The daily phoenix. (Columbia, S.C.) 1865-1878, April 19, 1868, Image 1
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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