Historical Newspapers of South Carolina

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COLUMBIA, S. C. Tneslay Mominpr, February 9, 1869. The Proposed Suffrage Amendment lo the Constitution. It is probably u fair estimate that, within the last throe years, nearly 100propositions have been offered in Congress to amend the Constitution. In matters affecting the or? ganic law the mode of accompli hing changes, provided bj itself, article five, is when two-thirds of both houses shall pro? pose amendments, or on the application of two-thirds of the State L?gislatures, Con? gress shall call a Convention for proposing amendments, which in either case, shall be T<-?1 id as purl of the Constitution when rati? fied by the Legislatures of three-fourths of the several States, or by convention, in three-fourths thereof. In modeling onr own after English institutions, this was ne? cessarily a prominent point of difference, inasmuch as in Great Britain the supreme legislative power resides in the crown and in Parliament, whereas it is not confided to Congress by the founders of the Constitu? tion. We substituted an elective chief magistracy for a limited term for an heredi? tary sovereign; adopted a parliament called Congress, only substituting elective Sena? tors for the Houso of Lords; availed our? selves of the same guaranties for the security of individual and political liberty, and formed our Constitution on thc basis of that unwritten law whioh forms the English Constitution. But, just at this point, it be? came necessary to provide a moans by which the Constitution might be modified iu the event of the people desiring it, and hero is the difference which ought never to bo for? gotten, viz: That in Great Britain, tho su premo legislativo power resides in Parlia? ment, and no difficulty of the constitutional character of any law can arise, because Par? liament can effect whatever changes it thinks proper, altering, for example, as it did lust year, the basis of parliamentary representation throughout the kingdom, by disfranchising particular boroughs, and de? priving ninny of tho constitution privileges they had hitherto enjoyed. In our own country, on tho other hand, Congress was entrusted with tho duty of legislating for tho whole country on the basis of tho Con? stitution, but its enactments could be called in question on the ground that they violat? ed the fundamental law, in whioh event thc question was referred for tho decision of the Supreme Court, or if a modification of thc Constitution was desired, it could be effected by the means above referred to. In regard, therefore, to the resolution proposing a constitutional amondment re specting suffrage, which passed tho House of Representatives on Saturday last, wo maj say, what wo havo before said, that if Con gross must have such a measure as that pro posed in the amendment, the course adopt ed to effect it is in accordance with thi letter of the Constitution, and in so far as i recognizes that to be the supreme law, is ai improvement upon the modes and agencies ignoring that "obsolete instrument," b^ which Congress has heretofore endeavore< to make itself as supreme over all law as th* British Parliament. At the same time, wi are equally clear in the conviction that th< regulation of suffrage would better be let where the Constitution now leaves it, wit! the States. Tho amendment itself, in th shape in whioh it was adopted, is a violatioi of the spirit, if not of tho form, of the Con stitution. It was designed by the founder of the Constitution that changes should b made in that instrument only in accord ance with the popular will, whereas th Legislatures to whom this ameudment, i adopted by tho Senate, will bc submilte were chosen without any reference to sue a question, nnd it may be moro than double whether tho people, if it had been submittc do them, would have given their conseu1 inasmuch RS n^me of the largest Republics States had refused to adopt colored soffrag in their own Stute by largo mnjoritic Apart from this objection, the nmendmoi practically leaves the Southern States whci they are, only enfranchising the colon men in tho Northern States, colored sn fr.irio in thu Southern States being pracl cally an accomplished fact. We are aware that different views ba bceu expressed as to tho operation ai effect of the. amendment, both upon t! whites of tho South aud upon the blacl On tho ono hand, it is contended that t defeat of Mr. Shellabarger's substitu? which, while prohibiting disfranchiseme on account of race or color, permitted t imposition of tho penalty by States up thoso who were engaged in resistance to t general Government, indicates tho oppo of tho majority of tho House to the eontii anco of proscription, and that tho spii which they manifest, 1ms guided tho cc si ruction of thc amendment. On the otl hand, il mnst be remembered that when Mr. Bingham proposed an amendment provid? ing that white men ia tho Sooth engaged on that side in war should have the right of voting, Mr. Boutwell, tho morer of the proposition which bas been adopted, op? posed Mr. Bingham's amendment, saying be thought it bettor the House should address itself to tho general proposition of confer? ring suffrage upon thoso disfranchised on account of raoo or color, and .vhilo he look? ed forward to the timo when "ex-rebels" would be enfranchised, he rons not prepared to do thal yet. In the same veiu Mr. Sco field, of Pennsylvania, said be believed the people were ready for the question of col? ored suffrage, but as io Mr. Bingham's pro? position to enfranchise tho rebels, they had not thought of that very much. That the question presented affects colored men, and only them, appears plain from a careful pe? rusal of the article proposed for amendment, which is as follows: "ABTIOTIJE -. SEC. 1. The right of any citizen of the United States to voto shall not bo denied or abridged by tho United States, or any State, by reason of race, color or previous condition of slavery, of any citizen or class of citizens of the United States. "SEC. 2. Tho Congress shall have power to enforce, by appropriate legislation, the provisions of this article." The terms of this article, concurring, ns they do, with tho purpose of it as expressed by its author, show that it is only race, color or previous condition of slavery, which, under this article, is not to bo per? mitted to prevent the exclusion of men from voting. As it now stands, tho Southern white man, who should offer to vote nuder Mr. Boutwell's amendment, could bc told, with truth, that it only operated for the benefit of tho classe3 expressly specified in it. And all this in the face of the "uni? versal amnesty" which has been advocated by some of the moro tolerant class of Repub? licans, neither of which is extended, by this amendment, to tho Southern whites. It is simply a proposition for a constitutional reversal of tho political and social relations of tho two races in the South, by confirm? ing suffrage in the hands of thc black race, and depriving tho white of it; und also, for providing for colored suffrage in tho North? ern States is, whether negro suffrage shall bc provided for in thoso Slates, continued by tho Constitution to thoso in the South, while ut the same time neither amnesty nor sn (Tinge is to bo given to tho whites of the South. Most sincerely is it to bc hoped that the Semite of the United States will not consent to offer tu the Americau people such a narrow and inequitable proposal. In regard to tho operation of the suffrage upon tho blacks, us provided bj' thia amend? ment, an examination of its phraseology will 6how that, while it forbids a citizen ta be denied a vote by reason of race, color, or previous condition of slavery, it possibly loaves the door open to exclusion on account of the absence of educational or other quali? fications, so that under this amendment, these might still bo required in order to suf? frage. This view of the effect of the amend ment, is confirmed by tho objection whicl was made by Mr. Butler to the proposition of Mr. Shellabarger, that its effects would bo to take away from tho States the powei to make an educational test, and also to pre vent them from making a registration law, Formerly, in regard to the oxerciso of suf frnge, it was thought that to qualify a peo plo for such a power, says tho Baitimor? Sun, they must not only be intelligent anc virtuous, but must be trained and instructed in the principles of liberty and in tho prac tical workings of freo institutions. FINE GOLD WATCHES. ^??^ FINE GOLD SETS, jFQj is K. PLAIN (H^BattaS KINGS, FINE GOLD SLEEVE BUTTONS, GENUINE SCOTCH PEBBLES SPECKS / MEltlCAN CLOCKS. A LARGE ASSORTMENT Of THU A KO VE ARTICLES JUST RECEIVED AT I. SULZBAOHER'S, Fob lt Sign of tho Green Specks. Heiichrysum Compositum Maximum te NANUM, j r""j",r ttrnmlr ." aine? <v) i SEEDS, just received at Feb 0 E. R. JACKSON'S. Notice to Creditors. Till il'. Ol editors <>f thc estate of \V. C. GOOGLE] X deceased, will present their claims, du proven, to tho undersigned; and those indobu to said estate, will make payment to Fob 0 1* WM. W. COOGLER, Administrator. fcTATK LEGISLATURE. FIFTIETH DAY'S PROCEEDINGS. SENATE. SATURDAY, February 6.-The Senate as? sembled at 12 M. Mr. Corbin presented an additional me? morial from 240 citizens of Charleston, praying the passage of the bill to declare valid the recent munieipal election in that city. The memorial, in connection with those previously presented, was made the special order for Tuesday next. Mr. Greene., from the Committee on En? rolled Acts, reported that the following joint resolution and Acts wero presented to His Excellency the Governor, on Friday, .february 5: A joint resolution authorizing the Go? vernor to employ an armed force for the preservation of tho peace; an Act to alter and amend an Act entitled "An Act to au? thorize tho sulo of tho Columbia Canal;" on Act to regulato and provide for tho pay of Commissioners and Managers of Elec? tion. Mr. Greene, from tho Committee on En? rolled Acts, reported as duh' enrolled, sealed aud ready for ratification, au Act to re-enact certain Acts lending tho uamo and credit of the State to the Greenville and Columbia Railroad Compnuy, and to vali? date the action of said company thereunder. On motion of Mr. S wails, tho vote where by the Senate agreed to the report of tho Committee on Public Buildings, on tho peti of the Board of Commissioners of Williams? burg County, asking an appropriation to assist them in building a jail, was reconsi? dered, and tho report was recommitted to the Committee on Public Buildings, with leavo to report by bill or otherwise. Mr. Hayes introduced a bill to provide for the enumeration of the inhabitants of the State. The bill received its first read? ing, and ?ros ordered for a second reading and consideration on Monday. Mr. Cain asked and obtained the unani? mous cousent of the Senate to introduce, without previous notice, a bill to enable the citizens of Charleston to hold an election for Mayor and Aldermen, and to more clear? ly define the manner of declaring the same. The bill received its first reading, and was ordered for a second reading and considera? tion on Monday next. The Senate proceeded to thu considera? tion of tho unfinished business, to wit: A bill to provide for the revision and consoli? dation of tho statute laws of tho State of South Carolina. During the discussion, the Speaker of the House of Representatives attended iu the Senate, when tho following Act was duly ratified: Au Act to ro-euact certain Acts Ieuding tho name and credit of tho State to tho Greenville and Columbia Railroad Company, and to validate tho action of said company thereunder. After which the Seuatu proceeded with tho consi? deration of tho bill to provide for tho revi? sion and consolidation of the statute laws of the State of South Carolina. Tho bill, as amended, was agreed to, aud ordered to bo eugrossod. Tho Senato proceeded to tho considera? tion of a bill to establishh a public ferry in York County. On motion of Mr. Jillson, it was Resolved, That the bill to establish a pub? lic ferry in York County bo recommitted to tho Committee on Roads, Br.'dges and Ferries, with instructions to amend the same so that no person shall be charged for ferriage on going to or returning from church or election, or children going to ot returning from school. On motion of Mr. Wright, the Senat? took up for consideration tho report of th? Committee on the Judiciary, on a bill tc amend an Act entitled "An Act to organize the Circuit Courts." Tho report was read aud the bill taken up for consideration bj sections. Tho bill received its second read ing, and was amended in accordance with tin recommendation of tho Committee. On motion of Mr. Corbin, the Senati proceeded to the second reading and conni deration of a bill to regulato the formatioi of corporations, when the bill was amend?e by the addition of tho following section and ordered to bo engrossed: SECTION 42. The Aut entitled "An Act t< authorize and regulate tho creation of pri vate corporations within this State," ap provod tho 20th day of December, A. D I860, is hereby repealed in respect to ni corporations hereafter to bo formed; but it provisions shall remain of force as to a] corporations which have already beoi organized under said Act: Provided, Al corporations organized under said Act ma reorganizo under the provisions of this Acl Mr. Jillson called for tho second specii order for 1 P. M. this day*, to wit: A bill t establish and maintain a system of pub!i schools for tho State of South Carolin) when, on motion, it was ordered to bo take up as unfinished business on Monday nex The Senate then proceeded to thc eons deration of the bill to authorize the consol dation of tho Charlottee and South Carolin Railroad Company and the Columbia an Augusta Railroad Company, which was di: cussed to adjournment. HOUSE OF REPRESENTATIVES. Tho House met at 12 M. Prayer bj- Re W. Perrin. Mr. Crows, from the Committee on lute nat Improvements, reported favorably on bill to incorporate tho Columbia Buildir and Loan Association. On motion of Mr. Smalls, tho report Wi laid on tho tablo to take up tho bill, whi( was ordered to lie over for a second rea ing. Also, reported favorably on a bill to c tablish a new County out of portions Greenville and Laurens Counties, to 1 called Fairview County. On motion of Mr. C. D. Hayno, tho r port was laid ou tho tablo to take np tl bill, which was ordered to lie over for second reading. Mr. Tomlinson from the Committee < Education, to whom was referred sund papers relating to sohool matters, reported by a bill to establish and maintain a system of publie schools for the State of South Carolina. Bead the first time, and ordered to He over for a second rending. Mr. Webb, from the Committee on Roads, Bridges and Ferries, reported favorably on a bill to establish certain ferries, and recom? mended that the bill bo referred to the Committeo on Incorporations; when the bill was ordored to lie over for a second reading. Also, reported favorably ou a Senato bill, to extend tho time in which the Camden Bridge Compauy may rebuild their bridge; which was ordered to Ho over for a second reading. Mr. Bosomon, from tho Committeo on Public Priutiug, to whom was referred the concurrent resolution authorizing tho bind? ing of 100 copies of the journals of the special session of tho General Assembly and 100 copies of tho proceedings and debates of tho Constitutional Convoution, for dis? tribution to tho various Stato Libraries in the United States, and also to tho Natioual Library at Washington, District of Colum? bia, reported and recommended that tho word "journals," as it occurs in tho resolu? tion, bo stricken out, and the word "Acts" substituted, and that tho same be sent to the Senato for its concurrence Agreed to. The Speaker announcod as Special Com? mittee of Five, to consider and reoommend ameudmcnts to n bill to pr?vido for the poor, Messrs. William McKinlay, Cooke, Jacobs. Doyle and Wells. On motion of Mr. Tomlinsou, the rule requiring bills, reports, &o., to be intro? duced in regnlnr order was suspended. Mr. DeLarge, from tho Committeo on Ways uud Means, then reported on a bill to authorize a loan for the relief of tho Trea? sury; which was ordered to Ho over for a second reding. Mr. Brodie introduced a bill to regulate divorces aud alimony, and the custody of children. Head tho first time, and referred to tho Committee on the Judiciary. Mr. Purvis introduced a bill to incorpo? rate tho Carmel Church, in tho County of Piekeus." Read the first time, and referred to the Committee on Incorporations. Also, introduced a bill to renew tho charters of certain towns and villages therein men? tioned. Read tho first time, and referred to the Committee on Incorporations. Mr. R. M. Smith, presented tho petition of Z. J. Bates, of Spartauburg, for removal of political disabilities. Referred to the Committeo on the Removal of Political Dis? utilities. Mr. Johnston, on behalf of Mr. W. H. Jones, introduced tho following resolution, which was adopted: Resolved, That the Committee on Agri? culture be instructed to report next Tues? day on a bill to establish an agent to super? vise contracts, and to protect laborers work? ing on shares of crops. Mr. Wilder presented sundry accounts ol li. II. Rice & Co., for subtanco stores fur? nished the South Carolina Penitentiary. Referred to tho Committee ou Claims. The Senate sent to tho House tho report ?f tho Senate Committee on Removal ol Political Disabilities on petitions of Ainsley H. Monteith, H. G. Gaffuoy pud Alfred R, Anghtry, for removal of political disabilities, accompanied bj a concurrent resolution tc grant tho samo. Referred to the Commit too on Removal of Political Disabilities Also, sent to the House tho report of th< Senate Committee on Claims, on account! of James S. G. Richardson, late Stato Re porter. Reforred to the Committeo or Claims. Also, sent the report of the Senat? Committee on Removal of Political Disa bilities on petition of B. F. Morgan, o Pickens County, for tho removal of his poli tical disabilities, accompanied by a concur rent resolution to grunt the samo. Referroi to the Committeo on Removal of Politics Disabilities. Also, sent the report of th Senato Committeo on Claims on the accoun of Dr. R. H. Jordan for post mortem exami nation. Referred to the Medical Com mitteo. The House proceeded to the consideratio: of the Senato bill to renew tho charter c the ferry across tho Great Pee Dee Rive known as Old Port Ferry; the bill was rea the second time, and ordered to be ec grossed for a third reading. A bill to punish all persons having, c pretending to have, authority to solemniz matrimony who shall marry minors withou tho consent of parents or guardian, wa taken up, when, on motion, tho onnctin clause was strickeu out. A bill to incorporate tho Ashley Bridg Company was taken up, put upon its secon reading, Section 1 passed to a third reading when on motion of Mr. Tomlinsou, tl] further consideration of tho bill was poa poned until February 20. Agreed to. The House proceeded to thc consider! lion of a bill to establish a company undi tho named of tho Mount Pleasant and Sil livau's Island Ferry Company, and to e: tend tho aid of the Stato to tho same. Mr. DeLarge, from tho Committeo t Ways and Means, reported on tho Sena concurrent resolution relativo to the a poiutment ol' R. ii. Elliott aud W. E. Ro to represent tho stock held by tho Stato at Bank of tho State at tho annual meeting stockholders of the South Caroliua Ruilroi Company, and recommend the adoption the following resolution ns a substituto. Resolved, By tho House of Represent tives, tho Senate concurring, That tho G vernor be, and ho is hereby, directed to n point the requisite number of proxies represent tho State and tho Bank of tl Stato at the annual meeting of tho stoc holders of tho South Carolina Railroi Company, to bo held at Charleston, ou t Otb of February, 1809. On motion of Mr. C. D. Hayno, the rope was laid on the table to take i ?i a substitu? Tho substitute was adopted, and order to be sent to the Senate for concurrence. Mr. li. James obtained leave of absei) for two days. Tho House adjourned at 3.110 P. M. XZaOoetX Items. -o GAS.-The Secretary of Columbia Gas Company requests us to say to consumers, that payment of bills, for mouth of January, is now required; and that no consumer hereafter will bo furnished with light unless their bills nro paid at tho close of tho month, at his office. Persons desiring to use the gas, AT A RE? DUCED PRICE, will register their names at tho office, to enable the company to ascer? tain if tho increase consumption will admit of a reduction io price, to prevent a loss to tho stockholders, who ask for nothing moro than to meet expenses at tho present time. Dr. S. li. Thompsou has been appointed by his Excellency Gov. Scott, health offi? cer, at the port of Hilton Head, S. C. -o COURT OF COMMON PLEAS AND GENERAD SESSIONS-February 8.-Tho Court waa oc? cupied all day in hearing tho arguments in the caso of the Slate vs. Henry Maxoy, for tho homicide of Alex. Reillcy. After a charge from tho Judge, tho jury retired. -o CASH.-Our terms aro strictly cash-no exceptions. If nu advertisement is to be inserted, hand over thc money; if a paper is subscribed for, the money must accompany tho order-otherwise no attention will bo paid to them. This mle will be adhered to. BURGLARY.-Wo learn that on Sunday morning, about 2 o'clock, burglars effected an entrance into tho room of Gen. John B. Dennis, a member of the L?gislature, nod succeeded in making off with a gold watch, clothing, etc., amounting in value to about 81,000. -o FAST AND CHEAP PRINTING:.-Wo havo added a fast card press-of the Degener Sc Weiler patent-to tho machinery of tho Phoenix office; and have also made additions to our stock of fancy type, cards, paper, etc. Persons io want of any styles of book and job printing, aro invited to call and examine samples and prices. Cards printed at short notice, and at prices varying from S3.CO to SQI per thousand. -o INCREASED AMOUNT OP READING MATTER. We present the Gleaner-our weekly paper -in a new shape this week; and by so doing have increased the amount of reading mat? ter several columns. It now contains four largo pages, and a greater amount of read? ing matter than any other newspaper in the South. Tho subscription price is only $1.50 for six months. Send in subscriptions-by ten-?, twenties and hundreds. -o MAIL ARRANGEMENTS.-The post office is open during the week from S>? a.m. to 6p. m. On Sundays, from 4 to 5 p. m. The Charleston aud Western mails are open for delivery at 5 p. m., and closo at 8}? p. m. Charleston night mail open S}? a. m., close <?y? p. m. Northern open for delivery 2 p. m., close 11>2 a. m. Greenville open for delivery 5 p. m., close 8% p. m. NEW ADVERTISEMENTS.-Special attention is called to the following advertisements, published for the first time this morning: J. Sc T. R. Agnew-Soap, Soap, &o. Wm. W. Coogior-Notice to Creditors. R. M. Wallace-Revenne Sale of Still. E. E. Jackson-Flower Seeds, &c. I. Sulzbacber-Fine Gold Watches, ?ko. E. H. Heinit8h-Life Insurance Agent. Duffie Sc Chapman-Valentines, &o. -o HEADACHE, DYSPEPSIA, COSTIVENESS. Should you be afflicted with either of the abovo complaints, uso "Heini'sh's Queen's Delight," and you will get speedy relief. This valuable remedy (to which we call spe? cial attention in another column) is regard? ed by every ono tho very best reiuedy for thoso diseases arising from a disordered stuto of tho stomach, nerves aud bowels. Indeed, it is assorted, upon high authority, that "Hoinitsh's Queen's Delight" is tho most extraordinary medicine known to me? dical men. The cures border on tho mira? culous; and it must bo a subject of rejoicing that so excellent a medicino is discovered in our midst. Try a bottle of it. For salo by FISHER & HEINITSH, Druggists. -o Under instructions from the Chief of Po? lice of Boston, and in order to* detect por soos who habitually insult ladies in tho street ?luring tho evening, one of tho officers of tho police dressed in tho garb of a woman on Sn oday evening, aud caught a score of o fiend ors. A statistician has figured out tho arabio land in tho United States. It amounts to nO.OOO.OOO farms of twenty-five acres each, or 1,2*>0,000,000 acres. _ United States Internal Revenue. COLLECTOU/H OFFICE, 8D DISTRICT, a. C., COLUMBIA, February 8, ON THURSDAY, 18th instant, I will sell, ONE STILL, cap a ?1 worin, (daraagod.) Kohl for violation of United States Internal Itovcnuo lawj. Tonus cash. R. M. WALLACE, PobOS Deputy Collector. Mackerel. rr KITS No. 1 l'.ay and Shoal MACKEREL, i O CO Rbis., Halves and Quarters, No*. 1, 3 and 3, for salo by E. ft O. D. HORE.