The southern enterprise. [volume] (Greenville, S.C.) 1854-1870, March 18, 1868, Image 2
I.. v .,
. . ,W ~ 1 ! . ? ., 1
Propasod State Constitution.
?KoM PorHTII PACK. J
4 ATirici.K nr.
rturtnvit Mr<i mkvt.
Sicc. UTli* Siiiirtuii* Kx'oulive ?ut)mritv
of this Atntc thai I he v?fV"l in a Chief Mag
jdr}!*, who ahull be ttyled " 'I he Governor
of the State of South Carolina."
Sko. 8. Tha Governor ahull he el ct?d liy .
the electors duly qualified In vote for members
of the General A?soinbly, and shall
hojd hie office f??r two yearn, and until hie
ancceasor ehall he chosen and qualified, and
ehall he re eligible
So 3. No person ahull he eligible to the
nfiioe of Oovernor who denies the exist i-n^e
of ,'hc Supreme U-ing or who at. the time
of icli election lint not attained the aire of
thirty yearn, and who, except at the first
election under thin C?n*tiluti?n. ehall not
have been a aiiizen of the United Statea
and a c > as I retideot ol this State for
two jesra n vi preceding the dnv of elee
tion No per?><i while Governor ahall hold
any o'her offi-e or commisnton, (exeept In
Ill# militia.) 'l#!" tlii? :?iaie. or nny uwier
power, at ore and lli? mm time.
RbO. 4 The returns of evrrv election o(
Governor eh VI be sealol up l>y tlio managers
of 41#oli'?'?? in their respective counties,
and UnbfiuiUel, I y mail, to the sent of
Government. directed to the Secretary of
State, who a'u'l .ieliver them to the Speaker
of the Ilou-Hi of Representative# at the next
ensuing sesdon of the Oeneral AssemLlv.
and a duplicate of snid returns shall he Hied
with tha Clerks of the Courts of said Co untie#.
whose duty it shall he to ft rwsrd to
the Secretary of Stole a certified copy
thereof, upon being notified that the return*
Ceviously forwarded by uiail have mat
en received nl hi# iillica. It rh ill he tho
dut.y of t ic Secretary of Stat--, after I lie expiration
of seven days from the day upon
which the voles have been Counted, if the
returns thereof from any County have not
been received, to notiiy tho Clerks ol the
Court of ssi-l County, and order n copy of
the returns filed in his office to lie forward
?'d forthwith. The Searrtaiy of Slate
shall deliver ths return# to the Speak
er of the House of lt-pnTentative#, at the
next ensuing session of iho tloneral Assembly ;
and during the first week of the session, or as
soon as the Oeneral Asscnhly shall have or
gaulxcd by the election of the presiding officer#
ol the two Houses, the Speakt r shall open anil
publish them in the presence of both Houses.
The person hiving the highest number of
votes shall bo flovernor : but if two or more
shall he equal and highest iu votes, the flnncr
il Assembly shall, during the same session,
ill lite House of Representatives choose one ol
them Oovrrnnr efru rnrr. Contested elections
for tlowrnor shall las determined by the tlenera!
Assembly in such a maimer as shall be
prescribed by law.
- firs. 5. A Lieutenant-fjovci nor shall he
chosen at the snmo time, in the same manner,
contiuuo in oflh-< for the siiiue period, and be
possessed of the suino qualifications ns the
tloverrinr, and shall <\c ojjfvio be President of
the Senate.
Site. It. Tho Lieutenant-Oovrrnnr, while
, presiding in tho Senate, shall have no veto,
unless the Senate he equally divided.
Sbo. 7. Tho Senate shall elmose a President
jw? tempore, to not in tho nhseme of the Lieu
tenant-Governor, or when lie shall exercise
the ofHoo of Governor.
6bg. 8. A member of the Senate, or of the
House of lleprcsontAtivcs, being chosen as
noting Governor or Lieutenant-Governor, shall
thereupon vneiito his sent, and another pei^on
shall he elected in his stead.
Buc. !). In case of the removal of the Governor
from his ollieo, or his death, resignation,
removal lYoni the Htate, or inability to discharge
the powers and duties of the said office,
the sninc shall devolve on the LieutenantGovernor,
ami the General Assembly, at its
first session after the ratification of this Con
stitution, shall, by law, provide for the case of
removal, death, resignation, or inability, hotb
of the Govcruor nod Lieutenant-Governor. declaring
what officer shall then act as Governor,
and swell officer shall net accordingly, until
such disability shall have been removed, or a
Governor shall have been elected.
Sue. Ht. The Governor shall be commanderin-chief
of the militia of tho State, except
when tliey shall Ins railed into the actual serTii'd
of tho United States.
Sue. 11. He shall have power to grant reprieves
and pardons alter conviction, (except
in cases of iiupcaclnnriit.) in such manner, on
such terms, and under such restrictions as lie
shall think proper ; and lie shall have power
to remit fines and forfeitures, unless otherwise
directed hy law. It shall he his duty to report
to the Goucr.il Assembly at the next regular
session thereafter, ell pardons granted by
him with a full statement of each case, and
tho reasons moving liirn thereto.
. Sac. 12. He shall take oarc that the laws he
faithfhlly executed in mercy.
Sxc. 13. The Governor and Lieutenant Governor
shall at slated times, receive for their
Services a compensation which shall lie neither
Increased nor diminished during the period for
Which they shall havo l>cen elected.
OKR. 14. All oincers in llie Ivxccutivo Department
shall, when required by the Governor,
rIvo him In form nt ion in writing upon nny
subject relating in (lie duties of their respective
offices.
Sue. 15. The Governor shall from time to
time. Rive to the General Assembly inf .filiation
of the condition of the Slate, and recommend
to their consideration such measures as
he shall j'idRc necessary or expedient.
Sac. 1#. He may, on extraordinary occasions,
eonreno the General Assembly ; nnd
should either House remain without a quorum
for live days, or in case of disagreement between
tlio two Houses with respect In the time
ol adjournment, nfny adjourn theui to such
time as be shall think proper ; not beyond the
timo of the annual session then next ensuing.
Srr. 17. Ho shall commission all officers of
tho State.
Rkc. IS. There shall bo a Real of the State,
for which tho General Assembly, at Its lirst
session, shall provide, and which shall he used
by the Governor officially, nnd nhnll he called
"The Great Aioiil of the State of South Carolina."
Sac. 19. AM grant* and commissions shall
l>e issued in the name and by the authority of
the State of Sonth Carolina, sealed with tho
Oreat Peal, signed by the Governor and countersignsd
by tho Secretary of State.
Rkc. 2". Tho Governor nnd the LieutenantGovernor,
before entering upon tlio duties of
their respective offices shall fake and subscribe
tho oath of office as prescribed in Artitdo two,
icoiixn iitiriy viio 01 mm (.(institution.
Ss.r. 21. The Governor mIimII rmldt at tho
capital of the State : Kill during the sitting*
?f the flwicral Assembly h? shall reside wrtwite
seselotu aro held, except iit eneo of oonta|i?n,
Sue. 22. Every Bill r.r joint resolution
which shall hero passed the General Asscml>ly,
except ?n a que* lion of adjournment, shall,
, before it hreoujea a law, he presented to the
Governor, ami, if ho approve, he ahull sign it;
if not. ho ahull return it. with his objections to
the. Jiou*c in which it ahull have originated ;
which shall enter the objections et targe on its
journal*. nnd prmved to rceonsi.h r it. If,
after anch reeonaidt ration, Iwj thir.la of that
liouse shall agree to paa* it, it shall l?o sent,
together with the objections, to the other
House, hy which it slmll lie rcconshterod, anil,
it approved *'y Utinla of that House, it
shall bill? th? soma effect ns if it had been
signed hy 1I16 tlnvcrr.or; hut, in all mieh oAsen
the Vote of both- Iloosas .-hull hotahoii by y*a?
and nay*, and the names of the persons voting
tor atix' against tho Kill <ir joint reputation
ahali bo entered ' n the jonmala of both llousrt
respoetive.lv. It ft Bill or joint resolution slisl
not b? returned by the Governor within threi
day* alter it shall have Hccn prosenled to him
Sundays rge*|>*"th It shall have ttie acme forci
and efleet a* if-ht had signed if, unless the
General A."*?n?h'v, hy their adjournment, pre
\vnt its return, in vhlch case it ahull not Lavi
I
aueb force nnd offset unless returned within i
lira days after their next meeting. . i I
Sr?. 33., There cball l>a olectart l?y the quaU (
iflcd voters of the State, n (VwptroiK-r-'lalncri*!, ,
a Treasurer nml a Secretary, of State, who (
shall hold their respective nftiecs for the term |
<if four years, and whore duties aud componsa- (
tion shall ho prescribed l?y law.
AHTICLE IV.
Ol'DIPIAl. PIC 1* A HTM K2CT.
Sltc^ 1. The judicial power of this Stato
shall bo rested in a Supreme Court, In two Otrmil
(?i.Av?a In wSl A Ci.iir I nf Pi.lnninti Pllliit.
having civil jurisdiction urn! a Court ol lienors!
Sessions, with criminal jurisdiction only in
i'rohate Courts, nnd in Justices of the Pence.
The General Assembly mny nlso cstnhlish such
municipal nnd other iuferior Courts ns uiny be
deemed ncccaso ry.
Src. 2. The Supremo Conrt'shnll consist of
a Chief ^lustieo and two Associate Justices,
two of whom shall constituto a ijuorutu. They
shall be elected by a joint voto of the Oonernl
Assembly for the term of six years, and shall
continue in nffieo uutil their successors shall
bo elected nnd tpialified. They shall bo so
classified that o%c of the Justices shall go out
of office every two years.
Skc. S. The Chief Jurtico elected under tills
Constitution shall continuo in offieo for six
years, and the General Assembly immediately
after the said election shall determine by lot
which or the two Assneiato Justices elect shall
serve for the term of two years and which for
the term of lour years; nnd having bo determined
the same, it shall be tho duty of the
Governor to commission them accordingly.
Pre. 4. The Supreme Court shall have appcllnto
jurisdiction only in ensea of Chancery,
and shall constitute a Court for lbs correction
of errors at law, under sneb regulations as the
General Assembly may l>y law prescribe; /Voviiir.tl.
That suhl Court shall always hnve power
to issue writs of injunction, tnntninmut, ?/??
irnvrtiiifo, kobnn corput, and such other original
and remedial writs as tuny bo necessary to
give it a gctiernl supervisory control over all
other Courts in the Stale.
Sr.c. 6. The Supreme Court shall be held at
least once in cneli year, nt tho seat of Government,
and at sueh other place or places in tho
State as the General Assembly mny direct.
Sk<\ fi. No Judge shall preside on the trial
of any cause in the event of which he may be
interested, or where either of tho parties .shall
bo connected with him by affinity or consanguinity,
within such degrees as may bo proscribed
l.y law. or in which he may have becu
couuse), or have presided in any inferior Court,
except by consent of all the darlies. In ease
all or any of the .lodges of tho Supremo Court
shall Ik; lints distptalified from presiding on
any enuse or causes, the Court or tho .fudges
thereof shall certify the satuo to the Governor
of the State, and lie shall Immediately commission,
specially,* the requisite number of
men learned in the law for tho trial nntl determination
thereof. Tilt; same roprse shall be
pursued in the Circuit and inferior Courts as
is' prescribed in litis section for cases of tho
Supremo Court.
Skc. 7. There shall be appointed by tho
Judges of t, ? Supremo Court a reporter nnd
clerk ot raid Court, who shall bold t.'ieir offices
for two years, ami whoso duties and. compensation
shall Ik; prescribed l.y law.
rr;i~. o, n [M il n juugmrin nr iicrrcc l reversed
<ir affirmed by the Supreme Court, every
point made and iliniinrtly stilted in writing in
tho ?unsc, and fairly arising upon the record
nf tho case, shall bo considered ami decided ;
mid the reasons therefor ahull ho concisely and
briefly Muted in writing, and preserved with
the records of tho case.
Skc. II. The Judges of the Supreme Court
and Circuit Court* shall, at staled times, receive
a compensation for their services, to he
fixed by law, which shall not lie diminished
during their continuance in uCico. 'fticy shall
not he nil mi d ntty fees or pcr<tni*itcs of office,
nor shall they hold any other office of trust or
profit under this State, the United States, or
nny other power.
Ski*. Iffi Xo person shall he eligible to the
office of Judge of tao Supreme Court or Cireuit
Courts who is not at the t in*-of his elretion
a citizen of tho United Stalls, and has
not attained the ngo of thirty years, and been
a resident o' this State for (Ice years next preceding
his election, or imiu the adoption of
this Constitution.
Sm\ 11. All vacancies in the Supreme Court
or other inferi-r tribunals shall ! ? filled iy
election, as herein prescribed ; /Vmiifirf, That
if tho uni xpired term does r.ot exceed ono
year, attoh vacancy may he filled by Kxccutiro
appointment. All Judges. by virtu* of their
office, shad he conservator* of the pence
throughout the State.
: Ski*. 12. In al! eases d< ciiled by tho Supremo
Court, a conenrretjeo of two of the
Judges shall bo ncces-ary to a decision.
Skc. I J. The Slate shall bo divided into
convenient circuits, and for each circuit a
Judge shall be elected by joint ballot of the
tJener.il Assembly, who shall hold his office for
a term of four years, and during Ids continuance
in office lie shall reside in the circuit of
which he is Judge.
Pro. I i. Judges of tho Circuit Court shall j
inn rriKiiijit* cirrinm wrn cnffl oinrr in MU?n
manner as may l-e determined by law.
Skc. I.t. Tlie Courts ot' Common I'leas shall
hnrD rxrlRtivs jDriiiliolion in sill case* if rli vnrco,
and exclnsivo original jurisdiction in
ill civil cases and tuitions r.r ilrjtrtn, which
shall uot l|#i'ii|;ni<?lil? hof re Justice* i.f the
Peace, nn-I appellate jurisdiction in all such
cases as may he provided l.y law. They shall
have power to issuo writs of pr?ht> i
hitimi, mirr Jurinn, and all other writs which
may he necessary for carrying their power
I fully jut' cflVfct.
Site. lfi. Tho Court of Common I'loas shall
sit in each Judicial District in this HtwUt ut
least twieo in every year, at an oil Mated times j
| and places as may he appointed hy law. Tt j
1 shall have jurisdiction in all matters of Kt|?rtj
ty. hut tho Courts heretofore established lor
: that purpose shall continue as now organised
j until the first day of January, one tloinsnnd
! eight hundred and *i*ty-nine, for the di<iwi|.
lion of causes now ponding therein,. uuiess
otherwise provided hy law. t
Frc. 1". The (lenoral Assembly shall prnvide
hy law for the preservation of tho records
,-?f the Courts of Ihpiity, and also for the trans,
for to tho Court of Common Picas and Prohato
Courts for final decision of alt causes that ijiay
remain undetermined. It shall bu tho duty of
the .Judge* of the Supreme and Circuit Courts
to file their decisions within si.\ly day* Ir/uo
the lost day ol tlio tenu of court at which the
ennst* Were heard. * *
Sr.c. Id. The Court of flencral Hosaions
shall have exclusive jurisdiction overall criminal
eases which shall not ho clherwiso provided
for hy law. It shall sit in each County in
the Statu at least three tunes in oaoh y?Ar, at
such stated time* and places as thu (suiters]
Assembly may direct.
Hue. 19. Tho <|ttnllfind electors of each
County shall olect thr o persons for the term
of two years, who shall constitute a llonrd of
County Cotnini',s|on? which shall have juris.
1 ovitr rnnilf, klj^iwayi, ferritin, bridges,
and in nil mat tern relating to tax- *, disbursements
of money for CVnnly | nrpnros, ami in
every other ease that may ho necessary to the
internal improvement ami loeol en no* re* of
the respective Conution; f'mritlrtf. Tint in nil
cases there shall t-o the right of appeal to tho
.-'Into CmtrtJ.
8p.r. 20. A Court of Prohaio shall betvtahlisticd
in eneli County, with jurisdiction in nil
mat tern testamentary ami of admiiiistruliou,
in bushier* appertaining to minor* I the allotment
of d ?1rcr in eases of hliotey anil lnnaey,
and person? ?ni> mm/im vmt/i'l. The /mire
of said Court shall he elected hy the qualified
elector* of tha respective! Counties for tho term
of two rear*.
8k<\ 21. A competent number of Jnstlm* of
> { tho Peace sflil Constables shall ho chosen in
i 1 enrh County by the qualified doctors thereof,
In Such manner as tm> General Assembly may
. | direct ; they shall hold their offices for ? Icrui
I 1 of two-year* and until their eucceasora sre
I j elected and qualified, TJiey shall reside in
tho C nnty, oily or boa., for whlsh they are
, ' elected, and the Justices Of the Pea** ahull ho
< j eoii>Mi.wioe*d hy the Governor. r ,
s I 8kc. 22. Justices of the Pea**, individually.
. 1 or two or more of them Jointly on the General
>1 Asa tuhly may direct, ?h* I b?va original jit.
D 55 "T H B'B B
udiction
in c?r?s of bnMardy, an?l in all matera
??f contract, and action* for the racorwy
if Ancn mid forfeiture* where the amount
lnimeil linen not exceed one hnmlml dollar#,
l.id rueh jurisdiction ?.? inny he PturUnd hjr
In w in net lot) I ?flr 'ttilirtn, where the .inmnffcn
claimed <lo not cxeui'd one hunilrcd dollar*;
mid prosecution* for anrinlt and hattery and
other pcual offences le*4 thau Iclony ptniab*
.1.1.. i... ?...- .-i
? "iv ? r (iiiw wmj,
Sw. 53 They may also nit as examining
Courts niiid cummii, discharge. qr rec?gni|?s
(except4n capital cases) persons charged
with offence* subject ! ? sttclt regulations at
ilie 0>'|io nI Astembly may |>rovld?j IUeY
shall also have'power In bind over to k*ep
the pesos, or f#r good behavior. K?r lb.*
foregoing purposes they shnll lutye power
lo issue all nrccmry processes.
Sr.c. 24. Kvery notion cogrlznbls before
Justice'of the Pence Insrilnled I y ummom
or warrant, shall he brought before some
Justin* of the Pence in the county or city
where the defendant resides, end in alt such
onuses tried hy them, the right ol sppeil
eli'?1 i>e ?'cured under such rules and regit
lotions as may he provided by law.
b'Ko 215 '/he Judge* of Probate, County
Coiiitni?siutiere, Justices of the i'encc. and
Constables, shnll receive for lh* tr services
such compensation and f es as the (let'eral
Aascinhly may from time to time by law
direc'.
Src 2fi. Judges shall not charge juries in
respect, to matters of fact, but may state
the testimony and declare the law.
Sen. 27. There shall lie elected In each
county, hy the elector^ thereof, one clerk
for the Court of Common Pleas, who shall
hold his office fur the term of four years,
and until his successor shall he elected and
qualified, lie shall, by virtue of bis office,
he cb-'k of all otll? r coif IS of record held
therein: hut the fSeneral Assembly may
provide hy law for the election of a clerk,
with a like term of office, for each or any
other of the courts of record, and may aut.horijw
th'1 Jnd*e of the l*r-bate Court to
perform ths duties of clerk for bis court,
und?r such regulations a? the (Jeneral Assembly
may direct. Cle'ka of courts shnll
he reinovealdti for such cause, and In suoli
maun* r as shnll he prescribed hy law.
Sre 23 There shall he an Attorney-Ocneral
fnr lite State, who shall perform such
dillies as may be prescribed by law. lie
shall he ehctcd hv the qualified elector* of
the Stale for the term of four vests and
shall receive for Ida services such compensa
tion as shall he lived by law.
Sue 2'.t. Thetc shall lie one fo'icilrtr for
each circuit, who shall te-ide therein, to he
elected ly the qualified ehetois of the eir
ee.it. Whitehall hold his office for the term
of lour j tare, and shall receive for Ins
S I vices VII.' Il CI >*111 ie limit loll II a tlilll he tl*...t
by 11*. In nil enee* w h *re nn Attorney
for lti? S'lite, of ntiv circuit, f.iltn lo ntten.)
mill pru'i fiil?, ntcrilinj to tnw lln* court
w'inll h.\i! power lo ?p|>citit nil Attorney
pro If in pore.
^rr. Ilii T e qunlific.1 elector* of eneli
Ootinly ulijill i b-et n SIm'Iiff. iiimI ii Cot oner,
for the t?nn nT four venr* nnd until Ifu-ir
.oiere-'i'n.n are f't'clol niol quit ifb-'l ; th-y
hIihII resole in their mpclitu Countim
ilh'inir tli-ir eonfiiiovne* in office, ond be
lirqnnlitird for the office n second lino*, if
il I-to ill 111 ? pp. nr tl'lll they .-r rithi-rof t hem
me In default lor moneys collected by virtue
of '.heir rmju-ol ive office*.
See SI. All Wil's nnd | rocei?*en hull
run, iti'il n'l prosecutions elm I ?>e 001 d".#t( I,
in li e mine of the Slnte of ftniith Caoi
linn; nil wri'n slinll be ini.nK.I by the
I'btk nf the e tut from ? bi. h lll-y shall
' i; Issued m il nil in.lii-lnn n'e slotH con
elude n^niiirt the | nee Alld dignity of the
-In'e.
S'c flit Tlo-0 uoinl A ?cinl lv bnl' pro vol*
t V In * f- r I be ) erdy | tit. i n?ioil of '
he decision* of th* ttrpirme Court made
II(til- r thin Const i'nt ion,
a in i v.
JI'UIWM 1-KM.r.
Pre I. Tli" (Ii-n.-rnl Ae?en,ldy shall pan*
noli l-w* n* tost b- recensnrv ntol pinper.
to i'e i *c differences l.v arM'rstorn. to b?
appointed l.y I lie parti"* M'ho rhny choose
tb it aetiinoiry mo le of ti,jtistini nt.
Hlic 2 It shall b? the tb.iy of tbe ("Jen*
ernl A?*rN?l>ly te pass t'm ti'rrcitrv laws
for the ebnni?e of veritt" in nil *n*es, civil
ml critnif al. over which th?- Cnc'iit Court*
Inve or jfii.n' juris fiction. upon n prop, r
rh'iwltlg. supported bv ntFi 'aril. ftl.-it n fiilr
?ml tin |-nt I'd I tr'al cannot be lin I in the
County wlier ? such trial or prosecution wn
ootiinieiicnt.
ru. i>. i in- urini . \ .TI-IMU IT , n' iiHiirm
?.><< iota n't it I lie adoption nf ill1* Con-rt it iilior,
idiilir> provid n tn rrvl-f, dljed
rtii'! in- j\iijr^*. under A'hprr head*. the hotly
I our !nwi. civil mid criminal. mol '?rni n
pcMHl fo'ii, founded Upon principle* of
rr'ni run'inn. Mid have (lie lime pronnil??i?tnl
in *ttch manner a? (liev in.iv ilitfc';
and ri live r-ni'i n ilL'i'it ami ffiiiil'lv.
limi e'.iiU In* made vritliiii every *til>? qoent
period ?.f IvII vthi'i. Till' j'l'rtl# alwili I>e
ulniiiiii'iT'cl in * nuifoini iii<?If r ( pi n Iinc.
without ?!i?lii.eUon lie' wen law and
equity t!i y ?hali |.m? i<!e for ahnli.-hii'K t|je
I i-i i i>c* fin ni'< ! net inn, n"il tor -that pur
pi>n- *linll nppciiit *ome euitnLle per>on or
|N!ii?ill', wh"** duty i' elinll l?e to rcvlile,
eimplify, nod abridge t'i* rule*. prueiiae,
ph ading* and form* ? f the court now in
u?? in lliia Slate
AUTTt'I.K VI.
KVlNKXT lwiU.ilV.
Fir 1. Tlie Side ilintl Imvr concurrent
| jtf indtctlon on nil river* bnrderidic on th1?
State, on fnr a-t rtieh rirer* thill form,a
! noinmon boundary to thi# *n<i any other
i State l> uii'V"! hy 'he name; ami they, together
u itli a'1 oihrr nnvitruMe water*
within the lind'a of the Sta'e. elinll he com
innn highway'*, ami fnrover free, n* w?ll to
I the inhabitant* of thi* State nn to tlie eitl|
? ni of the Ifniifil State*, without any tax
I or impo?t tlierctor. tinier a the nine lie ex
pievly provided fi?i Uv the Gcner*! Aisem
Ib,jrS?i
2. Tli? title 1o nil land* and -oilier
properly, which have heretofore iecrufl to
this^ta'te l.y iirnitt, ? (!, [mmhiin, forfeit*
ur?, c*eli' ?1', or nllicrwiv, shall ve#l in pi?
Stni* of South Carolina t.lie same ua though
no hud Mkfii pin*#.
Sufi.' 2. The p. u|il* of lit* Slut* are dect#r<
<1 l?> pon-te^a 11?e ultimate pr<iperlv in
mil lo nil Inula within Ilia j'irisiljc'i n of
the Ht*l?; noil ?M land*, the title. to whirli
shall full front defect of heirs, hull rcveit,
or erclwut l? the people.
ABTIt'hK VII.
lurk totrMtCMTs.
Pro. 1. The House of R- pr? set. tat i ves
ihull have lit* ??! ' power of itii|tea?.-hiit*jil
A vol* of Iwu lhir-h of nil tlio neiiihers
j elected shall he r?-r|iilre I for tin ini| oirlu
I nmnt, ami nnv offleer irt)p?>ni*lii'?l.?lii)!l there
hy he suspended (rout otliui: until j'ld'gutei.t
in the Wis* ahull have hiis" pronounced.
I Ski*. 2. All impeachments ahull hu tried
l>y lha Sena!*, and when silling for that
purpose they elm I) he und*r onlh or affirm,
itijj'ii. No person aiiall he emitirie,| ex
or|<t b| vote of iwo-thh )* of ul! the members
elrrt< d. WJieit the ffoveri.or ia impeached,
the Chief Justice of th* ftflprem*
Court, or the senior Judge, ahail preside,
. with a easting trole in ail preliminary <pirs
t lo MS.
Sttr. 3. The Oovei nor and all other exee%ntjve
ami jmiiaht) nfljeer* ahull he liable to
imp " rhuo'i't ; hut judgment in uch ce*6'
shall not extend futther than removal from
oflict*. The purtotr* con* uittl shall, never
y
i MTJfi J
- mi.*-v.=p==pfM^}i (ft %
thel*a<; t>? liable to indletmaiit, trial andpunishment.
according tn low, '
8ao. 4. F??r any wilful iffil'ct of duty*
or oilier rewoMlM* ciim, which shall n?l
lie sufficient irronnd of ImprMtimtat, the
Governor shell remove coy executive or
judicial officer on the idditN of two thirds
of eaah House of the General Ace- mMr;
Protldrd, That the cause or causes for
which said removal may l?e reoulred ahull
he .ateted at length in mah address, and
entered on the jonraal# of ru-h House; ?*?/
firm-tiled further, that the officer intended to
e removed shall lie notified of such cause |
of eantes, and shall he aduiittad to a hear I
imr in hia own d?l?r...? '
suoh address; and in alt r*s*s th? vote
shall be taken by yeas and nay, and be
entered on the journal* of each House respectively..
?l)t ^autjjtrn (gtrfrrjiriaf.
GRKENV1 Ll,E, S* C~
WEDNESDAY, MARCH II. 1861.
The lnppcachment of President Johnson?A
Probable Motive.
The 23(1 of this month ha* been Axed by the
Sennto to reeclre tho answer of the President
to the charge* made against him, when it is
supposed the trial will progress onward.?
How long It will last, no one can tell; and
there are many gwe>*c* a* to the course the
President trill take. Some say he will deny*
the right of the Senate. ?a at present organised,
to try him, on the ground that there art
ten States prohibited from Senatorial representation,
and that ho is entitled to a enroplcto
Court. It is also supposed by ano'licr,
that after doing this ho will resign his oHire
without waiting tho result of tho trial, and go
before the people for vindication ; this, however,
wo do not bclievo.
There is one motive obrtous enough, tbnt
the Radicat* in Congress may havo in seeking
to remove A.vnnr.w Joaxsoir ; it is tho absolute
control of tho Supreme Court. If Wants
succeeds .Johxsox, they may provide for appointing
*Avc or tu<>ro ultra Radical Judgespledged
to sustain all the net* of the Radical
Congress, past, present and future, so that
their will.will he the supreme law of the laud.
Such a court once established, would give
tliein tho absolute control of tho (lovoroment
at discretion, provided tho new Judaea adhere
to Radicalism on the Dench. Sometimes partisan
prejudice* aro melted away by the jedi
rial sun ; a: in the rases of souie of the Jndge*
appointed by President Lined.*, ns Republicans,
diet are now known to adhere to different
views of (he Constitution from those of
(bl-tr nilFfV. ien,l ikft? .tilinron.l In ttni-IS
ing lo law, iho evidence and the Constitution,
not withstanding tho wishes of political fricudaChief
Justice ia even suspected, it is
mill, of being willing to aink the partisan in
the upright Judge in presiding over tho Court
of Impeachment. . ,
Nonainntionn far State Officers vnfler the
Reconstruction Constitution.
The Convention delegates, in Clmrltrton,
and it f? w othi rs, hitvo nominated persons for
i'l* various offices, to he filled on tho general
diction in Apt II- -Governor, Licutflovernor.
Congrtsstnrn, etc. It has always seemed to
in> n great absurdity connected with popular
elections, in party times, that moat usually
the people nave little or nothing to do with
them : thnt i* emphatically the case now, with
the uew people brought to voto in tbir State.
A few men mot in Cb?rlcfti?n, for inetanee
undertake to appoint our Congressman lor
thia Congressional IHatrirt, aa well aa all the
real, and if the people Ly party tliaeipline are
required to veto for thum, Iho olection la a
lucre force, eo far aa the liberty of suffrage ia
concerned.
We do not know what the voters will ray to
nil iiicm nominationa, but it woutd not surprise
ua if the people, in fome iuatancra, at
leant, select men to their own liking. There
were so many members of the Convention who
were placed in nomination, that it ia impoaai
mo tnnt even (be usual Homier chances Tor
fairness, ennld exist. There woe necessarily
mutual intrigue and bargain* going on. We
hare already heard Intiinrtinns, (hat mine
formidable inde|H>n-lent eamll late* <>f the Itel>ubliean
Party aro earning nut on their own
responsibility, and that of their friend*. A*
to what will be the course of the Democrats '
and Conserve! ir*s, a f?w day* imi*t determine.
Something New?"Kuklux Kino*"
Tliis i* the aatue of a *ecret organ iaation,
wliicli is raid to be extending rapidly
throughout the North and W--at, and la
striking terror into the Loyal L-agtur*.?
Ita object is annnunerd to be Conservative
ntul hue ile to extreme Radiettliam.
We would not l>? surprised if the " Ktih
lux KIan " has a great run. Secret sonic
tiee is s game all parlies ran play at, and
when once begun by one aide, is Very sjd
to b? Imlltlwl hy the iithor, ia proportion
to the r'oera* ?Hi?li it may gain eredib for.
The I.oyal l^aguo Marled in the North ?
The KnUux Klan i? after H, starting from
the Mm* rrginna, and We would not he
anrpriaed If il t re voir ntphlly down South.
The new Indly ia eery ?pt to prvrw too
trong for the old. The young dog. In hia
fi'ft ficht* ia very apt to whip the old eur.
So il may he with the Klan and Ihe
league.
? - ?
Candidate* for Oongrsa* In Charleston,
C. C. Retln wa\ oh lnat Friday, nominated
the candidate for CuiiijroB. to represent
the fWond Mmriet Tliia waa hy the
Convention delegates. Sinre then, Fa Governor
Auckx liaa he?n nominated in the
Charleston A'rwa *? an Independent eandf
date. Governor Autrx i? **hl to be qmli.
tied under the iteroiisti uction low*.
? e? i mm '?Convictions
for Uanalaughtor at AnderMff,
The niff", Rtua, triad for the wttirdsr of
another negro nniand Tovnr, M< eonvkrto-i of
maneiuurhtor. The prison or waa ably defended
by <Jen. Motions*. The rase of J. II.
J rv visas, who wan convietod last Fall Term,
for tbr murder of ?ne list-i, at WHliameton,
boring l>ceo aunt bank for new tiiel, resulted
this time in a vordift of manslaughter. lie
waa defended hy U. F. 1'krrt and C, P, 8ri.i.ivav,
Enquire#, with their waaal anal a ad
abihty.
a % . . y * *
^ ? fi'i *'. * T^TfTm*?'JI .*" ' *j
Our Oormptndw>><.
We are greatly indebted 'to our sereral |
correspondents fur their contributions to
ihb S*trrpri?e, from 11 mo to tim*. W e oan
boMt Mini of as good and entertaining
wrltera for onr paper al any other j >urna|
In the State, In pioae and alao in poetry, and
llie number of them W atill increasing. We
hare no doubt our renders appreeiate rery.
highly these contributions, for nil tl>*t **
have conversed with have '* told us so."
We have U?? (doasnre of promising onr
reader* an early return of More Anon'?
to our column*. The very complimentary
term* ia which thl# writer ha* been spoken
f, is gratify ir.g tons. We take credit to
onrrelve* for having per*uade<l him into
writing Ills observation* and reflection* upon
matters and thing* which he saw and
heaid, during hi* European trip, last Summer,
and w* are *ure hie obliging kindne**,
in meeting our request, ha* been rewarded
hy establishing a reputation for himself, as
an ahle and elegant writer.
Our fnlr eorrespondsnt from Texas. S. T?
Is nv-st welcome ngnln, after a protracted
sibnc*. We rej Ice that tha health of the
tamily circle to which ehe belongs, and her
own, la now restored. May the day yet
come, whan they may all return to dwelt
again upon the lovely, healthful plains of
Oreenville, In sight of the blue monntaius.
and in the niblrt of the society to which our
friend was so much Attached, and which
was an much attached to her. S. T. wiahet
t" know who '* More Anon " can he. Thnj
will he ascertained in due time. Without
civli.g his locality, a* to CAitreA, we can. as
to p'neo ; he ia, or has been for some year*,
a citizen of Oreenville, and ia a gentleman
and a Christian, by profession and practise,
although he was a little impatient at listen
ing to the In* the Established
Church, when at Stratford on Avon ; he
gave hit reasons.
W.> are obliged to S. A. T. for his contribution
from "old Edgefield," and hope
he will r?p??t hla missive. lie i* near Au
guata, and might anmetltn s coe* over and
give wt item* from that eitv. We doubt,
however, whether he eould find there matter
more errt*rlaih!ng and readable, than
that which engages his pen In his present
letter, which ought to have nppeaied earlier
in our paper, but was " crowded out,"
There ia one reflection in our correspondent's
letter, as to which wc are Inclined to
dissent. lis seem* to think that Governor
One's speech, before the Reconstruction
Convention, in Charleston, was, perhaps,
calculated to damage the State. A* to
Governor Ona's preomA/e, we have nothing
to isjr, hut ws incline to ihinlfthat the ad
vice given by the Governor was limelyso'ind.
and calculated to do ono.t and m??
hav* don* good in mod?nting t|,e influence
of * f?w virnlctit spiriia in the Convention;
ml hit to Mich moderation
and relief m-asure* m liaa he?n shown hy
it. But ?e dn not widi to mix politic* in
he aip-reald* " ? xeliange ol idt-aa " uith
our correspondent*; *o w*1l drop III*
Oov*rnor.
W? -Jura ?om* contribution* now on
hand, which rhall n? j?enr hereafter. W*
hop* to rcccir* frequent poetical piece*
fr*in I*. O. and other writer*, froin whom
we are ever phased to hear.
Tho Kflow?o Courier?-The Spirit of th?
Frwaa.
We noticed tlio change of thia paper from
Pickenr C. H., to Walhalla, and 'ho occupation
of t ho editorial chair by Mr. For We
again refor to it, to ray without disparagement
to the worthy and intelligent gentleman who
preceded him, that in our opinion the paper
under Itr now Editor, ir conducted with decided
ability and Independence. Th* Editor
write* forcibly, and Ulcer ground fenrle'ily In
support of tho principle* ho approve*, and
maker goolt (election*. Wo predict for th*
Onmrirr * successful carver, under ita present
It ha* always soemed to ns that the Press
in thin Sfato h?? Iwn over motion* and over
conservative. Very few of tho p*|ver* in thil
SMito ever ventured, before orsineo the war, to
advocate nny progress or improvement in the
law* and institution* of the Slate. The eon.
ivqei'DM I* that the eanditioa of the people ol
South Caroline, wm left more wretched nnd
ruinous hy the war than that of other Southorn
States, Certainly a greet dial at ore pecuniarily
and socially than it might hate been,
We had no honiestead law or cxempton ol
property of any e<m*o<inenee froin levy and
sale. Tho property of married women all wai
exposed to sarriflca for the debts or misfortune*
of the husband. Beery man wa* liab|?
to he arrested and imprtarned for deht at tbi
caprice ef his creditor, however fair and how
est be may hare nvtod, simply for being nna
hie topsy the an me, aa a thief at ma r>terer, ye
where were the papers he advocate any im
proveraont ? The district papers rej?rs*cntinj
1 an agricultural people, followed in all them
j tiling* tho city paper* rcproncnting the com
I utercia! intcrst. Xcnrly the whole produc|iv<
I interest in tho State, the agricultural, inanu
facturlog and mechanical, hare always had i
deep Interest in seen ring to the masses of tbi
people, fho protection which Just and ha
Imnne faws CbnM secure to pttm* IhC pnpn
lafion of the Flnto, nwd save from the effect
of rommmltl r#Tul*h?n~, the menu* of livlnj
| to families yet even eiaee tbrf war has demon
atiwted thia necessity, the pros* baa general);
been rthj.it. Wo suppose thia arl#e? fmw a habi
of deference to authority ami antiquity wbicl
prevail* so much ia tliU State?opposition I
all oew thing*. Many forget that the l*i
laws we bare, though now old, were onea new
(be writ of //-itrii Cnrjtn*. The Statute e
fraud* aud perjuries uilght bare hocn oppose
I by the aatne sort of spirit*, that opposed home
I steal* and protection Irom imprisonment fo
debt. It will he a tasting reproach to Sowt
Carolina lawgiver* of the old school, that Its
i provemsbtt lb dew"*, trurb as we (peak ef, ba
to he Introduced into this Stale at the prdt
of the bayowaf. Wr are SntlsKed, howsvo
that the people, nloetaan -twentieth* of th
white people sheiweelrea, would have eotnpeli
ad the Mtato tiovarwmeut ta favorahla a?tw
' on thaaa awiaum by the sleeMaaa wbiah wai
i to have taken place last October; and w^ tl
i #*ti*.iod (bat these *auta neasurc* will be hen
a_ * .
1
after i^UtM Kj tkcwtjwd P?v? abetted
voluntarily whatqeer ab*n(rw (may i>mr Id
the Oavenatfient. > jv>
The present editor of the f*i n ft* 1% ir mf
not agree with in many of the taMwaiW
which we hare, or way bereafWr advocate, bat
we are euro, it we as intake not hi* ifM, that
be will be oetipokew nd iadepewdewt, aad so* j
afraid to take new-growad oa nay qweetioa in
hi* coarae. lie I* aaw dealing aerate blown
upon Radical principle*, aad meat aatert a powerful
influence in the ragioa af inantap wheia
hU nnnmr ptmnlalaa
Walhsll* ia now a tbHvlif towa aad daatined
to become mora to. The plana pad tba
m? County o( Oconee la abundantly able to
support handsomely at thoraugh going naea?
paper.
Court Week aad the Saterprtse. e
The next week many perrons ftou dlferent
aectiona of thla and adjoioing Districts will W
diUlag Greenville, aad Um opportunity iHf
be afforded of vending forward aemes of now'
subscriber*, with - the cash," new beeomlnf
plentiful from pfocweds of .corn aad ooUoai.?
Wo take the liberty (editore take aaaay liber*
tier) to request our friend* to aee the occasion
to eneourago onr already loereaalng circulation.
The general Interest of the reading matter, af
the Entrrprin, original and selected, will more
than repay any family or single person, ^ for
the subscription prioo, but ia addition to tbia
is the news tuples, new improvements, adrer- r
tisemcnts, etc., ete.; and the market reports.
Important to every business man. We shall
giro the distant markets, and onr Qreeavllle
markets regulnfly. W# know that tba report
of the homo market may bo relied on, a* wo
have tho promise of Captain SriSDur to
correct it weekly, wbich bis aetlra ongagomeent
In trade will gira him tbe means of
doing with accuracy.
Tba Literary Club.
Tho moating of the'Club, at tha
house of Mr. T. M. Cox, on Friday
evening laat, was wall attended* notwithstanding
the darltneea and raia on
the occasion. Those present were
compensated by hearing tire profoundly
instructive and verv interesting diecue-ion.
hy Uer. Dr. J. A. Broadcs. on
he sulj el of iAingnagt: its origin
The importance and value of ite at tid y f
and other view* connected with it, were
luminously <)iacti*?ed and illustrated
with tlist #???, 1- ??* ?*- - *
?.. . mi ncKnowienge?i
learning and ability. Severn) oilier
learned gentlemen pre-ent look pert in
lie discussion, adding to the deep interest
of the rulj-'Ct.
There seemed 10 )? a general concurrence
in the view of Dr. Hroadi'S thet
the study of Language ir highly import??nl
lo the beet training and education
of the mind* of young men. ThU waa
enforced hv a variety and clearneea of
argument that waa calculated to eoo*
viuce the roo-l skeptical.
As to iiie o/igip of language, Dr.
Dkoadi's. after enumerating other the*
( or ice (hat have been or that may*!*
advanced, expressed his own opinion
that Language was communicated by
God to man directly at Ida creation.
Hut as to tliia point, he simply an*
nounced the conclusions of hia own
mind, without pursuing the argument.
m m w
talent Wkinwlnd Awsnyanlsi witfc
Bain.
Ye?terday, a)>out one o'cioelr, thie
Town waa viaite>l by one of the most
violent and terrifie gales that we remember
' erer to have witnessed. At
first, the blowing was very moderate,
but in a f?w minutes afterwards, it an*
umMl, almost, the proportions of ?,
hurricane. Several chlmntes were
1 Mown down, two on theMandon floor*,
1 and one on the premises of Mr. W. If.
Watson ; a portion of the Episcopal
r Church steeple was hurled below ; the
lit on the roof of Mr. W. H. IIotby'm
store was torn off. Several trees were
uprooted ; one in Governor Pcttfur's
r fiont yard and another on Main Street,
I, opposite the Office, besides ethers
1 iu different localities. The destruction
f to window shutters, fences, etc., must
, have been considerable. We have not
heard of any personal h> juries received
by any one, however. The wtpd came
1 front a southwesterly direction taking a
northeasterly course. Wa hope vuita
1 of ttii* character, from the storm king,
3 will not be very frequent.
5 Rbim-suca* Candidates re a CsaeaasBk
First Cimfnelossl District?B. V. Wkttis.
1 i?oru, of Darlington. u
' Third Congressional District?Simeon Co*,
ley, of Lexington.
Fourth Cong cessions) District?J. II. Oocc.
of Union. >
r It la aaiil that J. M. Allan of Oreeoettto^
will be an indcpcndltft candidate,
1 Petition* fronf the following ytnox praying
the Convention to reoomtnettd lbs removal
u of tbclr political diaaMlitle*, war* prevented
1 and referred to the Committee on Petitions!'
: Je**a K- Stono, Qraenvllle;1 IT. W. Jawtoit,
,r Mutbow Mellon aid, AbbaeUla; B. P. Lake,
Newberry; John W. Twitty, Lancaster J Job*
" T. Urevo, Huuitar. a , > . ., i
b Oon. A. K. Seett ha* received tfto xnba'
lion, by tba Republican party of Son^l Cam-'
** Una, for UorarWar of tlia State.
It ?| Ueei.. MO
r. Postponement off tha dale off IIm *?B?0O.
,? ty of O. c, Montffomaty,
Wo inadtaftaaUjf failed to publish tbo an0
louneemeut of tba pxtponemaat ?f tba abgr^
1 rale, which was admtiaad by Dapnljr Q?llao;
H .or Coua. The sale baa txta iada0uite)y fo?t