University of South Carolina Libraries
. ? .'. " ?fi V.* - . .*/'. - i*:--, A ~.\\* J. '.. V s- i? A1 ' v.;.',:*... "..jv . / , V . ?? .'. -," . ? ^^^^^wr?^^,>^,v^ , ?? -, . , . ...._, ,.. T., , ., " -,, _____ THE JMLY JM| P HONLL Ditly Paper 98 a Year! "Let oar Jnat Censure ^^?^S^SB^mt^ Attend the Trne Event." Tri-Weokly 85 a Year , BY J?L?AN'?. SELBY. COLUMBIA. S. C., SUNDAY MORNLN&, APRIL 19, 1868. VOLUME I y-NO. 26 THE PHOENIX. , rUBLISUEI? BAI UT ABD TRl-WR?KXY. TEVBIIY WEDNESDAY ?IOBNTNO. BY JULIAN A. SELBY, EDITOR AX? PROPRIETOR, . OrBoe no Main atroet,a lew doors above? Taylor (or Camdenj street. TERMS-IN A JJ VANCE. , suDsi;m?TiO?. , ., " Dauy Tapor, six months.M 00 TrvAVeekly, " ". ? 60 . Weeklyj " " .".......160 Anvr.nrisr.ui-.NTi* . Inserted at 75 cents per square for the flwt , insertion, and 30 cents for each subsequent. Weekly 75 cents caoh insertion. SST A liberal discount vutde on the abona ratet: xch?n advertisements are inserted hi1 :he month or year. AGENTS. Lexington-TL J, li ayes. ' Spartanburg-Hiram Mitchell. J. R. Allon, Chester. Julius Poppo, Auderscu C. H. . S. P. Kinara, Newberry C. H. James Grant, Union. J. M. Allen, Greenville. Thc Tanker Kcgro tonstitatlo??. SEC, 19-r-Of the Declaration of nights, gives Justices of Poaoo juris? diction .of- all offences, less tuan felony, anil in -which the punishment .docs not exceed a fine of ?100, or imprisonment for thirty days. Thia ib a gross invasion of that boast and bulwark of Anglo-Saxon liberty, thc trial by jury- Any one may be ar? rested and "tried summarily" "be . fore a Justice ot the Peace, OT other officer, authorized by law, on inform - atiou nuder oath, without indictment dr intervention of a Grand Jury.' dan any thing be more despotic o? alarming, than the power of an ig? norant, vicious negro Justice to fine and imprison any and every man it the State?. SEO. 21-'Enables the Legislatur? to. authorize and empower any, one, t police or military officer, to suspend the laws of the otate or the executioi of the la wal The Constitution of th? United States limits the snspensioi of the writ of habeas corpus by Con gres8, even to cases of rebellion oi invasion. But here the whole lawt of the State, in timo of peace, maj be suspended by some worthies: minion, authorized by the Legisla ture! i SEC. 25-Authorizes the Qenera Assembly to subject any one to mar tial law, or to thu poins and peualtio of martial law, whenever they thinl proper. This infamous power i given the Legislature under tin guise, too, of protecting persono rights. It seems to have been su g ' gested by the minority of the Sn pre me Court's dissenting opinion ii Milligan'^ case. They held thn ?h^yngross could authorize, thu trial o \W a citizen by a military court. Th framers of this Constitution did no intend to leave tho legislative powe doubtful in this particular. SEC. 28-Clearly and distinotl empowers and authorizes the Lt gislature to keep up and maintain standing army in time of peace This alarming power is given, toe most adroitly, under the pretence that armies being dangerous to libel ty, ought not to bo muiutaiued i time of peaoe "without the censer, of the General Assembly!" Th purpose of this section is to enabl the Legislature "to keep up a regnh force of five or ten thousand uogi M 'Miers, to suppress and keep iu sui jeetion thc white rnce, after tl United States forces are remove from South Carolina 1 The Const tution of tho United States especial prohibits any State "keeping troo] or .I..r.. o? wm- iu time ot peace But thr; Constitution declares it mi bc done with tho oonsent of the L pi.si ature! SIM:. 2 of ABT. 4-Provides th the Judges of tho Supremo Cou shall bc elected for six years, ai section 13 of the same article ordai that Circuit Judges shall hold the office for "a term of four years This destroys the independence the Judiciary, and makes them p litical partizans, with all the tempi tiona and corruptions of politiciai I ' ' -i-1-' . Io order to secure their re-election, they m?at become? subservient to the Legislature, by whom they are to be re-elected. They will not dare to de? cide au aot of thc Legislature uncon? stitutional, nor will they tenture ta oppose their, judicial opinions to any popular current which may be sweep? ing over the State. Whilst the Judges oi England were in commis? sion during .the pleasure of the Crown, they were always a tyrant's menials. Heretofore the Judiciary of this State elected for life have '. always boon above reproach, and1 their ermine has never been sullied ! with a stain of suspicion. Hence-1 forth the Judiciary of South Caro? lina will be as corrupt and aa sub-, aervient as the radical party itself. SEO. 22-(iivea Justices of the Peaco jurisdiction in oases of bastardy and all contracts and torts as high as One hundred dolli.rs. This will open the flood-gates of litigation and keep the people in constant excitement and commotion. Pettifoggers will spring np all over the State to disturb toe peace and quiet of the communi? ty. Ignorance and prejudice will be .sitting in judgment on the rights and liberties of the people. SEC. '26-Denies tho Judges the right of charging juries in respect to mattera of facts! In most o.ises tried in our Courts, it is absolutely neces? sary for the Judgo to anulyze tho -foote, in order for the juries to pro? perly understand thom and give a oorrect verdict. This will be more imperative hereat ter, when our former slaves shall be sitting on these juries. In a complicated civil case, before a stupid, ignorant jury, under this restrict iou, the trial by jury will be a mockery of jastk-e. SEO. 33-Takes from the Legisla tora all discretion as to the adoption of the proposed amendment of the Federal Constitution, disfranchising the people of South Carolina. This infamous amendment, repudiated by Ohio, California, New Jersey and even Massachusetts, was submitted by Congress to the several State Le? gislatures for their adoption or re? jection, as to them should seem proper. They were to judge of ita merita and decide for themselves. But this Bectiou swears them before hand to adopt it, whether wise or un? wise, just or unjust! . SBC. 34-Declares null and void all contracts for the purchase ol slaves, in violation of the Constitu? tion of the United States, which declares that no State shall pass an j law impairing the obligation cf con tracts. This section was intended ai a fraud aid deception, a bribe, tc induce the people, owing such debts to vote for the Constitution. It is i i nullity, and will be so declared bj tho Federal Courts. But this will b< after the cheat has bud its effect r and accomplished its purpose. Siso. 2 of ART. 8-Enfranchise every male negro over the age o twenty-one, whether a convict, feloi ' or a pauper, and disfranchises ever . white man who has held office ii ! South Carolina. Intelligence, virtu and patriotism are to give place, ii i all elections, to ignorance, etupidit . and vice. The superior race is to b i made subservient to the iuferioi ? Taxation and representation are p i longer to be united. They who ow i no property are to levy taxes, au f make all appropriations. The prc > perty holders have to pay thee . taxes, without having any voice i ? levying them! Tho consequent L will be, in effect, confiscation. Tt - appropriations to support free achoo r for the education of negro childrei i for the support of rd<i negroes iv tl ' poor houses, and the vicious in jni r and penitentiary, together with - standing army of negro soldiers, wi bo crushing and utterly ruinous t the State. Every man's proper t will have to be sold to pay his taxe J SHG. 8-Expressly prohibit? tl s Legislature passing any law depri r ing a convict of larceny of the rig " of suffrago. It waa apprehended th f in a few years a large proportion i- the negro voters might be convict ,- of larceny, and the radical pai i. thereby shorn of their strength in elections. Bat is it not most shame fn), that in forming a Constitution, care shpnld bc taken to prevent rogues from being disfranchised, whilst the same caution is exercised to exclude the most intelligent, virtuous and patriotic from fcb..rright ofenftrage! It would seem that the purpcjse of the framers of this Con? stitutum was to found a community of rogues and paupers in South Caro? lin al And so astute have they been in carrying out their purpose, that they provide in section 12 that all who have already been convicted of felony shall be allowed to vote. SEC. 2 of AET. 9-Prohibits the Legislature from levying a poll tax of moro than one dollar on each par-, son, and declares that this tax snail be applied . exclusively to the publio school fund? And no additional poll tax shall bo levied by any municipal corporation. In other Words, the' property must " pay all the taxes Of the Government, and persons shall pay nothing for their protection of life and liberty. The idea 1B that vagrants ?nd rogues are to be a sort of noblesse, exempt from taxation, as ?was the case of the aristocracy in France previous to the French Kevo lution. In order to securo the school fund, section 15 authorizes the Legisla? ture to pnnish those who may em? bezzle it, by declaring them disquali? fied for holding any office of honor or emolument in this State. But,, then, true to their purpose of vesting all political power in the hands of such persons, it provides in the same section, that the General Assembly, - "by a two-thirds vote, may remove the disability upon payment in foll of the principal and interest of the sum embezzled- " If a man hos stolen money from the public, he may still hold office under the Government, if he will "give up like a gentleman," the money stoical ! SEC. 16-Provides that no debt contracted by this State in behalf of the late rebellion, in whole or in I part, sholl ever be paid. Why should [ the non-property holding negroes, Yankees ona Southern renegades in I the Convention prohibit the property 1 holder from paying these debts if I they see proper to do so, and pre I serve untarnished the honor of their I State. This war debt was contracted ' with honest creditors, many of them widows and orphaus, and why should it not be paid? The property hold? ers, who assembled iu Convention in j 1865, and who would have to poy this deht, never thought of repudiat? ing it. SE<\ 3 of ART. 10-Establishes a I uniform system of free public Bchoola ! throughout the State, and provides for the division of the State into school districts. This will do very well in New England, where they have a denso population, but is whol? ly unsuited to the spars? population of South Carolina. In many of tho school districts, four miles square, there will not be a child to be edu? cated. In a majority of them there will not be children enough to make a respectable school. The expense of snch a system will be at least SI,000,000. It contemplates and forces the education of the white and black children in the same school. This, no one, who has any regard for the morals, mannors and future re? spectability of his children, will tolerate. They who are able may employ privato tutors for their sons and daughters, but tho poor children will have no alternative but to go to these schools or be uneducated. SEC. 4-Makes it compulsory for zll children bottfscn thc ag?6 o? ?ix and sixteen to attend school for two years. Tho compulsory system may suit the genius of a despotic Govern? ment like Prussia, but is ot war with the spirit of our freo institutions. There are many parents who are not able to spare the services of their children ut home, and many Others who are not in o condition to finnish their children with suitable cliches and books for their attendante at these schools. At least a pj?fcent ahonld bo permitted, in a freeV-Tte i publican country, to govern his?wn household and determine for himself . what is best for him to do. In order to support these schools,. a pol] tax of one dollar por head is to be le ? i ed, whioh might raise $100,000. This would leave 8900,000 to be paid by taxation of property. . . SEO. 8-Provides for the establish? ment of State reform schools for juvenile offenders. This ia a new system to bo introduced in South Carolina, and of very doubtful policy. It will certainly add hundreds of th o vt snr. is of dollars to our taxation. All the public schools, colleges and universities in .tho State are by sec? tion 10 to be free and opou to all tho children, without regard to race or color. There seems to be a studied design throughout all the provisions of this most infamous Constitution to degrade the white race nu d el o va te the black race, to force upon ns social as well as political equality and bring about au amalgamation of races. Ssa 5 of AKT. ll-Forces each County to provide for the support of the aged, infirm and unfortunate. It does not require children to support their aged, infirm -or unfortunate parents, nor parents to provide for their children, but this heavy and most enormous burden is to be thrown on tho publio and provided for by taxation. Heretofore South Carolina has pur? sued a wise policy in refusing all divorces. The marriage contract is not like that of any other, which the parties may rescind at pleasure, with? out injury to society. There is a third party-innocent and helpless ! children-who are deeply interested in all divorces. Moreover, it tends to demoralize every community whero it is allowed or tolerated. Bat sec? tion 4 gives tho Courts power to j grant divorces. This section was intended, perhaps, for the especial ! benefit of the negroes. It ought also to have legalized polygamy, which has likewise great favor with this class of people. The settlement of a wife's pro? perty, provided for in Seotion 8, might have been left to the discre? tion aud wisdom of the Legislature. lt is an experiment, and if found mischievous or unwise, the Legisla? ture onght to have the power of changing or altering the law. But this ordinary net of legislation has been incorporated in theCoustitution ? as a fundamental law, not to be re? pealed. Attached to this Constitution, are several ordinances, and amongst I them one which repudiates all pledges I of fuit h and credit, on the part of the i State, to any corporation or private individual, made since 1860. The honor and credit of South Carolina, her good faith and most solemn pledges, are thus treated as of no consideration whatever. ? But this ordinance is on a par with that dis? honor, despotism, and unscrupu? lous extravagance, which pervade thc wholo Constitution, and are worthy of tho infamous source whence the instrument has its origin. The ordinance to create a Board of Land Commissioners, authorize? tho purchase of lands for the pur? pose of selling them out in small traots to purchasers on credit. This wild and ruinous scheme is, likewise, for tho negroes, and is likely to bene? fit no one, except the land commis? sioners and their friends. State stocks aro to be issued for tho purpose of purchasing these lands. They may bo sold, but the purchasers will I never pay for thom, and tho lost i will ultimately fall upon the State, j Did any one over beforo hear of sc many effective provisions for squan? dering public money, when the whole State, and all tho people in it, are reduced to bankruptcy and poverty ? Well may those, who have nothing and pay no taxes, pr?vido for these vast expenditures of public funds, after appropriating to themselvei eleven dollars per day and mileage and dividing out all tho offices of th< State. They have appropriated tt themselves every office except that o Governor, which they generously bestowed on acitizeu of Ohio. Som? are to bc United States Senators members of Congress, Secretary' of 3 State, Adjutant and Inspector-Gen? eral, Seo., Ac. others are to fill Dis? trict offices, and the remainder be? come members of the Legislature. If this Constitution was all that virtue, intelligence- and patriotism could desire, no sensible and honora? ble mau could vote for it, on account of the usurped and polluted source whcndA it sprang. Without excep? tion, the Convention was composed of renegade Southern whites, Yankee adventurers and negroes, represent? ing only tho colored population of the State. It must remain in all time to.come, a badge of South Caro? lina's disbmor and' degradation, and especially the dishonor and infamy of every one who Votes for its ratifi? cation. It will be a brand of infamy which will stick to hi? descendants in the third and fourth generation. We should not despair, however, although this black Constitution, may be saddled on us. It is impossible: that euch a Government can continue, and the day must come, when the State will be redeemed from radicalism by the virtue, intelligence, patriotism, and manhood of her sons. B. F. FERRY. SPECIAL NOTICES. .. YOU MAY BE TOO LATE.-Bo warned in time. Diseaaes like Indigestion and Dyspepsia aro not to bo trifled with.. There is such a thing as being too late in these matters. ' Inflammation, or Scirrhus Cancer, or some other dangerous disease*, may ensue, when all restoratives, no mat? ter how potent, would be ineffectr al. Do not delay, then. When the,symptoms Of Dyspepsia are first experienced, resort afc oneo to the great restorative modioino,. HOSTETTEB'S STOMACH BITTE RS, andi you will be safe. But raw disorders involve greater Buller? ing, and,' if not in itself immediately dan? gerous, it ls the source of many deadly maladies. Even if it did not tend tc greater evil, the mental and , physical' misery it produces is alone a sufficient reason why no pains should be spared tc ?trovent or cure it. ' In no country on the ace of tho globe is it so completely do? mesticated as ia our own, where it is found in nearlv every household. HOS? TETTEB'S STOMACH BITTEBS aro uni? versally conceded to bo the sovereign remedy for this annoying disease, os they act directly upon the digestivo organs., correct and tono the stomach, and give ; renewed vitality to the system. Acting I delightfully upon the nerves abd soothing I the brain, renders them efficacious as & meut al medicine, as well as a genial uto maohic. If taken as a preventive, they will bo found particularly well suited tc the disoases arising from tho unhealthy season of autumn, and their use will pre? vent tho creeping, unpleasant sensation often complained of when the chills are stealing slowly upon the patient. April 15 _f g KARRI A GR AND CE LIU AC Y.-AN ESSAY FOB YOUNO MEN on the Crime of Solitude, and tho Diseaees and Abases which create Impediments to Marriage, with sure means of relief. Sent iu sealed letter envelopes, free of charge. Address* Dr. J. SKELLIN HOUGHTON, Howard Association, Philadelphia, Pa. Febl_'_ . Spring and Summer Fashions. JUST received, at tho "Industrial De? pository," Madame Dcroorest'a Bulle? tin of Ladle?' and Children's Fashions, This plate of fash inn ie elegantly colorod, and has with it a book of description and valuable information, together with a fall ; assortment of Patterns for ladies' and' children's drosses, caps, sacques and suits. Call, ladies, and asttiut tho needy, by purchasing our patterns. All orders fror: the country promptly attended to. April 17_,. Alcohol, Kerosene, &c. jr EELS. 05 degree ALCOHOL. *J 10 bbls. No. 1 Keroaene Oil, non-ex? plosive, 5 bbls. Spirits Turpentine, 100 ounces Quinine. For sale to Drug? gists and dealers, at low price, by F1SHEB AHEIN?T8H, april Sf_'___Druggists. FRESH CRACKERS. MUSnilOOM, Soda, Trenton Batter, lea Crackers, Jumbles, kc, for sal? bv OEO. SYMMEB8. 'Fob 2*_ Cuba and Muscovado Molasses. I -i /"V H H DM. of primo quality, for sal? I lVJ low by E. A O. D. HOPE. 1 March 10