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Desportes Wiliams & Co., Proprietors.] A Family Paper, Devoted to Science, Art, Inquiry, rrdustry and Literature [Terms---$3.00 per Annum, In Advance.
VOL.11.] WINNSBORO, S. C., WEDNESDAY MORNING, FEBRUARY 19, 1868. [NO.35
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Trip lightly over trouble,
Trip lightly over wrong,
Wc only mako griefdoublo
By dwelling on it long.
Why clasp woo's h.nd so tightly ?
Why sigh 'er blossoms dead ?
Why cling to forms unsightly ?
Why not sok joy instead ?
Trip lightly over sorrow,
Though all the day be day,
The sutil may shine to-morrow,
A nd gaily sing Ihe lark ;
Fair hopes have not departed,
'I hoigh roses tunay have fled;
Tien tiever be down-hearted,
But look for joy instead.
Trip lightly over sadness,
StIam 1 not to rail at doom:
We've pearls to string of glatiness,
On this side or the tomb:
Whilst. stars tire tiight 13 shining,
And the Heaven is overhead,
Fnicoumge not. ropinring.
But look for jay'instend.
A DECLARATION OF RIGHTS,
RE MARKAULE DOCUM10NT.
We, the peol)e- of the State of
South Carolina, in Convention assom
bled, Grateful to Almighty God for
this opportuinity, deliberately and
peacefully, of -nteritng into an explio
it and soletan compact with each other,,
and forminimg a new constitution of civ.
il government for ourselves and pos
terity, recognizing the necessity of
the proteetion of the body politic in
all that portains to their freedom,
safety and tranquility, and imploring
the direction of tho- Groat Logislator
of the universe, do agree upon, ordain
and establish tia following
DECLARATION OF RIGHITS AND FOR31 oF
GOVERNDMENT AS TIE C9NsTITUTION
OF TIE COM-*IoNWEALrIl OF SOUTH
DECLARATION OF RIIITS.
SEC. 1. All men are born free and
equal-ondowed by their Creator
with certain inalienable rights, among
Wwkich may be reckoned the right of
enjoying and defending their lives
nhd liberties, acquiring, possessing and
protecting property, and socking and
obtaining their safety and happiness.
SEC,2. Slavery shall not exist in
this State, nor involuntary servitude,
otherwise than for tle punishment of
crime, whereof the party shall have
been duly convicted.
SEC. 3. All political poWer is vested
in and derived from the people only :
therefore they have the right at all
times, to modify their form of govern
mont in such manner as they may
doomn expedient, when the publio good
Sac. 4. Every citizen of this State
owes paramount allegiance to the
Constitution and the Government of
the U~nitedl States, and noe lawv or ordi
nance of this Stato in contravention
or subversion thereof can have any
Sac. 5. This State sh all ever remair
a member of the American Union,
and all attempts, from whatever
source, or upon whatever protcxt, to
dissolve salid Union, ought to be re
sisted with the whole power of the
S~;q6. he - right of the people,
porcably to assemble to consult for
the common good, and to petition the
government, or any department there
of, shall never be abridged.
Sac. 7. All persons resident in this
Stats/.Qn in the United States, or
who have boon naturalized, and shall
have legally becomo citizens of the
United States, are hereby declared
*citizens of South Carolina, possessing
equal and political rights and public
privileges as hioreinafter declared by
* this constitution.
S,~o. 8. All persons may freely
speak, \vrto and puiblish their sonti
ituents on any subject being responsi
ble for the abuse of tliatright; and no
laws shatil be enacted to* restrain'ot
-.abridtge the Ubherty of speech er of the
SEc. 9. In proseeutionB far' the pub
lication of papers investigating the
pilioial conduct of ofticoe or i:oniin
*public capacity, or when tho matter
p.$ ublished is proper for publiolinforma
* ion, the truth thereof mnay be given in
evdnce ;. and that in all indiotmonts
for libel, tije jury shall htavo the right
to determine the law and the: facts uin
d~er the direction Qf the qou1rt4
Sac. 10. No person shall'b de priv
ed1 of the rightt to worshi1 G'6d ltecord
ing to the dictates of .is ,onn
science ; Provided, That the liberty
of consocionoi hereb~y declarved shall
piot justify practice moconsisten~t with
the- peace and moral safety o sovoiety.
Sru. 11. No form of religion shall
be established by law ; but it shall bo
the duty of the legislaturo to pass
suitablo laws to protect every religi
ous denomination in the peaceablo en
joyinnt of its own mode of worship,.
Snc. 12. The right of trial by jury
shall remain inviolato.
Sie. 13. No person shall be dia
quafiliod as a witness or prevented'
from acquiring, holding and transmit
ting property, or be liable to any oth
er punishment for any other offence,
or bo h-i-derced in acquiring educeation,
or be subjected in law to any re
straints or disqualifications in regard
to any personal rights than such as are
laid upon others under like circnm
Se. 14. No person shall be held to
answer for any crime or offence until
the same is fully, fairly, plainly, sub
stantially and formerly described to
him ; or be- compelled to accuse oi
furnish evidence against himself ; and
every person shall have a right to pro
due all proof that may be favorable
to him, to meet the witnesses against
him face to face, to have a speedy.and
pu'blic trial by an iinpartinf' jury, and
to be fully heard in his defence of
himslf or by his counsel, as he may
Sec. 15: No person shall be arrest
ed, imprisoned, despoiled or dispos.
sessc'd of his, property, immunities or
privileges, put out of the protection
of law, ciled or deprived of his life,
liberty or estate, but by the judgment
of his peers or the law of the land.
And the legislature shall not enact
any law that shall subject any person
to punishment without trial by jury ;
nor shall he be punished but by vir
tue of a law already established, or
promulgated prior to the offence, and
Suc. 16. All courts shall be open,
and every person, for any injury that
he may receive in his land, goods,
person or reputation, shall have reme
dy by due course of law and justice
administered without necessary de
Sc. 17. All person: shalf, before
conviction, be bailable by sufficient
sureties, except for capital offences,
when the proof is evident or the pre
sum ption great; and excessive bail
shall not, in any easo. be required,
nor corporeal punishment inflicted.
Sr.c 18. The privilege of the writ
of habcas corpus shall not be suspend
ed, except in case of insurrection,
rebellion or invasion, the public safe
ty may require it.
Sac. 19. No person, after having
been once acquitted by a jury, can
be again, for the same offence, put
in jeopardy of his life or liberty.
Sac. 20. No person shall be pro
coeded against criminally, by infor
mation for any indiotable offence ex
cept in cases arising in the land and
naval service, or in the militia when
in actualservice in the time of war or
public danger, or by leave of the
court, for oppression or misdemeanor
Sac. 21. No person shall be impris.
oned for debt, except in cases of
fraud ; and a reasonable amount of
property, as a homestead, shall be
exempted fron scizure or sale for the
payment of any debts or liabilities,
except for taxes, that may be con
tracted after tho. adoption of this
Bac. 22. N'o bill of attainder, 0%
poJst]1ett; law, nor any law impairing
thme obligation of contracts, shall ever
be enacted; and no conviction shall
work corruptionk of blood oc forfeiture
Sac. 23. Treason against the Statd'
shall consist in levying war against
thme same, or in adhering to. its one
mies, giving themn aid and comfort.
No pcrson shall be convioted of trea
son unless on the' testimony of two
witnesses to the same overt act, or on
confession in op>en court.
Sac. 24. All persons have a right
to be secure from reasonable seareh.
es or seisures of'itreir persons, houses,
papers or possessions. All warrants,
therefore, are contrary to' this right,
if the cause or fondation of them be
not previously supported by affirma
tioni or oath, and, if the order, in the
'warrant, to a oivil officer, to make
search in suspected places, or to ara
rest one or more,. suspected . per'sons,
or to asfr~o their property, be not
accompanied with a special designa
tion of' the persons or objects of search,
arrest or selizro ; anid no wanant shall
be issued but in cases anid with the for
malities preseribed by laws.
Sac. 25. Private property s1b11. not
be taken or applied for purbife use-,,or
for the use, of corporations,' other than
maunpal or for private use, without
the consent of the owner and a just
compensation being mtado trietofee;:
Provided, hiowever, that laws may be
made sonrig to porsons or eqrpora
tidas the y1ghtpof way, over the . 1 ands
9tete,OIr on or ggrpargtions, aiyl
for gor ofl .nm 'wprvement the
Sa.26. Thipe rl asuo
the laws,'or the stenut ion of' the laws,
oug nioVpr to be .Meroledab4i; h
fegislature, or bymlghoriy deriveilaroi
it; to be exercised mn ouch particular
canea only as the i*'ialature 'nhall ex.
pressly provide for.
Svo. 27. No person shall, inl any case,
be subject to martial law, or to any
pall i or penahies by virtuo of that law,
except dhose employed in the army or
navy, and except the militia in actual
serviee-, but by authority of the legisia
Sno. 28. In the government of this
common wealth the legislative depart
mont sliall never exercise the executive
andjudicial powers, or either of them ;
the executive shall never exercise the
legislative ar-d judicia! powers, or either
d them ; the judicial shall never exer
cise the legislative and executive pow.
ers, or either of tliem, to the end of it
may be a government of laws and not
Sho. 29. The legislaturo- ought fre
quontly to assemble for the redress of
griovances-for correcting, strengthen
ing and confirming the laws, and for
making now laws as the common good
Sio. 30. The people fiave a right to
keep and bear arms for the common de
fence. As in times of peace, armies are
dangerous to liberty ; they ought not to
be maintained without the consent of
the legislature. The milita'ry power
shall always be held' in an exact subor.
dination to the civil authority,. and be
governed by it.
Sno. 31. In time of pence no soldier
ought to be quartered in any house with.
out thio consent of the owner ; and in
time of war, such qunarters ought, nlot to
;e made but in a man-ner prescribed by
Si.c. 32. No person who conscien
tiously scruples to bear arms shall be
coin)elled to do so, but he may pay an
equivalent for personal services.
Sm. 33. All elections shall be free
and open, and every inhabitant of this
coinmonwealth possessing the qualifica
tions provided for in the constitution,
shall have an equal right to elect officers
and be elected for public employment.
Smo. 34. No property qualification
shall be necessary for in election to or
the holding of any office, and no office
shall- be created. the appointment to
which shall be for a longer time than
good .behavior. After the adoption of
this constitutlon, any person who shall
fight. a duel, or senud or accept a chal.
longe for that purpose, or- be an a:der or
abetter in fighting a duel, shall, be de
prived of holding any offie ot honor or
trust in this State, and shall be other
wise punished as the law shall pro
Sxo 35. The right of suffrage shall
be protected by laws regulating elec.
tionus, and prohibiting, under adegnato
penalties. nil undue influences from
power, brit)ery, tumult, or improper con
Spc. 30. Representation shall be ap.
portioned according to population, and
no person in this Scate eball be disiran
chised or deprived of any of the rights
or privileges now enjoyed, except by the
law of the land or the judgment of his
Si,:o. 37. Temporary absence from the
State shall not forfeit a residence once
SEC. 38. All property sulbject to- tax
ation ought to be taxed inl proportion to
its value. Each individual of socity
has a right to be protected in the enjoy
ment of life, property, and liberty, ac
cording to standing laiws. He should',
thereiore, contribute his share to the
expense of protection, and give his per
sonal service when niecesary.
SEU. 89. No siub~sidy, charge, impost
tax or duties ought to be established,
fixed, laid or levied, under ainy pretext
whatsoever, without the consent of ihe
people or their representatives lawfully
Sso. 40. Exces,'ive tines shall not be
imposed, nor cruel or uniusual punish
ment inflicted, nor shall witnesses be un
SPo. 41. No tithe of nobility or dis
tinction, or hereditary emolument shall
over be granted in this State.
Siso. 42. Atl navigable waters shall
remain forever publio highways, free to
the citizens of the Unitea States, with
out tax, impost, or toll imposed ;and no
tax, toll or impost, or wharfagpo shall be,
inmposeml, demsanded or received from the
owners ot any merchandise or commodi
ty, for the use of the shores, or any
wharf erected on the shores, or in or over
the waters of any navigable stream, un
less the same be exprtessly authorized by
Sjo. 41. The esumuieratir of rights
in this constitution shall not be constru
od to impair or deny otherrs tetained, by
the people, and all powers heremn. dele
gated~ femnain wii lithe j1eople.
be' vested in a Supreme tjourt, and in two
Circuit Courts, to wit : A Court of Commin.a
Pleas, haiving elvil jurisdietion, anod a
Ceurt of General SessIons with'er'imunalju.
rtedelonr di4f, Ia Dtnttlet and Probto
Cour't, and la Justices Qf the. lst@.' oVi
General Assembly magg*iso .estdllsh' sulh
msunlpal and other aferior og~ts a's may
be deemed necessary.
Se- 2 The Stvpremne Court shalf cotsist
of three judges, ti~d ef rhomt a1ll obnsti
tute a quorum ik g idV Ge~o $ by.a
joint vote of the o~flral Aqeab for the
term of eix years, andi shN U' tont* '
ote until thj. isgoar 'shall be elected
Suo 8 They shall1sgeleaoised gn
of thejudes shpll oubot cP idry
two years IM t MiaS short.
est term t oi~dt~t Willoation
shall b ef U dtt~ o during
hi. term of offoe, andi so on in rotation,
8Su' 4 The Genra& Assemably, imm.
di(ely after said election, shall determine I
by lot which of the three judges shall servo I
for the term of two years, which for the 1
torm'pf four y4ars and which for the terr
of six years; and havingso dotermined the i
same, it shall be'the duty of the Governor I
to Cinmission thon accordingly.
SRO 6 The Supreme Court, shall have
appelate Jurisdiction only in cases of chain
oory, A'd sfiall constituto'tiho court for tfhe
correction of errors at law, under such re
gulations as the General Assembly may by I
law prescribe : Provided, Tho said court
shall always have power to issue writs of i
injttnctioir, mandamus, guo' tetwanto, habear I
corpus, and such other original and reme- I
dial writs as may be necessa.my to give it ai
general supervisory control over all other
courts in the State.
SO 0 Tihe Supreme Court shall be held
at least once in eoch year, at the seat, of i
governmren!, and a :uoh' other piaco or j
places in tho Stato as the eneral Asstinbly I
Sx 7 No fuilge shall preside on tfio'trial I
of any cause In the event of which ie may I
be interested, or where either of the parties
shall be connected with him by affluity or
consanguinity, within.such degpoes- as may
he may be prescribed by law, or i which ho
may have been counsel, or have presided in
any inferior court, except by consent of all
parties. In case all or any of the Tudges of I
the Supreme Vourt shall be t' u . lisquali'fd I
ed from preslkiing on any cas a causes,
the court or the judges thereof jsn'l certify
the same to the Governor of the state, and 4
ho shall immediatoly commission, spoolally,
the requisito numbeo' of mon of law knowl- <
ed'go for the trial and determination thereof.
The same courso shall be pursue.Iin Che cir
cuit and inferior courts as - prescribed In
this section for cases of the Supreue Court.
SsO 8 There shall be appointed by the
Judges of the Supreme Court a reporter J
and a olerk of said court, who shall hil4
their offlicos two years, and whose duties 1
and compensation shall be preseril6t by
SO 9 The Judges of the Supreme Court
shall give their opinion upon important,
questions of constitutional law, and upon
solemn occasions when required by tihe
Governor, the Senato or the House of RIep.
resentatives ; and all such opinions shall ha
published in connection with the reported
decisions of said court.
Sxo 10 When ajudgmentor decree is to
versed or affirmed by the Supreme Coufrt,
every point made-and distinctly stated in
writing in the cause, and fairly arising upon
the record of tihe case, shall be consideo,.
and deci'od; and the reasons- thoreor'shalil
be concisely and briefly statedO in writing,
and pro6orved with the records of (lie c*e.
8xo 11 The Judges of the Supreme
Court and tihe Circuit Courts shall, at stated
times, receive a compensation for thdir ser
vices, to be fixed ny law, which shall not
be diminished during their continuaneo in
office. They shall not be allowed any foes
or porquisities of office, nor hold any otfier
office of trust or profit utinder this 8tat, the
United States, or any other power.
So 12 N- person- shall. boe ligi blrot,he
offito of Judge of the Supratue- Court or
Circuit Courts who is not at the time of his
election a citizen of the United States, and
has not attained the age of thirty years,
and been a resident of this State for five
years next preceding his eleation, or from
the adoptioh of this constitution,
Smo 13 All vacancies in the Supreme
Court or other inferior tribunals shall be
filled by election; Provided, That. if- (he un
expired term does not exceed ono year, such
vacancy may be filled by Executive appoint
ment. All Judges, by virtue of their offico,
shall be conservitora of the peaco through.
out the Stato.
SRo 14 In all cases decided by the Su.
prene Court, a concurrence of two of the
Judges shall be necessary to a decision.
8&o 15 The 8tato shall b.u divided into
convenion. 'ircuits, and for each circuit a
judge shall be elected by the qualalied elec.
tors thereof, who shall hold his office for a
term of four years, and during his contin.
unnoo in office lie shall reside in the circuit
of which lie is judge.
SRo 16 Judges of the Circuit Courts
shall interchange circuits with e.ach other
in such manner ai may be dotermined by
850'17 The Courts of O'ommnon Pleas
shnmimhave exclusivejrisdict ion ini all'cases
of divorce, and exclusivo original jurihlio.
tion in all civil eases an~d actions ex deliclo,
which shall not be cognizable before Justi
ces of the Peace, and appellate jurisadiclion
in all sucoh oases at may be provided by law.
They shall have power to issue writs of
mandamus, prohibition, acire facias., aiid all
other writs which may be necessary for I
carrying their powers fully into eticoet. I
Srac 18 The Court of fiommiibu iMons shall''
sit in eh Judicial District, in thisa Stats at
least, twice in every year. at. such stated
times and places as may be appointed by<
law. It, shall have full jurisdict ion in all
matters of equity, bt the courts hal'totlne
established for that purpose shall continue
as now organtzed until (lie first day of Jan-1
ary, one thousand eight hundred and sixty..
nine, for the disposition of causes now
8xo 19 The General Assembly shall pro
vide by law for the liecservaion of tihe re
cords of the Courts ot' Equity, and also for
the transfer to the Court of Common Pleas
and Probate Courts for final decision of all
causes that may remain undetermnined.
Sac 20 The Court of General . Sessions
shall have excltusive j urisdictioh- overi a#l
erimninal oases whi~h s hall not be otherwise
p rovided fo.t by law. It shall sit, in each
Jud iciali Distrot in the S tatc at least; three
timnes in each year, at such stateil tiee
and, places as the General Assembly mmiay
Suo 21 The qualit'od' electors of eefch
judicial distriot ashall-elect three persons for
the term of two years, swh'o shall constitute
a District Oourt, which' shall havo full juris
diot ion ever roadser .htghways, fleriet,
bridges, and in all matters- i'lating to ta;
es4. disburfemes of money for distri'ot ptur
peos, and ini eoo'y other- din.so thaO may bo
necessary to ther ihternal improvement
and local corroenr of tiho' r'espectivo .dis
MiO 22. A (otln (f frobiate'uliaa beo es'.
fablished' in each judipial district, with
jotjadiatiott in all'mattets testamientory~ andt
of adlmitgetration, in business appertaining
to malzrpand t65e allotment, of 4lowev in'
Qasoefo ididloy, bad, Lwaoy and sofsdny
non edsoa met The jge of saf oout4
shall be eleoted ty the quaiiIei el0oo!6
the* reapperiyedistidte for the terms of:t'Mo
~he n4Iso bjtraii4 eE l~~
of, Ma 1uelt aerM s bs Genietet Aismbhyi
may diret ; they shall bold their aflo., fog
a term of twoyrt, an~d until their s ldet.
6ors ar5e eted and qualid.d They shall
reside kn the distuies, oltg euJeat, foe whk. J
hoy are elected, and the Justices of the1'
Peace shall be commissioned by the Gover
Sac. 24 Justices of the Pence, Individu
dLiy, or two or more of them jointly, as the
Joneral Assembly may direct, siliall have
wiginal juriidiot ion in cases of bastardy.
Lad Iin all stitet s of contract, and actions
'or the recovery of fines and forfeituros
whore the amount claimed does not. exceed
me hundred dollars, and such jurisdiction
is may boeprovided:by law in actions ex delic
u, whore the daiages claimed does not
ixceed one hundred dollars ;: and prosecit.
ions for assault. and battery andi other
>enal ofences less than felony, punishable
)y fines only.
Svc 25 They may also sit as examining
:ourts, and commit, discharge. or rooognize
lorsons charged with offonces not capital,
ubject to such regulations as the General
insembly may provido;. they shall also
tavo power to bind over to keep (he peace,
or forgood' behavior. For the foregoing
iurposes they shall have power to issuo all
Suo 26 Every action ooguiablo bcforo
[ustlcs of the Peace, instituted by sun
nons or warrant, shall le brought before
omo Justice of the Peace in the district or
ilty where the defendant residos, and in all
auh causes tried by them, the right of
Ippealshall be s8uuodot under sich rules
Ind regulations as may be provided by
So 27 'I he Judges of Probate Dist
'ourt Judges, Justices of 1ec'moo, and C
tables, shalt- receive fer their services :h
tompenstation and fees as the Geoiwral
kssenbly may from to iio to time by law
So 28 No person who has arrived at. Ilhe
Igo of seventy years, shall he appointed or
Ilccoted to, or shall continuo in the office of
udge in this Stot,
*EB 2) Judges shall not charge juries In
'espect to matters of fact, but may state the
estimony and declare the fad%.
Suo 80 There shall be elected in each
ludicial District, by the electors thereof,
me clerk for the Court of Common Pleas,
vho shall hold his oflico for the term of
,hroo years, and until his successor shall
>e elected and qualified. Ie shall, by vit
no of his office, be clerk of all other courts
)f record held therein; but the Genernl'
ssembly may provide by law for the clee
Ion of a clerk, with a like term of office, for
)aol or any other of the courts of record,
med may authorize the Judge of the Probate
,ourt to perform the dutins of clerk for his
murtunder'sulh VogUattions is tlie Giolb
al Assembly may direct. Clerks of courts
thall be removable for such onuse, and in
much manner as shall be prescribad- by
Sa 81 There sHll 16 fmi Atlorney
lenoral for this State, who shall resido at
ho seat of government, and shall preform
mnoh duties as may be prescribed by law,
fe- shail be-elcted- by a joint vote of both'
iranohos of the General Asscmnll'y for tie
term of two years, and shall receive for
ds servioos a compensation to be fixed by
Slto 82 There shall to one Solicitor for
MttSh oircuit, who shall residb tihcroin, to b'
lected by the qualified electors of tAi 'ir
,mit, who shall hold office for the term of
our years, and shall receive for his services
i compensationu to be fixed by law. In n1l
3aRes where an attorney for tijo State, of
mny circuit, fails to attend and liosecute,
%ocording to law,the ooth-t shall htve pow'er'
to- appoint an attorney pro tempore.
Seo P8 Tho qualhfied electors of each
listrict shall elect a Sheriff, a Coroner, and
u Ulstriot Surveyor, for the term of two
restes, and until their successors are elect
d and'qualified ; they shall be commission
d'ly the Governor, reside in their respoo.
live districts during tlieit cotnti'utimou in
)fice, and disqualified for the office a second
;im, if it should appear that they or eith.
3rof them are in' default for monies collect
d by virtue or thicir respective offices.
Svc 81 All writs andi process shall run,
ind nit prosecutions shell be conducted in
the name of the State of South Carolina ;
ll writs shall be tested by the clerk of the
3onrt from which they shall be issued; and
ll indictments shiall conclude against the
peaco and dignity of the State
Sruo 85 Thme General Assembly shall pro
nidoe by law for the speudy putbllention of
he dleetsionis of' the Suprome Court umado
uder this constitution,
8rxo 1 The General Assembly shall pass
moh laws as may he necessary and proper.
o decide differences buy arbitrators, to be
tppointed by the parties whio'may dhome
hiar tumnma'ry amode of f~djust'ment.
8xc. 2 lt. slniVHo ti1ts defty of th~e General
asembly' to pass tho' micessary laws for
he change of venue in all cases, clvil and
triminal, over which the Circttit Courts
ave original jurisdiction, upon a proper
howing, Supporteid- by aflidavit, tlnf a' fair
nud impartial triad cannot. be bait in the
Diistrict where stuch trial or prosecution was
Sue 8 The General-Assembly, at. its first,
ession afdor the adpition of'this c'onstitu,
ion, shall amako p revision to revise, digest,
mnd arrange, under proper heads, the hodly
of our laws, civil and crimtinal, and form a
penal code, founded tuponm principle's of
reformiation', andi1 have' the sanme promulgat.
md ini such mamier as they may diret ; and
t like revision, digest and pronilgtion
mhhail'6ia made wit hinu cvory subsequeit'
ported of ton'fears. 'h'ha'r' fstico sihall boh
mrdministod in a uniform mode of pleading,
wit houmt distinction hot wocn law asnd' eop*t
ry, they shall providu for abolishinog thoe
listrict, forms of action, and for that pur
poso'shalh appoint some suitable person or
person, *hioso ditty it, shall Be to' revise,
I;impilify, and'brnidkj* tile rules, lwkbt'ieu,
pleadhing s, and' forsin of -aie court now In
uise In tiais St ate.
8140'l The Stato shtfll have elftleu'hent
jurtidiot ion or,, all tivers bordering on i la
Stats;,jb' fat' avi suchr rivers, shqll fornt a
lmhnnen bounidary to this and, any other
State hostded by thd usmue ; - ah'd they, (o
!9liighwaysE,~ad foevre free, 5* , we'l o
8ao 2 The title to all lands and ,otjer
1,be:tate'of 86sut Carolin4 the'e5se 'ad
lihoa o 6asgd bid- taken, place. ei
right of soeegt aedoee 't p*e
the ulthnate prop2erty ion n to All land.
wihatejrelton the Stat and
all-lande ithe (4411 to whiokm shet, fl t ro
defect of heirs, shall revert, or e8cictt to
Sce I The House of I(epresentatives
shall ihave the solo power of impetichiont.
A vole of two-thirds of all the mtemibers I
elected shall be required for an impeach
mont, anl. any ollicor impenched. shall
thereby be susponded froim otlio tintil judg-I
ncmt in the case shall have beei pronoune.-I
e d . 0
Sne 2 All impeachments siall bo tried 1
by the Senate, aid wheni sit tiig for that
purpose, they shall be under oath or aill -
mi tion. No person shall be ontivicted ex
cept by vote of two thirds of all the' mnmn
bers elected. When tlhe Governor is iu.
peached, tihe ChierJustico of the Supreme
Court, or the senior Judge, saill preside,
with a casting vote in all prelininary quos
SEc 3 The Governor antl all other execit
tive and judicial officers, shall be liable to
itnypeachiment ; but judgment. in such Case
shall not extend further than removal front
oflico. The persons convicted, shall never
tholess, be liable to indiontont, trial and
punishinent according to law.
Sno 4 For all wilful' ileglect of duty, or
other reasonablo cause, which shall not be
stillcient ground of impeachment, the Gov
ortr shall remove any executive or)jtudicial
ollicer on the address of two-thirds of each
House of the General Assembly. - Provfded,
'l'hat.timo cause or causes, for which said
removal may be required, shall be stated at
length inl such address, and entered otn tie
journals of each House. And proiedfur.
ter, That the ollicer itiended to b rotov
;,l shall be notifled of suoh cause, or causes,
and shall be admitted to a hearing in his
Own defence, before any vote for such
addross; and it all eaes, the voto shall
be taken by yeas and nays, and be enter.
ed on the journals of eaclh Ilouso respec,
iMEPORT OP T1u COMMtTTFE ON 1DUCATItON
TIL ENeOUltAGaQti:NT o1 LITEaATORE, E'r.
Thereas, we hold these stateniets as
ariom- that education is knowledget that
knowledge is power; that knowledge rightly
tipplied is the best and highest kind of
power: that time general and nui'versal dif
fusion of education ard intelligence atong
lime people is the surest guaranteo of the
Dnhanceietit, increase, purily' and pro.
sorvat ion ol' teho great printcipler of republi.
oan liberty ; thereforo it shall be the duty
of the General Assenlilies, in all futuro
periods of this comnotmwealt ht. to establish,
provid'e for,and' perpetuate a liberal system
of free public schools, to chorish the inter
ests of literaturo and the sciences,, tind all
seminarlos and public schools, to encourago
privato and. publio instituttions, rowardis
a'd unmiunitidis fot the promotion of agri
oulturo, arts, eotmmerec, trades, imanufac
turos, and natural history of tie conttry,
to countentance aind inculcate tile princi.
ples of huianity and general benevolence,
public and piivato charity, industry amid
ebonomy, honesty and punctunality, sinceri
1y, sobriely atl- all tIocial aieeut ions and
generous sentiments among tie people.
Sic I The supervision of publio instru
shall be vested itn a StaL Suporintendent of
Education, whoshall bo elected by the
qbalifiud' elebtoti of the State in such man
ner as tite Legislaturo shall provide ; his
powers, ditties, term of ofilce tnd compen
sation shall be defined by the Onceral As
Sec 2 There shall b elected biennially,
in each district. or eounty, by the qualified
electors of each district or county, onO
School Commissioner; said Coitissioners
to constituto a State- Ioavd of Eilucation,
of which the Stale Suporintendent shall, by
virtuo of his office, be chairman; the
powers, dtios, and compensation of the
temburo-of said- Board shall be determined.
Sec 8 The General Assembly sliall as
soon a practicable after adoption of this
constil ultion, provide for a liberal and uni
form systemn of free schools throughout the
State, and'shall'asho make provision for fle
divisiofi of the State into suitable schmool
districts. There shmall be kept opoen at
least, sIx months in each year one or more
schooels igi each school district.
Sec 4 it ealb lim e dutty of'thte G'eneral
Assembly to provide for time compulsory
attendance, either public or pivate schools,
of all children het weni time ages of six and
sixteen years, ntot physicalily or montially
distibiod, for a termt equivalent, to twenty.
&d 6 The Generaf Assemibly shall levy
at each regular session after the adoption
of this comnsitutio'i an annutal lax ont all
taxable property thmroumghott thme- State for
thte support of public schools, which tax
shall be obileoled at the ramoil timot andl by
time same agents as tho' general State levy,
antd shall be paid into the treasumry of the
Stiate. Trime shmall be assessed otn afl taxa
ble polls in the Stale an ant,ual tax of one
dollar on oeh pbdl, thb proceeds of which
tars'hall be apliedct solely to educationail
purposes. No other poll or capittiont tax
shall be levied in the State, nor simall the
amnounit assessedl ont eachm poll exceed the
linmit gIven hat tils secli'ml. Thie sclmool lax
s1:all beo distributed among thto several
schmool ditricts of t ho State, in proportion
to their respective ptopulation between time
age of five and~ twenty-ono years. No roll.
ghouts Feet, or sct's- elhall have exolutsive
right to, or conttrol of swy~ parb of lime
sochoolhfunads of the State, tior sijall seeta.
rito prinoiples be taught, In time public
Sec ti Wit1hn- fh-vo years after the first
regular sesrion of the Gencral Assembiy,
following the adopltion of ti constitutiont,
% it lfbe the dutty of the Oenerafl Assem-.
by to provide for time establlishmen6s sad
siippor-t of a State Normal Sool, which
shll1 be open to all persons who may wisit
to become teachmers.
Bro 7 Institutions foe the benenlt of all
time insane, blintd anmd dtaf and dtttub, tndt
suoh other benev'olent, ingtituns ats (lie
prublio good ma~y requite shaslI be efat lishi.
ed and supported by thme state, submjeto to
such regulhtiens as ay 6e p~oimribed by
Scsp 8 Provisidna .shl bei madeo by law,
as ioom as preacticable, fot (hue establish
mbttxt~ malltenne e ofa State Iteforma
Schmool for Juvenile of.ender..
Bed 11 The'respebtiFe atr1iots or cou.
ties cf the Slate shalt buako provisions, as
may be dotplmfinedh by law, for all those
inhabltants huo by reason of age antd in
atSutie#, Oft misfortuones, may have olaiti
upon tfly sympathy amnd aid of society,
8 Bef.10 The Ueneral.' assemly shall prop
Yida fdft the nsaintenanoe of ;he St ate Unf
versity, and, as scott as ptaetIeable, r
vjdo for the eulablishmert, of an agrleultu
ral college, anid shalI.a ptr Ist the land
donated to, tids MaMu h. hesupport of
4acht a college by tho act of Congres,- pass
eo1 July 2, 18!,8, or tho money or sortp ,am
the case may be, arising from the sale of
said lands,- or any lands which ay hore.
after be granted or appropriated for such
purposes, for the support anti inaitenanco
of such collogn, anti may make IIh same a
branch of the State University, for instrate
tion in agrierltrro, the ucolinic arts,
analthu natuoral sciencs netdthr.
ill i A
c A the public schools, zolletes
and undversities of this State, supported by
tle public fiYdas, shall be free and open to
ill tle children antd youths of the State,
without regard to race or color.
c 12 The proceeds of all lands that
have been or hereafter inay be granted by
(ho United States to this state, and lnot
otherwise appropriated by this Stato or t ie
-Jnited States, and of all lands or other
property gIfete by Indivitluals or appro.
priatedl by the State for liko purposo, and
of all estates of ileconsedl persons who haa e
dlied without leaving a will or heir, shall ho
securely investod anl sacredly preserved as
a State solacol find, and the aniaual intereost
and itncone of said fund, together with snch
othor nenans as the (leneral Assembly inny
provide, shall lio fait hfully appropriated for*
tho purposo of estaBlilhing a:ni Ilailtainiayii
free puihlic lthools, naud foe ao other pur
poses or dses whatever.
A NITTY ]I rTTi.E SrP.Fvc Fntom 'Ma.
JOHNSON, or CAL.1roltNIA-A RADICAI.
SKJNNE.D.-i-h the House on Friday
Mr. Johnson, rising to a porsonal ox
plalntion, referred to a reiark made
y Mr. Pilo in' objecting, some weeks
ago, to a resolntion offered by hin in
regard to the citmenship of the Chi
neso ill California---tho objectionable
expression being that the resolution
was a burlesque on connon senso-.
and said that he had not heard tho
expression ait. the time, or lhe should
hiave repelled it. In reference to
the gentcemaiMs ability to set himsolfl
up as a censor, he land only to say that
that goutleman ought to be courtoons
to omoinbers. UIr 'knew nothi'ng of Iri'
qualifloations for the high office ie land
assumoil, but he' diil know, by looking
at thbe "Congrossional Directory,"
that thaP! gcntlomnai was a minister'
of the gospel and lrigadier Geeoral
- a surpliicod horo and a lighting'
priest. ( Laughter). Ile said this to
the guntlenon's honor, bocanse lie ad
fmtrod his buttons and reverencod his
cloth. (lfaughtor). The Judiciary
ConiMittec, to which the resolution
was to be referred, had soon no dn
ger lurking in it. Btt it wIs not the
llrst time that the oyes of wisdom had
been closetl to- thVeatoning dangor,
lio recolloted, in sacred history, that
when the angel of the Lord stood ini
the way of 1ial1aamn with his flaminig
1word,.t'urning and throatning right
and left, aiann Im had no eyes to soo ;
but the poor ass saw it, and blurred
out volomontly. (Laughter).
WuV Mit. Asoit 3. irri-l' FIrZ GRaxM
llAt.,EtCi ONI.Y $200 A YKAR.-It. is.
well known that. when John Jacob As.
tor, tho richest, man in this city, died,
ho hequeathed in hia will to Filoz Green
Ilalleck, the poet, who for a great many
years had been his intimate associat,
friend and -mfidenitial clerk, ioly tits
pitiful sum of' two hindrted dollars a
year. 'This lis ofteni beetn remtarked
tipoti .! a not of great ineanness ol Ihe'
part of M'r. A stor ; but we now have ai
explanation of it by oir popular contri
bittor, Mr. Fred. S Cozzens, who say,: .
"I atsked Mr. Eibury, one day, why i.
wia that John Jacob Astor had left:
llalleck, his Ihitl leti k, only the [ri
fling asim of two hundred dollars a year..
'I Llink that I. can ox plama thatt," ht.
Raid-:- "Iiahleck oi~ftn iimed- to joke Mir..
Astor abr~ut his aeconnadaatinag incoime,
and perhaps rather ratshaly said :"Mr.
Astor, of what. (is is aill this monaey to
yon ? I woultd b-' content to livom ott a
couno of hmindrod ia yeari fbr the rest. of
nay life, if f wats onl'y'saro of it." Thei,
old main rteemberedl thait,'" staid Mr.
Enmbaury. "'amui. with a bitteru satire. rte
aminded l Iltac'.e of' ir t- in tis will."'- N.
A Sio'w IUiANT S'tet-M r. ss:
'1' nlK fhtCA'itKn.--T'h( Il-onia of' Rop
re.senittivr's, tookc a $ttep yesxt'rdyv,. alln.
detr the leaal'of Mlr. Tihauddenas Steveaa.< I?
the tmosit extraordinitary ebiaracter. Tlhae
paer aiudi evidencee int the tnmpeachaamet
mtitctr were taiktn from thWr Committen-'
Judiciaary, to which stiele a saihj'ct, woitlt
naturally and apphropitelyP belotng under'
he rules of' thte House, and givenh to the'
(Jomittent ott lieconshtrnetio' it i
"leave to report, att ainy' tialw..! '1Sho in
dicationis aow are hiatt the presentt body
of hien-ted; a-id' violet' partiaans ini Coin
grest tire about to mxatka their bol desi
and most, fearfml' erptsriment on the pa-,
tienco a. the countr'y, which hats endured
Ltem so long'i -- these Jacobitns hopaing,.
wo doubt tlol, ti.atr the pieople do not,.
care emmgha~ abot their Govertnent nud'
Comtlitiltioti to make a struggle, or risk;;
anyltin for their presorvattionm aganite
the regatlars wielded by Gemi (tr,tIt-~
As Oca Mt)Tnvxan D->..-We, worn
amtntsed thme othier evehitig, sayss uan ex
chaniga, at three little girls, plavin:~
among theo sagui brush mi ai ,hatk ytardJ.
Two of thoem were ''maaking~bibre kp~
house,'' a few yards distaspee from eatch
orther-segh~lbora s ~ui'i. ware. Otjvof
therm says to the tI.rA ,little girl;-~.
"There, no0w, Nelly. ,t ga to Strah's
house, and stop~ij at w ile 'and talk,
and then you onme back and -tel tume
what, site anya abodt tme (a:M T'IL tallk
about hair Ohens. y on go and t~elI hs4iLt
I sa, and Lthin wu'll got, mad anl Wt4q ..
speal to each other, Just.),ik otin mot .
era o, you know. O)1, thg'll be siel