Newspaper Page Text
Tuesday Mornig, October .30,1866.
'g- T. P. SLIDr, Esq., is the
sole agent for thii paper in Charleston
C- Mr. JAS. H. SMITH, forinerly
of tni" pi-!ce, but now residing in
Charll',kO N. C. Is our authorized
6 agent for the NEws.
Mr. SMITH can be found at the
An Analysis of the 0onstitational Amend
In a recent issue we made some few
remarks upon this measure now excit
ing so much attention throughout the
country. The Yorkville Enquirer
Inisconstrues onf articlc% It say.i, we
are disposed to accept the situation
without "much more ado." Wesim
ply remind our worthy contemporary
t'iat it Is not the situation we accept in
t ie sense he puts it, bat It is a current
event that we accept as an existing
fact. We believe the 4mendment
will be forced upon us, if not in its
present form and iq the manner pro
p)scd, at least in some form, .anything
that we as a State can do to the con
trary. But this only by the wayI
What we intended to do in taking
up the pen to 'write this urticle Is to
go into somewhat of an analysis of the
'Constitutional Amendment and thus
weigh its provisions.
The first-section of the Amendmdnt
contains four clauses, the first of which
is simply declaratory, and this clause
makes every person residing in South
'Carolina a citizen of this State as well
as of the United States. We name
South Carolina only as an illustration.
Of course the provisions of the
Amendment apply equally to every
other State in the Union. That our
analysis may be perfectly plain to
every one who has not gone into the
merits of the paper now considered,
we will repeat in their proper places
its several, clauses. The declaratory
claus to which we have alluded is in
"All persons born or naturalized in
"the United States and subject to he
"jurisdiction thereof, are citizens of
"the United Statea and of the State
"wherein they reside."
To be born in, and to be under the
. jurisdiction of, the United States,
therefore, are the only qualifications
as now proposed to constitute a per
son a citizen of South Carolina.
The effect then of this clause would
be to make every negro a. citizen bf
the State, who was born in the United
States, and who now resides In this
State. The condition then of the ne
gro would be changed fiom a freed
man to that of a freeman. But this
clause does not imply the right of
thstnegro freedman to vote, as we
will discover in the following section.
The first mandatory elause is as fol
"No State shall make 'or enforce
"any laws which shall abridge the
6 " rivileges or immunities of citizens of
" he United States."
This clause is entirely redundant.
It ex.presses-as a mandate what in an..
- oth'er part of the Constitution is a
plain declaration. Sec Article IV.
-Section 1, of. that instrument, which
is in these words :
* "The citisens of each State shall be
"entitled to all privileges and immu
"nities of the citizens in the several
The second niandatory clause reads
"Nor shall any State deprive any
"perso.n of life, liberty or property,
"without due process of law."
This is another redandancy, for
teiay the same worde are used
- nthe 5th Aril fthe Amendment
The third clause of an imperative
kind is this :
"aNor [shall any & deny to eny
Kperson within its .asiotlon .jJe
"equal protection of the lays."
-Thfis requirement thie State of South
Carolina has already snticipated ; for
the.jet of the~ late oz&ra session of
th.Legul*tdre, entitled 9An Ae'to
define the term persons of color, and
to declare the rights of'such persons,"
clearly giWas-sll "person" "the equal
protection of the laws."
In regard to the pro,isious of this
first action of the Amendment, all of
which has been now quoted, it is evi
dent that-South Carolina has already
made the same. provisions in respect of
all persWiUS native to her soil, or natu
ralized thereupon.' In declaring the
negro free, and placing them before
ti'e law just where the ' whites stand,
our State has already enacted the main
fea.tures of the pr'ovisions of this see
And now comes the secokid section.
In order to get the full bearing of its
provisions, which are also imperative,
it will be necessary to quote the.whole
section at once. It reads thus :
Sc. 2. Representatives shall be
appoitioned among the several States
according to. their respective numbers,
counting the-whole number. of persons
in-each State, excluding Indians not
taxed. But Nyhenevdr the right to
vote at an election for Ele ors of
President and Vice-President, or for
United States Representatives in Con
gress, Executive or Judicial officers,
or the members of the Legislature
thereof, is denied to any of the male
inhabitants of suQh State, being twen
ty-one years of age and citizens of the
United States, or In anyway abridged,
except for participation in rebellion or
other crimes, the basis of representa
tion therein shall be reduced to the
proportion which the number of such
male citizens shall bear to the whole
number of male citizens twenty-one
years of age in such State."
It will 'e seen that this- section
plainly implies* the right of every
State to decide for. itself who shall
not vote within the bounds of its juris
diction, Further investigation into its
provisions shows plainly that it is au
amendment to the third clause of sec
tion 2nd, Article 1 of the Constitu
tion- In brder to bring before the
mind of the reader directly the pro
visions of the amendment and that
which it amends, portions of,the two
are placed in juxtaposition as follows:
THE ORIGINAL. THiE AMENDMENT.
" Representa- "Representatives
tives and direct shall be appor
taxes shall be ap- tioned among the'
portioned among several States a
the several States cording to their
which may be in- respeotive num
eluded w i t h i n numbers, count
this Union, ac- ing the w h o 1 e
cording to their number 'of' per
respective, num- sons in each.State,
bers, whiche shall excluding Indians
be determined by not tared."
adding to t he
whole number of
free persons, in
eluding t h o a e
bound to service
for a 'term 6f
years, and exclud
ing Indians not
taed, three fifths
of' all others per
Now let us compare candidly the na
ture of the provision. of these contrast
ed enactments. And we wish it dis
tinctly understood that we are -sitting
in judgment upon this Constitutional
Amendment impartially. In thin ar
ticle we favor neither its rejection for
its adoption by our State, .but solely
as a judge of its merits we nit, bia4ing
neither the fear of the. Radica nor.
the favor of the *Conservativel .before
our eyes. This muc.h we think neces
sary as sogne of our 'exchanges are pet
euliarly "touchy" upon this Amend.
ment matter. But to the -investiga
The count In the Constitution em
braces three distinet classes, viz:; (a)
all free 'persona, (b) ponens bound to
servioe for a terms of years, and (c)
all other persona, eept Indiaps not'
taxed. The. esunt in the samendment
edinprehends in one class "the whole
number of persona in . eh State, ex
The amnendhentMAM peopoes a
change in the' basis of representation
Thme character of that chatige deserveo
notice.It Is' 'htoriesliy true that
reptesdatfa tMr thbe n1egrqe ar de
or a a Bybedoaars ate tie>4
the framing of the Constitution. And,
it vas not until those same owners
consented that the slave trade should
be abdlished In 1808, that the Noith,
er ant*slavery members of the Con
vention would grant the privilege of
this three-fifth representation. But
slavery is abolished, and therefore
this importhnt class in the basis of
representation is entirely striekeoout.
Some change then is necessary in that
portion of the Constitution. That iu-.
strument must defLne the political
status of the negro, and say that he
either is or is not embraced in the
basisof repr.,sentation. No matter
what party be in power, Radical' or
Conservative, this declaration mus,.
be made. So then there is nothing
unconstitutional in this proposed
ehange in the basis of represen
tation ; we mean of course, in so much
of the Constitutional Amendment as
is contained in the first clause of the
We now call attention to the second
part of Section 2nd, *hich restricts
the basis of representation in a cer
tain contingency. The pith of that
.restriction,is this : but whenever the
rightto vote at certain elections is db
nied, the basis of representation shall
be reduced in a certain proportion.
This provision leayes it optional with
the several States whether or not they
shall extend the elective fran'dhise to
those persons who had before the wsr
only q three-fifth representation. Of
course it means-no vote, no represen
So far then, if the' Constitutional.
Amendment be forced upon us, it will
not ipjure us very materially. But
the third section is the one peculiarly
offensive to the South in consequence
of its proscriptive character. We
cannot extend this article any, further
in this analysis, but will defer the in
vestigation into the merlts of the
third and most important seatIons for
The Court of Commoa Pleas st
deleral Sessions began its Vali sh
tigs, yesterday at 10 olclocki;Hie
Hondr, Judge Dtwkini, presiding. 1I
a fey minutes after Uis Honor, whosc
displays of eloquene6 and legal k6wl.
edge, as Solicitor' wp have so, oten
heard at this Bar, tidok his seat, he or
dergd th.all of fie Grand . Juiy, and
when the Clerk. was about to adminis.
ter the oath to them, he' Instr'oted
them as to the nature of the solemn
oath they were to take. For the first
time we heard a Judge exIplain 'how
the oath should be taken: We havq
see the mnost.awkward mojoients by
Jurors in the solemn,and 'impressive
(or -what should be) ftorm of taking 6he
oath. Bt it was not so yesterday af
ter the simplo explanation .made bv
The charge.was then -givevh "to the
Jury in a manner specific and forcibly
clear. Two indictments for murdei
ha'd been made by the Soiicitor, and
in his remarks to the Jury upon these,
His Honor explained,.deftn *and 11.
Iustrated the term maliepi, and the
and tlhe technical mneaing of it.
. Te occasion presentiog soine -nom
features in the working of the Coit
as for instance the administering ol
the 6ath to persons of oolor;the Judg
made it available to explAin 'to the
Jury that although that was a novel
feature, yet It made no change in wias
has always been law In retgard to the
m'urder of a person of color by a white
man ; and that the law '*never .recog
nised any distinction of clor n 4 a1
But there was a change In regard t
giving e,.ideneb. They had jdtNeet
negroes sworn to gIve evidence. Then~
has been a prejudice against negp6 teal
tim~ony, but he had never entertsiIad
that himself. . MaUl&odsu 'pEtson'aWU
orlminals had taken adnantge tf
exclusion of negro teamptoaj. ehad
knowg~ eases ib which th.eubejnds
hyd been frustwated by (pdb$ix$
skade inattUments in u te
All t6enoy is taken for what it
woth, and ,he petit jurors are th,
proper judgos o.what that worth l,
He bas seen uo il results from negr%,
testitnosy. e Courts, but on the.
contrary knows that by such testimon.
links are supplied in the chain of evi
dence which could'not Ve obtainei
any other way. . .
Theso-are not the. exact words o
Hiq Honer, but.,thoy are sonethlgo
The 'Judge extended his charge
touching upon the' varfous Boards o
Comnissioners, their duties, &c., b*
we bave not the time to give all the
synopsis of the cbrge from our notes.
After this a vety interesting discus
sion arose upon the sudject of the ju
risdiction of the Court upon a motion
to order the renewal of executions.
Not being versed in the technicalities'
of the Law we could jiot appreciate it
ss we would have desired, but there)
was evidently an important issue upon
the matter between the Bar and the
Court before it was cleared up.
The Grand Jury returned true bill
in the two cases of murder above alt
United States and Mexico.,
NXw O8,sns, Oct. 26.-Gen' Sheridan
on yesterday, 'addressed a letter to Col.
tedgwIok, commanding at B3rownsville, d'
reeting him to warn all ,(adherenis of atty
p arty or pretended governmunt in Mexico
that they will not be permitted to violate
the neutrality laws between the U. S. and
Juarez governments. The inst ructions will
be enforced against the adherents of ibo so.
called imperial government of Alexico, and
9lo against the Ortega 1anfa-Anna and
other factior.s. .
The Louisiana Oonvention.
Naw ORLIAN. Oct: 27.-It is reported on
good-authority that Gov. Wells'willrecon.
vene the constitution i convention of 1864:
He says he has assurances from leading
members of Congress . that he will be suo.
tained by force, if necessary.
The Police ommissioners.
BAITMMoRs. Oct. 2'.-The examination of
witnesses against, the Police Com.Mis0iners.
before Gov. Swann, was continued to-day
At tree o'clock the ease was adjourned
till Monday, when , ia believed, the matter
Oritioal Oondition of the Emperor !apo
Nicw Yolx, Oct. 27.-The Berlin corres.
panden-e of the l7>une says..that, on the
17th, the Chief Surgeon of-the Prnissisn
army ieft, for ,UArrits, to consult with the
jy,joians of. Napoleon on the -possibill4y of
A dispatch had been received from the
'Prusglan embass-?," Paris.asaying that there
wis no hopc for Ipeon, and that his death
0sy be-h drly okpect4l.
(,:p . -
iterview-whi the President.
A4sxotok, Oct. - 27.-Gen. *Sherman
had another interview with the President
- reiau oynpathy.
Nw YoVtK;- Oct 27.-Much exitemt
ex)s*& here aniong the Irish, itrooniitibnoe
of the ConvipLIon 'and sentence to death of
Mellabon anud Lyneh, Fehanas, en Catuada.
Timb Comion Concl lihes adopted resolu
ts as stating that, in a spirit of humanity,
the Mayor, Alderman and Comnmonaliy re.
quest.the Goverisment of Canada to pardon
Lynch and his assooiases, and expressing
the wish that thp President will unite with
'- lias X.eing of Fan1anis,
* Bereit.o. Oet. 27.-An appeal is publish
ed in the teoraing pap'ers here for a mass
meeting,.of the Ienians, on Stndsy night. '
Iurgpa pe4atapoe to tbei exeesatioh of the
Fella sintgtgly baegood to depth at ra
MnYRaLar Gtt 2.-TJhe neirs that
Lyneh, the Pealam, has-beeb s'evtenoed to'
-death, has esnsed wuoh discussion h6re.
A spuMge log, of Warrasateuial had arei
'en the 184& DEeentber
'The ethe Veqlak trIaIs VI1iot ib en.
he Ashted 6y : ipfAseulei osainul to'
as.Ay iqs, o.eing
Teae aff 10dhat fa it
qqj dq9 a epsfwArsEa atOltg$
do M W9dlease .o .w
@ Sag, set tea Nw Tua
67 1866. aL9
Ante and Roaches .
jso, tasar Aol,. co?ie Out',
*4 tiie and gfes,
in 'e of cats,
"18 years established in N. Y., C1t.1
"Only inf&llible remedies known.'
"Free from Poisons." -
"Not; dangerous to the, fluman ,Family.0
"Rats some out of their holes to die."
'Comsr's" Rat, Roach, &a.. E.e
Is a paste-used for Rets, Mice, Roaches,
Black and Red Ants, &e., &c., &o., &o.
"Coster's" Bad-Bug Extersnasa
Is a liquid or wasb--used to destroy,
als&44s a00ventive for Bed-Bug#, &e.
"Costatia'' Efeetric P owder for
Is for Moth, Mosguitoes, Fleas, Bed-hug,
Insetel on Plants, Fowle, Animals, &v.
sw I I I WAR I I I of all worthlesi
S e that "0osTAa's' naMe is on
each Box, 40ttle, -ad Flask, befol% yeu buy..
S Address, EN LY I. C 'A
484 Oh'oa , .Y.
All Druagists and. Retailer, everywhere
outh. Barnes, Ward & Co., New Orleans,.
INCREASE OF RATS.--The Farnees'
arelte (English) asserts and proves by fig'
es that one pair of RATS will have a pro
ny and decendants no less than 061,050'
three ye. re. Now, unless this immense
mally coa be kept down, they would eon.
me more food than would sustai 66,000
See'Oswy's"s! rieg se atbve.
a ATS versus BIRDS.-Whoe.ver engages
a shooting small 'birds is a cruel man; who
inatin ,-. -
Thinking something must he wrong fur
ther assistanco was summ'oned, ann r.f
addition'Al shovelling, to enlarge the eu
traide, sit itndIvidtnali were dragged intw
daylight, much against their will '
Everybody was astofilshed at. the circum
stknoe, especially as the prisorerw had every
appearance Confedermes. On investtga
tion, it was. discovered that the cave,
through the side of which the chain gang
had broken. had an outlet at the foot of tho
old niont, among sonc thick anl impenetra
ble bushes, and that these Confederates.
having determined not to surrendet, and
taken refuge in 'fhis oavb, and remained
Viere con'o-alid ever since the opture. of
Mobile.. How they subsisted it is difficult to.
tell, but it may be that parties living in the
neighborhood may be alke to give some in.
Aftriaion on that head.
This story is improbable on its face, but
does not so apear after on investigation.
Captain Seymour had all six conveyed to the
guard houase, where they were lat night
visited by many citizens.
It is stated by a person who was one of
the'defenders of theo city at the time of the
stirrender he had heard at a club had
been formed, -ealled the "E'?lgaters." who.
bad sworn to burrow before thsey would sue
N o ed , November 6th, at 1%'t
. oksold-uitheb Old Printng#
0*l, in Winabaro~s the stock of Good.
Opds gi,~in , 'oerestUrocerles,
Boots aud.Shope, Ab. iao, a, oi of Purial
tare, a #tb9e, ,Wagon, dpring Wagos, :Bug.
gy, pw, Hogs, Ac. -Aso the desirable
Hiou3e and I4, oneo of the most, healthy a
rettneCaeb, for all but the tJouite,vshieK
11l be'dae.feprth Caseh, ballance to unit thre
p9rchasp9~ oct 80-t2
atl~ pk acel,y eouplad by Mr.