitting, and ten
days after thc adjournment thereof.
But these privileges shall not be ex?
tended so as to protect any momber
who shall be charged with treason,
felony, or breach of the peaoe.
SEC, 18. Bills for raising a revenue
shall originate in the House of Rep?
resentatives, but may be altered,
amended or rejected, by the Senate;
and all other bills may originate in
either House, and may be amended,
altered or rejected, by the other.
SEC. 19. The style of all laws shall
be, "Be it enacted by the Senate and
House of Representatives of the
State of South Carolina, now met
and sitting in General Assembly, and
by the authority of the same."
SEC. 20. Every sot or resolution
having the f oreo of law shall relate ta
but one subject, and that shall be ex?
pressed in the title.
SEC. 21. No bill shall have the
force of law until it shall have been
read three times, and on three several
days in each house-has had the
great seal of the State affixed to it,
and has been signed in the Senate
House, by tho President of the Senate
and tho Speaker of the House oi
Representatives.
SEC. 22. No money shall be drawr.
from tho treasury but in pursuance
of an appropriation made by law
and a regular statement and acoouni
of the receipts and expenditures o
all public moneys shall be published
annually in such manner as may b<
by law directed.
SEC. 23. Each member of the firs
General Assembly under this Consti
tution shall receive six dollars pe:
diem while in session, and the furthe
sum of twenty cents for every mil
of tho ordinu/y route of travel ii
going to aud returning from the plac
where such session is hold, afte
which they shall receive such com
Sensation as shall be fixed by law
bul no General Assembly shall hav
the power to increase tho compenso
tion of its own members. Aud whe
convened in extra session they sha
receive the samo mileage aud pe
diem compensation as are fixed b
law for the regular, session, and non
other.
SEC. 21. In nil fdentinn? hy th
General Assembly, or either Houe
thereof, tho members shall vol
"viva voce," ?nd their votes tht
given shall he entered upon the jon:
nul of tho Houso to which they n
spectively bolong.
SEC. 25. Neither House, during tl
session of the General Assembl;
shall, without the consent of tl
other, adjourn for moro than thn
days, nor to any other place thc
that in which the Assembly shall 1
at tho time sitting.
SEC. 26. Each Houso shall keep
journal of its own proceedings, ai
cause the same to be published ii
mediately after its adjournment, ex?
cepting such parts as in its judgment
may require, eecresy; fandjtho yeae
and nays of the members of either
House, on any question, shall, nt the
desire of any two members present,
be entered on tbe journals.. Any
member of either House shall have
liberty to dissent from, and protest
ngainst, any act or resolution which
he may think injurious to the publie
or to an individual, and Lave the
, reasons of his dissent entered on the
journals.
SEC. 27. The doors of each House
shall be open, except on such occa?
sions os in the opinion of the House
may require secrecy.
SEO. 28. No person sholl be eligible
to a seat in the General Assembly,
whilst he holds any office of profit or
trust under this State, the United
States of America, or any of them,
or under any otber power, except
officers in the militia, magistrates, or
justices of Inferior Gonrts, while such
justices receive no salary. And if
any member shall accept or exercise
any of the said disqualifying offices,
he shall vacate his seat: Provided,
That this prohibition sholl not extend
to the members of the first General
Assembly.
SEC. 29. If any election district
shall neglect to choose a member or
members on the doy of election, or
if any person chosen a member of
cither House shall refuse to qualify
and take bis sent, or sholl resign, die,
depart the State, accept any dis?
qualifying office, or become other?
wise disqualified to hold his seat, a
writ of election shall be issued by the
President of the Senate, or Speaker
of the House of Representatives, as
the case may be, for the purpose of
filling the vacancy thereby occa?
sioned for the remainder of the term
for which the person so refusing to
qualify, resigning, dying, departing
the State, or becoming disqualified,
was elected to serve, or the default?
ing election district ought to hove
chosen a member or members.
SEO. 30. Members ol the General
Assembly and oil officers, before
they enter upon the execution of the
duties of their respective offices, and
all members of the bar, before they
enter upon the practice of their pro?
fession, shall take and subscribe the
following oath:
"I do solemnly swear, (or affirm, os
tho case may be,) that I nm duly
qualified, according to tho Constitu?
tion of tho United Statesand of this
State, to exercise the duties of tho
office to which I have been elected,
(or appointed,) and that I will faith?
fully discharge to the best of my
abilities the duties thereof; that I
recognize the supremacy of the Con?
stitution and laws of the United
States over the Constitution and laws
of any State; and that I will sup?
port, protect and defend the Consti?
tution of the United States and the
Constitution of South Carolina, ns
ratified by the people on the -
day of-, 18G8. So help me God."
fclVnd tho President of this Conven?
tion is authorized to fill the blanks in
this section whenever he shall rcccivo
satisfactory information of tho day
on which this Constitution .shall be
ratified.
SEC. 31. Officers shall be removed
for incapacity, misconduct or neglect
of duty, in such manner as may bc
provided by low, when no modo ol
trial or removal is provided in this
Constitution.
SEC. 32. The House of Representa?
tives shall have the solo power of im?
peaching; bat a majority of ail Lht
members elected must concur in ar
impeachment. All impeachment?
shall bo tried by the Senate; um!
when sitting for that purpose, th<
Senators shall be upon oath, or ailinn
otiou, to do justice according to lav
and evideuce. No person shall b<
convicted without the concurrence o
two-thirds of tho Senators present.
SEC. 33. The Governor, Lieute
nant-Governor and all other civi
officers sholl be liable to impeach
mont for high crimes and misdemenn
ors, for any misbehavior in office, foi
corruption in procuring office, or foi
' any act which shall degrade theil
i official character. B?t judgment in.
such cases shall not extend further
than to removal from offico and dio* ,
.qualification to hold any office o?
honor, trust or profit under this
State. The party convicted shall,
nevertheless, bo liable to indictment,
trial, judgment and punishment ' ac?
cording to law.
SEC. 34. There shall be exempt
from execution or other final process
of any court, issued for the collecting
of any debt, a homestead in the
country consisting of 100 acres, and
the dwelling and the appurtenances
thereon, to be selected by the owner
thereof. And in a city, town or vil?
lage, in lieu thereof, a lot with tha
dwelling and appurtenances thereon:
Provided, that such homestead, either
in a city, town, village or country,
shall not exceed in value $2,uuu.
There shall also be exempt from such
execution or other final process of
any court issued for the collection of
any debt, tho necessary articles of
furniture, apparel,' subsistence and
implements of husbandry, trade, or
other employment to the value of
$500. But no property shall be
exempt from sales for taxes, or for
payment of obligations contracted
for the purchase of said homestead,
or for the erection of improvements
thereon. It shall be tho duty of the
first Legislature, that shall assemble
after the ratification of this Constitu?
tion, at its first session, to pass such
laws as may be necessary to carry this
provision into effect.
SEC. 35. All taxes upon property,
real or personal, shall be laid upon,
the aotual value of the property taxed,
as the same shall be ascertained by?
an assessment made for the purpose -
of laying such tax.
_^ SPECIAL N?T?C?ST"
P A Mi M N 'S HEPATIC it ITT 10 II S a rr
rapidly gaining in pnblio esteem. They
are decidedly the most excellent Vegetable
Tonic yet discovered for tho cure of gene?
ral debility and disorders of tho stomach
or liver. Those who have used them pro -
ii ounce them to bo all that is claimed for
them. For salo by all druggists.
April 12 ny Du. C. H. M10T, Agent.
IT 18 AMAZING-That tho feeble
should totter, with uncertain steps, over
tho faco of tho earth, in danger every day
of falling victims to tho morbid influences
hy which wo are all surrounded, when &
tested and proven vegetable tonic, capable
of endowing them with tho vigor they
need, is procurable in every city, town and
settlement. It might reasonably bs
thought that after the twelve year? expe?
rience WUiob the world has had of HOS
TETTER'S BITTERS, all would know
that its effect is to prevent disease.
At this soason tho atmosphere is sur- -
charged with tho sneds of intermittent?,
remittents, rheumatism, pulmonary dis?
orders, bilious complaints and the nice.
Persons whose nervous systems am re?
laxed are the flr?t to succumb to the.o>
distempers. Rraco up the physical ener?
gies then with this potential vegetable
tonie. It is the most powerful r?cup?rant
which the botanic kingdom has ever
yielded to patient rosearch and experi?
ment. Try it. The blindost disciple of
tho old medical dogmas will at least admit
that a tonic and alterative, compounded
of approved herbs, roots and barks, can
do no harm, while tho testimony of thou?
sands invites a trial of its virtues.
Vigor is tho thing most needed in tneje
cases as well as in dyspepsia and nervous
affections, and Hosteller's Bitters k-the
safest, 'surest and most wholesome
strengthening preparation that human
?kill has yet concocted.
Hundreds of physicians have abandoned
all tho efticinal receipts and prescribed
thia h&?inl?dft tunic &s ? preventive and.
euro for all cases of chills and fever.
March ll _\__<jt_
MARRIAGE ANO CELIBACY.-AN
ESSAY FOB YOUNO MEN on tho Crime of
Solitude, and tho Diseases and Abuses
which create Impediments to Marriage,
with sure means of relief. Sont in sealed
letter envelopes, freo of charge. Address
Dr. J. SKILLIN HOUGHTON, Howard
Association, Philadelphia, Pa.
Feb 1 3mo
Washing Machines and Clothes
Wringers. "
CLOTHE8 WRINGERS and WashiDg
Machines, constantly on hand, and for.
sale, by J. A T. R. AGNEW.