Newspaper Page Text
VOLUME YI.-NUMBER 739.3t
CHARLESTON, S. C., WEDNESDAY MORNING, JANUARY 1, 1868.
[EIGHTEEN CENTS A WEEK.
Oar European Dispatches
[BY ATLANTIC TELEGRAPH.]
GARIBALDI ANS F AUB AOUT.
LONDON, February L-No marine disaster baa
been reported from Saturday's storm. A gale
off Cork blew up the telegraph. The wires
leading from the city have been cut, and the
activity of the police has prevented any de?
The advance guard of the Abyssinian expedi?
tion has reached Autala.
The government candidates have been re?
turned from Lilies, France.
Garibaldi has written Farragut a congratula?
tory letter on the occasion of the United States
encouraging, by the presence of a fleet, the
natural aspirations of the government.
LONDON, February 5.-John Bright pleaded
the wrongs of Ireland at a meeting at Birming?
LONDON, February 4.-Noon.-Consols 934a
93j. Bonds 71 J.
LONDON, February 5-Evening.-Consols 932;
LIVERPOOL, February 3.-Evening.-Cotton
. closed quiet; Uplands 7$; Orleans 8; sales
10,000 bales. Manchester advices unfavorable.
LIVERPOOL, February 4.-Noon.--Cotton
quiet and steady; sales 10,000 bales. Bread?
stuff generally quiet.
LIVERPOOL, February 5-Evening.-Cotton
closed firm ; sales 15,000 bales ; Uplands 7?a
7Jd.; to arrive 7f d.; Orleans8a8jcL Sugar quiet.
Narai Stores quiet and unchanged.
Our Washington Dispatches.
WASHINGTON, January 5.-Eleven set speech?
es were deb ver ed to-day on the Reconer r uc tion
The Committee on Reconsti notion will report
favorably on the bill removing the disabihties
of Governor Patton.
The House discussed to-day the Grant-John?
son correspondence, but deferred action on
The Revenue to-day, $1,131,000.
General Howard has issued a circular that
officers under the rank of Major that were mus?
tered ont but retained in the Burean shall be
paid $150 per month.
TEE RESIGNATION OF MINISTER ADAMS RECEIV?
ED-NO PROSPECT OP A WAS WITH ENGLAND.
WASHINGTON, February 3.-Tho resignation
of Mr. Adams, Minister to England, bas been
received, and his successor decided upon. The
change in the mission is not on account of any
dissatisfaction as to the course of Mr. Adams
in his conduct of our affairs in England, but it
is done on the voluntary motion o' Mr. Adams.
This action has no reference to the settlement
of the Alabama claims, which are to be prose?
cuted vigorously to a finality.
The report that the President will declare
war against England, should the answer of
that government be unsatisfactory, is utterly
unfounded. The Executive does not assume
that he has the power to declare war, and there
is no reason to apprehend hostilities between
England and the United States.
FORFEITURE OF RAILROAD LANDS-MOSE PRO- |
TECTION FOB GRANT & OO.
WASHINGTON, February 5.-IN THE HOUSE
Representative Beatty, of Ohio, was sworn in
and took his seat.
The bill forfeiting Southern railroad lands
after being amended so as to except the Nash?
ville and Decatur Road, was passed by a vote
of eighty-six to seventy-three. The bill de?
clares forfeited to the United States all public
lands granted in 1856 in Alabam:;, Louisiana,
Mississippi and Florida to aid in building rail?
roads, and declares such land open to home?
stead entry and settlement under the laws of
The consideration of the bill regarding the
rights of American citizens abroad was re?
A joint resolution, authorizing the Secretary
of War to employ counsel to defend Generals
Grant, Meade and Buger, and otb.tr officers
and persons entrusted with the enforcement of
the Reconstruction acts against any snit or
proceeding in any court in regard to their of?
ficial acts, was passed. Adjourned.
IN THE SENATE the joint resolution referred
to in the House proceedings was passed.
The Southern Railroad ban bill was referred
to the Committee on PublioLauds.
After a further consideration of the Recon
8tructioiu??ttB?< uu executive session, the
_~ .Staate aajwT^^*
General Grant and the President.
WASHINGTON, February 4.-The President
and Stanton had neither written nor personal
conversation since August 12th. Tho Presi?
dent's letter to Grant, on January 31, contains
this paragraph "Yon had found in our first
conference that I was desirous of keeping Mr.
Stanton out of office, whether sustained in his
suspension or not. You know what reasons had
inducsdmeto ask from yon a promise. You
also knew that, in case your views of duty did
not accord with my convictions, it was my pur?
pose to fill your place by another appointment.
Even ignoring the existence of a positive un?
derstanding between ns, these conclusions
were plainly deducible from ocr various con?
versations. It is certain, however, that, even
under these circumstances, yon did not off. r
to return the place to my possession, but, ac?
cording to your own statements, placed your?
self in a position where, could I have anticipa?
ted your action, I would have been compelled
to ask of yon what I was compelled to ask of
your predecessor in the War Department,
namely, a letter of resignation; or else to resort
to the more disagreeable expedient of suspend?
ing you by a successor."
Grant's letter, of February 3, alluding to the
President's letter of January 31 and the news?
paper articles, says: "It is a statement some?
what more in detail of the many and gross
misrepresentations contained in these articles,
and which my statement of the facts set forth
in my letter of the 28th nit., was intended to
correct; and I here reassert the correctnoss of
my statements in that letter, anything in yours
in reply notwithstanding.
The Reconstruction Conventions.
RICHMOND, February 5.-In the convention
the fifth section of an ordinance on the Execu?
tive was adopted, with an amendment requir?
ing tho dissent of two-thirds of the members of
the legislature to call an extra session.
RALEIGH, February 5.-The convention has
been occupied for the past two days on the re?
lief measure; it passed to-day after considera?
ble opposition, nearly as it was report? d by the
The Conservative Convention met at Tucker
Hall to-day, somo fifty counties being repre?
sented by about three hundred delegates. E.
H. Smith, Esq., of Halifax, was chosen tem?
porary chairman. The Hon. William A. Gra?
ham, of Orange, was elected permanent chair?
man of the convention, with thiiteen vice
presidents. The several editors in attendance
were chosen secretaries. The best spirit pre?
vails, and many of the ablest mon in the State
ATLANTA, February 6.-The relief clause was
passed in the convention to-day by yeas 82,
nays 45. It denies jurisdiction to the courts
over all debts contracted prior to the surren?
der, but leaving it discretionary with the
majority of tho legislature to confer jurisdic?
tion in all cases as to the purchase of slaves.
Richardson, the member of the convention, who
was shot by Timmony on the 3d inst., it is
thought by the physicians, will not recover,
tho ball having passed through the right lung,
JACKSON, February 5.-The convention met
and adjourned, to give way to the Republican
nomination convention. There is a full at?
tendance of this latter body. B. B. Engleston,
President of the Reconstruction Convention, is
nominated for Governor. The convention is
still in session._
^ Alabama Elections.
MONTOOMEBT, February 4.-Eleven hundred
votes were polled to-day; six white men voted,
four of them candidates. The election is pro?
Toting on the Alabama Constitution.
MOBILE, February 5.-Three thousand five
hundred and seventy-two votes were polled
yesterday and to-day, of which three thousand
five hundred and thirty-six were colored, and
NEW YOEE, February 4-Noon.-Gold 41J.
OldBonds ll.''J ; Virginia Sixes 44j ; Tennessee
ox-coupons 64 ; now 604. Flour 5al0c. lower.
Wheat dull and drooping. Corn la2c. lower,
pork heavy at $22 50. Lard steady at Mall).
Cotton dull at 19. Turpentine 59ao9(J. Rosin
EVENINO.-Cotton firm ; sales 2800 balea at
19. Flour heavy ; State $8 35al0 75 ; Southern
$10al5. Wheat heavy. Corn declining ; South?
ern White $120al 30. Pork heavy at $22 50.
Lard firm. Naval Stores finn. Freights lower ;
on Cotton by steam, j} to ?. Gold active and
firm at 41}. Governments active.
BALTXKOBK, February 5.-Cotton dull. Flour
steady. Wheat firm; prime to choice Southern
$2 70a2 85. Corn more active. Oats better, at
78a76c Rye, nothing doing. Provisions more
active. Clear nb bed Bk. ^d lSalSj.
AUGUSTA, February 5.-Cotton firmer; sales
695 bales; receipts 840; Middling 17c.
SAVANNAH, February 5.-Cotton opened dull,
closed active and advanced; Middling 174c;
sales 2500 bales; receipts 2620.
MOBILE, February 5.-Sales of Cotton 2000
bales; closed firm; Middlings 17c; receipts
WLLIUNQTON, February 5.-Spirits Turpen?
tine advanced, and firm at 53. Rosins, lower
grades In good demand; strained $2 20; No. 2
$2 25. Middling Cotton at 17c. Tar $2 20, ad?
CONVENTION HELD BT AUTHOBITY OF THE
RECONSTBUCTION LAWS OF CONGRESS,
TO FRAME A STATE CONSTITUTION
FOR SODTH CAROLINA.
The convention yesterday was occupied chief?
ly in reading, for the first time, several impor?
tant constituent parts of the proposed consti?
tution. Discussion will probably ensue to?
We refer the reader to another column,
whero these documents are published in full.
Thirty thousand dollars more of bills receiv?
able are to be disbursed on Saturday, P. M., tc
tho M. C's. Although brokers are not offering
much for the currency-not more than sixty
five cents on the dollar-it is understood thal
outside parties are bagging all they can get al
much higher figures.
PROCEEDINGS OF THE CONVENTION.
The convention assembled al 12 o'clock.
Prayer by Rev. Wm. Thomas, of CoUeton. Tho
roll was called, and journal of the preceding
day read and approved.
L. Boozer explained to the convention that
his absence during the calling of the yeas and
nays on the passage of the ordinanco invalidat?
ing contracts, ?tc, was owing to indisposition,
and he asked leave to record his vote on the
On motion of C. C. Bowen, leave was granted,
and Mr. Boozer voted *' nay."
C. P. Leslie offered the following resolution,
which, on motion of W. G. Whipper, ms
Resolved, That the President of the conven?
tion appoint a committee of three to audit con?
tingent accounts and inquire into the correct?
ness of all bills; and no money shall be paid
until the alleged indebtedness shall have beon
investigated and reported to the convention.
The unfinished business of yesterday wis
taken np, being a resolution offered bv J. M.
Allen, o' Greenville, that the President be re?
quested'co draw from the Treasury of the Stete
$30,000 for tlie purpose of paying the per dum
and miioage of officers and members of the con?
vention, and that the same be paid on Saturday
at three o'clock P. M.
A delegate moved to amend by striking out
the word "mileage" and inserting after Ihe
word "members" the words "or other ex?
C. P. Leslie moved to amend by adding "Pro?
vided that no contingent oxpenses be paid until
the 6ame has been acted upon by tho Commit?
tee to Audit Accounts, and approved by the con?
Discussion onsued on the amendments, in
which C. P. Leslie took high ground aganst
the disbursement of any of the tunas of tho
State until the acconuts were first scrutinized
by u competent committee. Subsequently the
resolution as amended was adopted.
B. F. Randolph offered the following:
Resolved, That a committee of five be ap?
pointed to confer with General Canby in regard
to a plan for voting upon the ratification ol the
forthcoming constitution, and to report thu re?
sult to this convention.
The delegate moved that it be referred to
the Committee on Franchise and Election".
C. P. Leslie said, "Don't do it." Ho was a
member of that committoe, and if such a reso?
lution should be so referred, it would in all pro?
bability be the last ever heard from it, foi* the
committee could not be got together if Gabriel
should blow his horn.
R. C. DeLarge, as chairman of the commit?
tee, retorted that it' the balance of the mem?
bers "went oa like the member from Barnwell,
thev never would be able to report." Never?
theless the report of the majority was complet?
ed and ready to be made.
L S. Langley said he hoped the convention
would not be hard on the chairman ol the 00m
niittec, as he wa3 understood to be an artist,
and was very busy about these days.
[The allusion made was to several pencil
sketches which had been going tho grand
rounds of the convention.]
The hour for the consideration of the special
order having arrived, the convention took up
the report of the Committee on tho Bill of
Rights, which receivod its first reading, and
was laid over under the rules until to-morrow.
The reports of the Committee on the Judiciary
and Committee on Education wore disposed of
in asimilar manner, and, on motion ? i' F. J.
Moses, Jr., were made the special ordors for
half-past 12 o'olock.
The convention adjourned at 2 P. M.
By a transposition ot figures in our reference
yesterday to the resolution of B. Byas of
Berkeley providing for the payment of certain
wages due to the freedmen since Januarv 1
1863, we made it read that all malos over
12 should receive $10 per month, and a l under
12 should receive $8 per month. The figure 1
was a little behindhand, that's all; the age
should have been 21.
A DECLARATION OF RIGHTS.
We lay before our readers Ihis morning ono
of .ho most curious documents ever presented
to ?i legislative body in South Carolina, report?
ed yesterday in the Convention by the Commit?
tee on the Bill of Rights, and technically do
scribed lo be a "Declaration of Rights and
Fo.-m of Government as the Constitution of
tho Commonwealth of South Carolina."
It will be observed that the existing consti?
tution of the State is proposed to be materially
dunged, both as regards matter and arrange
mont. The .-several sections constitute a serios
of moral and political axioms on which, it is
presumed, the future fabric ol' legislation in
South Carolina is expected to be erected. First,
it is set forth that "all men are born free and
equal;" second, that slavery shall not hereafter
exist; third, that power is vested in and de?
rived only from the people; fourth, that the doc?
trine of States rights is forever dead and
bttried; fifth, that under no pretext shall an?
other attempt be made to dissolve the Union;
and, sixth, that all citizens shall possess equal
civil and political rights.
Then follows a series of provisions descrip?
tive of the rights and public privileges of per?
sons. Among these provisi?n?, it will be no?
ticed that hereafter no person shall bo impris?
oned for debt, and that a homestead shall be
exempted from seizure or sale. Privato and
corporate property is to bo inviolate, yet laws
may be made securing right of way over lands
of either persons or corporations for purposes
of internal improvement, but a just compensa?
tion, in all cases, is first to be made to the
Whoever prepared the document before us
1 as evidently had a keen eye to the probabilities
cf future stay-laws, for, ia section 26, it is ex?
pressly provided that the power of suspending
the laws ought never tobe exercised save by
the legislature, or the authority derived
Jromit. Care is taken also that neither tho
legislative, nor the executive, nor the judicial
department of the government, shall in any
wise trench upon the functions and powers of
the others. Another provision, which would
materially change the habits and customs of
our people, is that which prevents any individ?
ual who shall fight a duel, or send or accept a
challenge, or is in any way concerned in fight?
ing a duel, from holding any office of honor or
trust in the State, besides making him liable to
such other punishment as tho btw may pre?
One of the worst features of the proposed
constitution is, perhaps, the clause which pro?
vides that no property qualification shall be
necessary for on election to or the holding of
any office. In the present condition ot affairs,
il this provision be adopted, and carried into
effect, tho organization of tho government will
be BO essentially democratic that in the wild
rush for office that will be made by peraons of
all classes, for at least the next two or three
years, m my positions of trust and honor may
be filled by individuals unidentified with the
interests of the State, whose only olaim upon
the suffrigos of the people is a more legalized
The evil infiuenco of bribery, tumult and
improper conduct in elections is guarded
against; and no office is to be created, the ap?
pointment to which shall bo for a longer
time than during good behavior. All naviga?
ble streams are to be public highways, freo lo
the citizens of tho United States, without any
imposition of tax or toll, and no owner of a
wharf, erected on tho shores of a navigable
stream, is permitted to charge for the use of
the said wharf, unless expressly authorized lo
do so by the legislature.
It is but truth to say that the document
from which we have quoted bears upon its
face tho evidence of careful compilation, and,
after perusing it, no one will gainsay tho re?
mark that its several propositions aro clearly
and succinctly stated.
THE JUDICIAL DEPAETMXNT.
This article of the constitution, il" adopted ac?
cording; to tho text published bolow, will affect
grave changes in the judiciary of tho State.
The judicial power is vested in a Supremo
Court, in two Circuit Courts-to wit: a'Courl
of Common Ploas having civil jurisdiction, and
Court of General Sessions having criminal ju?
risdiction only-and in District and Probato
Courts aucWusticcs of the Peace. Tho Su?
premo Court is to consist of throe judges, who
are to'be elected by the Goneral Assembly for
the term of six years, and so classified that
ono of tho judges shall go out of ofiico every
two years, thejadge holding the shortost term
of office under this classification to bo tho
Chief Justice duijpg his tom of office.
The article pr?vidos in a very clear manner
for filling all vacanoies that may occur, tho cir?
cuits which each judge shall occupy, and the
jurisdiction which each judgo BhuD exerciso.
The circuit judge is to be elected by tho people
ol his circuit, and shall hold ofiico lor tho term
of four years. Tho Courts of Common Pleas
are to sit in each judicial district ut loast twice
a year, and lo have full jurisdiction iii all mat?
ters of equity. But thc courts no.v established
for that purpose shall continue as at present
organized until January 1, 1869, for tho dispo?
sition of causes pending thcroin. Tho Court
of Genoral Sessions shall bit at least three
times a year for tho trial of criminal causes. A
very important chango is embodied in section
21, which provide J for tho olection by tho peo?
ple of each judicial district of tln eo persons wbo^
shall constitute a district court, which shail
have full juiisdiclion over roads, highways,
ferries, bridgos, and all matters relating to
taxes, and the local concerns ol the district.
A Court of Probate is also to 'oe established in
oach district, and the people are to elo2t jus?
tices of the peace and constables, who may
hold office for the term of two years. No per?
son who bas arrived at Ihc age of seventy can
be elected or continued in office as a judge, and
no.'udgo shall charge juries in respect to mat?
ter.') of fact, but may stale the testimony and
declare the law. Necessary provisions are also
made for the election of clerks of courts, an
attomey-geueral, ono solicitor for each circuit,
sheriffs, coroners, and district surveyors.
It will be seen that the entire legal machin?
ery of the State, with but few exceptions, ii to
bo created by the votes of tho people. Tho
experiment has boen tried elsewhere with va?
ried success, and thc concurrent testimony in
several States is contrary to the wisdom and
propriety of surrounding so important a de?
partment of tho government with influences
which at best are generally capable of corrup?
tion. In South Carolina'especially, situated as
we aro likely to be for some timo to come, tho
election by the people of men who hold no
property to the important and responsible po?
sitions of judicial offices, will tend to throw
that department into the hands of the rabble,
and will subject every member to popular influ?
ences which weak human nature ia not likely to
Under this head it is provided that the Gene
I ral Assembly shall revise the civil and cr
I laws of the State and form a penal cod
I that this operation shall be repeated eve
j years. The form of pleading is to be mai
I form, and the practice revised and sim]
I The Governor, in connection with two-th
I each house of the General Assembly, m
j move any executive or judicial officer for
I neglect of duty. The House of Represent
I is vested with the sole power of impeach
I and any officer impeaohed shall be su sp
I from office until judgment shall have bee
I nounced. All impeachments to be tried 1
The report of the Committee on Educ
I provides for the appointment of a State s
intendent, to be elected by the people
I a school commissioner for each dil
who, together, are to constitute a I
j The State is to be divided into school dist
I and the compulsory attendance at free sc
i of all children between six and sixteen ye
I age, for at least twenty-four months, is 01
j ed. To support the free schools, there sh
j a poll-tax of one dollar. There shall be a
I school for the reform of juvenile offenders
an agricultural colloge ; and all public sch
j colleges and universities of this State, sup
I ed by the public funds, shall be open t
I children, without regard to race or color.
I WE, THE PEOPLE OF THE STATE OF SoTJTI
I BOLINA, TN CONVENTION ASSEMBLED, Grat ef
I Almighty God for this opportunity, delibei
ly and peacefully, of entering into an ex]
I and solemn compact with each other,
forming a new constitution of civil goi
ment for ourselves and posterity, recof
ing the necessity of the protection of
I body politic in all that pertains to i
freedom, safety and tranquility, and
I plohug the direction of the Great Legis]
of the universe, do agree upon, ordain anc
j tablish the following
DECLARATION OF RIGHTS AND FORM OF C
ERNMENT AS THE CONSTITUTION OF '
j COMMONWEALTH OF SOUTH CAROLINA.
DECLARATION OF BIGHTS.
I SEC. 1. All men are born free and equ
endowed by their Creator with certain inal
able rights, among which may be reckoned
right of enjoying; and defending their Uves
liberties, acquiring, possessing and protect
property, and seeking and obtaining their s
ty and happiness.
SEC. 2. Slavery shall not exist in this Sd
I nor involuntary servitude, otherwise than
the punishment of crime, whereof the pe
shall have been duly convicted.
SEC. 3. All political power is vested in i
derived from tho people only; therefore tl
have tho right, at all times, to modify tl
form ol government in such manner as tl
may deem expedient, when the public gt
I SEO. 4. Every citizen of this State owes p
amount allegiance to tho Constitution o
Government of tho United States, and no 1
or ordinance of this State in contravention
subversion thereof can have any binding for
SEO. 5. This State shall ever remain a mo
ber of tho Amorican Union, and all attemp
from whatever source, or upon whatever p
text, to dissolve said Union, ought to be resi
ed with tho whole power of tho State.
SEO. 6. Tho right of tho people, peaceably
assemble to consult tor the common good, a
to petition the government, or any departure
thereof, shall never be abridged.
SEC. 7. AU persons iesident iu this Sta
born in the United States, or who have be
naturalized, and shaU have legally become ci
zons of tho United States, aro hereby declar
citizens of South Carolina, possessing cqu
civil and political rights and public Privileg
qs hereinafter declared by this constitution.
SEO. 8. AU persons may freely spook, wri
and publish their sentiments on any subjec
being responsible ior the abuse of (hat righ
and no laws shall be enacted to restrain <
abridge the Uberty of speech or of the press.
SEC. 9. In prosecutions for the publication
papers investigating the official couduet i
officers or men in public capacity, or when tl
matter published is proper tor pubUc info
mation, the truth thereof may bo given in ev
dence: and that in all indictments for libel, tl
jury shall have tho right to determine the la
and tho facts under the direction of the oour
SEC. 10. NO person shall bo doprived of th
ri tr ht to worship God according to the dictate
of his own conscience; Provided, That the lit
crt y of conscience hereby declared shall nc
justify practice inconsistent with the peace an
moral safety of society.
SEO. ll. No form ol religion shall be esta!
Jishcd by law; but it shall bo the duty of th
legislature to pass suitable laws to pr j tee
every religious denomination in tho peacoabl
enjoymeut of ita own modo of worship.
SEC. 12. Tho right of trial by jury shaU rc
SEC. 13. No person shaU bo disqualified as i
witness ?r be prevented from acquiring,: hold
ing and transmitting property, or be liable ti
.any other punishment for any offence, or bi
hindered in acquiring education, or be subject
edin law to any othur restraints or disqualin
cations m regard to any personal rights thai
such au are laid upon others under like circum
SEC. 14. No person shaU bo held to answc:
for any crime or offence until the same is fully
fairly, plainly, substantiaUy and formally de
.scribed to hun; or be compelled to accuse oi
furnish evidence against hinisolf; and cverj
person shall have a right to produce aU proof"
that may bo favorable to him, to meet the wit?
nesses against him faco to face, to have B
speedy and public trial by au impartial jury,
and tu bo fully heard in his dofonce of hitns?l:
or by his counsel, cs ho may elect.
SEC. 15. No person shall be arrested, im?
prisoned, despoiled or dispossessed of his prop?
erty, immunities or privileges, put out of tuc
protection of the law, ex?cd or deprived of hu
life, liberty or estate, but by the judgment ol
bis poors or the law of the land. And the leg?
islature shall not enact auy law that shall sub?
ject any person to punishment without trial by
jury; nor eba l he bo punished but by virtuo of
a law already ostabUshed, or promulgated prior
to thc offence, and lcgaUv applied.
SEC. 10. AU courts shaU be open, and every
person, for any injury that he may receive in
his land, goods, person or reputation, shall
havo remedy by duo courso of lat? and justice
administered w ithout unnecessary delay.
Ssc. 17. AU persons shall* bclore conviction,
bo bailable by sufficient sureties, except for
capital offonces, when the proof is evident or
thc presumption great; and excessive bail shall
not, ia auy caso, be i esquired, nor corporoal
puuislimcnt indicted. . (
SEC. 18. ThcTpriv?ege of the writfof habeas
corpus shall no? be uuspooded, except in case
i?insuncction, i'cbt-Uiou or invasion, the pub?
lic safety may require it. \
SEC. IS. NO poison, after having been once
acquitted by a jury, can bo again, for the same
Offence, put in jeopardy of his life or lib?
SEC. 20. No person ahaU be proceeded against
criminally, by information for any indictable of?
fence except in cases arising in the land and
naval service, or in the mUitia when in actual
service in the time of war or public danger, or by
leave of tho court, lor oppression or misde?
meanor in office.
SEC. 21. No person shall be iDprisoned for
debt, except in cases of fraud; and a reasonable
amount of property, as a homestead, shall be
exempted from seizure or sale fortho payment
of any debts or liabilities, except for taxes, that
may be contracted after tho adoption of this
SEC. 22. No biU of attainder, KC posl-facto
law, nor any kw impairing the obligation of
contracts, shall ever bc enacted; and no con?
viction shall work corruption of blood or for?
feiture of estate.
SEO. 23. Treason against tho Stite shall con?
sist in levying war against tho same, or iu ad?
hering tu ita enemies, giving them aid and com?
fort. No person ehall be convicted of troason
unless on the testimony ot two witnesses to thc
same overt act, or on confession ia open court.
SEC. 24 All persons have a right to bo se
curo from unreasonable searches or seizures
of their persons, houses, papers oi possessions.
All warrants, therefore, are contrary to this
right, if thc cause or foundation of them be
not previously supported by affirmation or oath,
and, if the order, in the wamnt, to a civil
officer, to mako search in suspected places, or
to arrest ono or more suspected persons, or to
seize their property, bo not accompanied with
a special designation of tho persons or objects
ol search, arrest or seizure; and no warrant
shnll be issued but in cases and with the for?
malities prescribed by the laws.
SEC. 25. Private property shall not be tc
I or applied for public use, or for the use of
porationa, other than municipal or for prr
I use, without the consent of the owner an
i just compensation being made therefor; J
video, however, that laws may be made se
ing to persons or corporations"tbe right of
over the lands of either persons or corporate
and for works of internal improvement the ri
to establish depots, stations, turnouts, etc.,
a just compensation, in all caaes, be first m
to the owner.
SEO. 26. The power of suspending the ls
or the execution of the laws, ought never tc
exercised but by the legislature, or by auth
ty derived from it; to be exercised in such \
ticular cases only as the legislature shall
pressly provide for.
SEC. 27. No person shall, in any case, be s
?ect to law martial, or to any pains or penal
>y virtue of that law, except those employee
the army or navy, and except the militia
actual service, but by authority of the legii
SEO. 28. In the government of this comm
wealth the legislative department shall ne
exercise the executive and judicial powers,
either of them; the executive shall never ex
eise the legislative and judicial powers,
either of them; tho judicial shall never ex
eise tbe legislative and executive powers,
either of them, to the end it may be a gove
meat of laws and not of men.
SEC. 29. The legislatura ought frequently
assemble for tho redress of grievances- for c
routing, strengthening and confirming i
laws, and for making new lawa as the comm
good may require.
SEC. SO. The peoplo have a right to keep a
bear arms for ihe common defence. As
limes of peaca, armies are dancerous to lib
ty; thoy ought not to bo maintained withe
the consent of the legislature. Tho mili ti
power aimil always bo held in an exact su bor
nation to the civil authority, and be govern
BEC. 31. In time of peaco no soldier onght
bo quartered in any house without the couse
of the owner; and, m timo of war, such qui
tors ought not to be made but in a manner pi
scribed by law.
SEC. 32. No person who conscientiously sci
pies to bear arms shall bo compelled to do E
but he may pay an equivalent for personal se
SEC. 33. Ail elections shall bo free and ope
and every inhabitant of this commonweal
possessing the qualifications provided for
this constitution, shall have an equal right
elect off eera and be elected for public emplo
SEC. 34. No property qualification shall 1
necessary for an election to or the holding
any office, and no office shall be created, the a;
pointmcnl to which shalt be for a longer tin
than good behavior. After the adoption of th
constitution, any person who shall tight a due
or send or accept a challenge for that purpoB
or be an aider or abettor in fighting a due
shall bc deprived of holding any office of hone
or trust in thia state, and shall be other wi.'
punished as the law shall provide.
SEO. 35. The right of suffrage shall be prc
tected by laws regulating elections, and prc
hibitmg, under adequate penalties, all nndu
influences from power, bribery, tumult or in
SEO. 3G. Representation shall be apportions
according to population, and no peraon in tbi
State shall be disfranchised or deprived of an
of tho rights or privileges now enjoyed, excep
by tho law of tho land or the judgement of hi
SEC. 37. Temporary absence from tho Stat
shall not forfeit a residence once obtained.
SEC. 38. All property subject to taxatioi
ought to bo taxed in proportion to ita value
Each individual of society has a right to bi
protected in the enjoyment of lifo, property anc
liberty, according to standing laws. He should
therefore, con tn bu to his share to the expensi
of his protection, and give his personal servict
SEC. 39. No subsidy, charge, impost tax oi
duties ought to bo established, fixed, laid oi
leviod, under any pretext whatsoever, without
the cousent ot thu people or their representa
lives lawfully assembled.
SEC. 40. Exoosuive flues shall not be imposed
nor cruel and unusual punishment inflicted
nor shall witnesses be unreasonably detained
SEC. 41. No titlo of nobility or distinction, oi
hereditary emolument shall ever be granted ii
SEC. 42. All nungabie waters shall romain for?
ever public highways, freo to tho citizona of the
State and the UnUed States, without tax, im?
post, or toll imro" id; and no tax, toll or im?
post, or wharfage- shall be imposed, demanded
or received from tho owner of any merchan?
dise or commodity, for tho use of tho shores,
or any wharf erected on tho shores, or in or
over the waters of any navigable stream, un?
less the sanio be expressly authorized by the
SEO. 43. i he enumeration of rights in this
constitution shall not be construed to impair
or deny others retained by tho people, and all
powers not herein delega Led remain with the
SEC. 1. The judicial po wea of this Sta to shall
be vested in a Supremo Court, IU two Circut
Courts, to wit: A Court of Common Piea6, hav?
ing civil jurisdiction, and a Court of General
Sessions with criminal jurisdiction only, in
District and Pro ba to Courts, and in Justices of
the Peace. Tho General Assembly may also
ostablish such municipal and otiier inferior
courts as may be deemed necessary.
SEC. 2. Tho Supremo Court shall consist ot
three judges, two of whom shall constitute a
quorum. They shall bo elected by a joint vote
ot thcHJenoral "Assembly for tho tcrns>of six
years, and shall c lulinuo in office until their
successors shall bc elected and qualified.
SEC. 3. They shall bo so classified that ono of
tho judges ah?? go out of office every two
years; and the judgo holding tho shortest tei m
of office under such classification shall be
Chief Justice ot thc court during his term of
office, and so on in rotation.
SEO. 4. Thc Goner-.1 Assembly, immediately
after said election, shall determine by lot which
or tho threo judges elect shall acive for tho
terni of two years, which for t io temi of four
years, aud which for tue term of six years; and
having so determined the sumo, it shall be the
duty of tho Governor to commission them ac?
SEC. 5. Ibo Supremo Court shall have appoi?
nte jurisdiction only m cases of chancery, aud
shall constitute a court for tho corrodion of
arron at law, under such regulations as the
General Assembly may by law prescribe; Pro
Dieted, Thc said court shall always have powor
to Ueno wrjld of injunction, mandatntis, quo
warr anio, habeas cornus - and such otner
original and rem?diai wnts*as may bo neces?
sary to give it a general supervisory control
ov?? ah other courts ft tho Stat".
SEC. G/Thc Supreme Cwt sball bu held at
letnit buco tn each year, at thc scat cf govern?
ment, aud at such other place or places in tho
State aa tho Genoral Assembly may direct.
SEC. 7. No judge shail preside on the trial of
any cause in thu event of which ho may bo in?
terested, or where either of tho parties shall bo
connected with him by affinity or consanguni
ty, within such dogrocs as may bc prosenbod by
law, or in which he may have been counsel, or
have presided in any inferior court, oxcept by
consent of all thc parties. In case all or any ol
the Judges uf thc Supremo Court shall bo thus
disquabliod from presiding ou auy causo or
causes, tho court or tho judges thereof shall
certify the sanio lo the Governor of the State,
aud ho Bhall immediately commission, special?
ly, tho requisito number of men of law knowl?
edge for tho trial and determination thereof.
Tho same course shall bo pursued in tho cir?
cuit and inferior courts as proscribed in this
section lor cases of tho Supremo Court.
SEC. 8. There shall be appointed by the
Judges of tho Supreme Court a reporter and
clerk of said court, who nliall hold meir offices
two years, and whoso duties and compensation
shall be prescribed by lav:.
SEC. 9. Thc Judges ot tho Supreme Court
shall give their opinion upon importaut ques?
tions of constitutional law, and upon solemn
occasions when required by tho Governor, the
Sonato, or tho House of Representatives; and
all such opinions shall be published in connec?
tion with tho reported decisions of said court.
SEC. 10. When a judgment or decrco is re?
versed or affirmed by the Supreme Court, every
point made aud distinctly stated in writing in
the cause, and fairly arising upon the record
ol' the case, shall be considered and decided:
and the reasons therctor shall be concisely and
briefly stated in writing, and preserved with
the records of tho case.
SEC. ll. Tho Judges of thc Supremo Court
and Circuit Courts shall, at stated times, re?
ceive a compensation for then* services, to be
fixed by law, which shall not be diminished du?
ring their continuance in office. Tbey shall
not be allowed any fees or perquisites of office,
nor bold any other office of trust or profit un?
der this State, the United States, or any other
SEO. 12. No person, i hall be eligible to ti
office of Judge of the I Supreme Court or Ci
c nit Courts who is not at the time of his ele
lion a citizen of the Ur ited States, and has n
attained the age of t ?irty years, and been
resident of this 8tate for fire years next pr
ceding his election, or from the adoption
SEO. 13. All vacancie s in the Supreme Cou
or other inferior trit unala shall be filled 1
election; Provided, H at if the unexpired ter
does not exceed one yea, such vacancy may I
filled by Executive appointment. All Judge
by virtue of their offi :e, shall be conservite:
of the peace througho.it the State.
SEC. IL In all cases decided by the Supren
Court, a concurrence of two of the Judge
shall be necessary to a decision.
SEC. 15. The State sb all be divided into con v i
nient circuits, and for each circuit a jud?
shall be elected by the nullified electors thereo
who shall hold his o nce for a term of foi
years, and during hit; continuance in office li
shall reside in the eire ii t of which he is judgi
SEC. 16, Judges of the Circuit Courts sha
interchange circuits with each other in sue
manner aa may be determined by law.
Sea 17. The Courtt of Common Pleas sha
have exclusive jun-.< .iction in all cases of d
vorce, and exclusive original jurisdiction in a
civil cases and ac ti or s ex delicio, which sha
not be cognizable before Justices of the Peace
and appellate jurisdiction in all such case
as may be provided ly law. They shall hav
power to issue writs of maiidamus, prohibiter
sctre facias, and all other writs which may b
necessary for caryin, : their powers fully int
SEO. 18. The Court of Common Pleas sha]
sit in each Judicial District in this State at leas
twice in every year, ft such stated times ara
places as may be ai pointed by kw. It sha)
nave full jurisdictiot. in all matters of equity
but tho courts heret ofore established for tha
purpose shall contint e as now organized un tn
the first day of Januiry, one thousand eight
hundred and sixty-niae, for the disposition o
causes nowjpending therein.
SEC. 19. The General Assembly shall provid
by law for the preservation of the records o
the Courts of Equity , and also for the transfe;
to the Court of Common Pleas and Probat?
Courts for final de euron of all causes that ma;
remain undetermined 1.
SEO. 20. The Court of General Sessions sbal
have exclusive jurisdiction over all crimina
oases which shall not be otherwise providec
for by law. It shall Mt in each Judicial Districi
in the State at least : hr ee times in each year
at such stated times and places as tha Genera
Assembly may diroc...
SEO. 21. The quoined electors of each judi?
cial district shall elect three persons for the
term of two years, vho shall constitute a Dis?
trict Court which shall have foil jurisdiction
o vor roads, highways, femes, bridges, and in
all matters relating to taxes, disbursements ol
money for district p ?rposes, andin every other
case ?hatmay be ne. essary to the internai im?
provement and local concerns of the respective
SEO. 22. A Court of Probate shall be estab?
lished in each judici al district, with j urisdiction
in all matters test?taentry and of administra?
tion, in business ap] lertaining to minors and the
allotment of dowerin cases ofidio tey and luna?
cy, and persons non compos mentis. The fudge
of said court shall be elected by the qualified
electors of the respective districts for the term
of two years.
SEO. 23. A competent number of Justices of
the Peace and Constables shall be chosen in
each district by thc qualified electors thereof,
m such manner as ;he General Assembly may
direct; they shall -?old their offices for a term
}f two years, and until then? successors are
sleeted and qualifit d. They shall reside in the
lis trie t, city or be at, for which they are elect
id, and the Justices of tho Peace shall Decom?
missioned by the Governor.
SEO. 24. Justices of the Peace, individually.
}r two or more of -hem jointly, as tbe General
assembly may direct, shall have original juris
liction in cases of bastardy, and in all matters
}f contract, and lotions for the recovery of
Ines and forteitur ss where the amount claimed
loee not exceed one hundred dollars, and auoh
jurisdiction as mar be provided by law in ac?
tions ex delicio, v hero the damages claimed
iocs not exceed one hundred dollars ; and
prosecutions for assault and battery and other
penal offences les s than felony, punishable by
SEO. 26. They may also sit as examining
jo ur ta, and com) ait, discharge, or recognize
persons charged trith offences not capital, sub?
let to such regul itiona as the General Assem?
bly may provide; they shall also have power to
bind over to keep the peace, or for good beha?
viour. Foi the foregoing purposes they shall
lave power to iss ie all necessary process.
SEC. 26. Every action cognizable before J as?
nees of the Peaco, instituted by summons or
Tarrant, shad be brought before some Justice
>f the Peace in -he district or city where the
lefendant resider-, and in all such causes tried
jy them, the rig at of appeal shall be secured
inder such rule a and regulations as may be
crovided by law.
SEO. 27. The Judges of Probate, District
3our t Judges, Ju s tices of the Peace, and Con?
stables, snail receive for their services such
compensation and fees as the General Assem
jlv may from tin ie to lime by law direct.
SEO. 28. No person who has arrived at tho
ige of seventy years, shall be appointed or
sleeted to, or shall continue m the office of
judge in this Sci te.
SEO. 29. Judges shall not charge juries in re?
spect to mattern of fact, but may state the
testimony and declare the law.
SEO. SO. There shall be elected in each Judi?
cial District, by the electors thereof, one clerk
for the Court of Common Pleas, who shall hold
ais office for the term of three years, and until
Iiis successor t ball be elected and qualified.
Se shall, by virtue of bis office, be clerk of all
}ther courts of record held therein; bat the
General Assembly may provide by law for the
election of a clerk, with a like term of office,
for each or any other of the courts of record,
iud may authorize the Judge of the Probato
Court to perform the duties of clerk for his
court, under ai ch regulations as the General
assembly may direct. Clerks of courts shall
bo removable ter such cause, and in such man?
ner as shall be prescribed by law.
SEO. 31. Theio shall be an Attorney-General
for the State, who shall reside at the seat ot
government, and shall perform such duties as
may be prescribed by law. He shall be elected
by a joint vote of both branches of the General
Assembly for the term of two years, and shall
receive for bis services a compensation to be
tlxcd by law.
tito. 32. There shall be one Solicitor for each
circuit, who snail reside therein, to bo elected
by the qualified electors of the circuit, who
shall hold his office for the term of four years,
and Bhall receive for bis services a compensa?
tion to bc fixed by law. In all cases whore an
attorney for the State, of any circuit, fails to
ittond and prosecute, according to law, the
court shali heve power to appoint an attorney
SEO. 33. The qualified electors of each dis?
trict shall elect a Sheriff, a Coroner, and a Dis?
trict Surveyor, for the term of two years, and
tint:1 their successors are eleotedand qualified;
they shall bc commissioned by the Governor,
reside in their respective districts during their
continuance in office, and be disqualified for
the office a second time, if it should appear
that they or either of tho.n are in default for
monies collected by virtue of their respective
SEC. 31. AT. writs andajtocess shall run, and
all prosecutions shall be conducted in the name
bf tho State of South Carolina; all writs shall
be tested by the clerk of the court from whi>-h
choy sholl be issued; and all indictments shall
conclude ag linst the peace and dignity of the
SEO. 35. The General Assembly shall provide
by lawlor the speedy publication of the decis?
ions of the 3uprame Court made under this
SEC. 1. Tbe General Assembly shall pass
such laws an. may be necessary and proper, to
decide differences by arbitrators, to be ap?
pointed by the parties who may choose that
summary mode of adjustment.
SEC. 2. It shall be the duty of the General
Assembly to pass the necessary laws for the
change of "enue in all cases, civil and crimi?
nal, over wlich the Circuit Courts have origi?
nal jurisdiction, upon a proper showing, sup?
ported by affidavit, that a fair and impartial
trial cannot; be had in the District where such
trial or pro secution was commenced.
SEC. 3. a he General Assembly, at its first
session aft jr the adoption of this constitution,
shall maks provision to revise, digest, and
arrange, andar proper heads, the body of our
laws, civil ind criminal, and form a penal code,
founded upou principles of leformation, and
have the Slime promulgated in Buch manner as
they may direct ; and a like revision, digest
and promulgation shall be made witton every
subsequert period of ten yearn That justice
shall be aelministered in a uniform mode of
pleading, without distinction between law am
equity, they shall provide for abolishing thi
distinct forms of action, and for tbatpurpo?
shall appoint some suitable person or persons
whose duty it shall be to revise, simplify, an?
abridge the rules practice, pleadings, ant
forms of the court now in use in this State.
SECTION 1. The State shall have concurrent
jurisdiction 01 all rivers bordering on this
State, so far as such rivers shall form a com?
mon boundary to this and any other. State
bounded by the same; and the;, together wits
all other navigable waters within tbs limits ol
the State, shall be common highways, and for?
ever free, as well to the inhabitants of this
State as to the citizens of the United States,
without any tax or impost therefor.
SEC. 2. The title to all lands and other pro?
perty, which have heretofore accrued to thia
State by grant, gift, purchase, forfeiture, es?
cheats, or otherwise, shall vest in the State of
South Carolina the name, as though no change
had taken place.
SEO. S. The people of the State, in their
right of sovereignty ara declared to possess
the ultimate property in and.to ali lands with?
in the jurisdiction of the State ; and all lands,
the title to which sh all fail from defect of heirs,
shall revert; or escheat to the people: '
SEC. 1. The House of Eepresenoatives shall
have the sole power of impeachment. A vote
of two-thirds of all the members elected shall
be required for an impeachment, rind any offi?
cer impeached, shall thereby be suspended
from office until judgment in the case shall
have been pronounced.
SEO. 2. All impeachments shall be tried by
the Senate, and when sitting for that purpose,
they shall be under oath or affirmation. - No
person shall be convicted exoep; by'vote of
two-thirds of all the members elected. When
the Governor is impeached, the Chief Jost ice
of the Supreme Court, or the senior Judge,
shall preside, with a casting vote in all prelim?
SEO. 8. The Governor and all other execu?
tive and judicial officers, shall be liable to.im?
peachment ; but j udgment in such case shall
not extend further than removal from office.
The persons convicted, shall nevertheless1, be
liable to indictment, trial and puaiahment ac?
cording to law. ,
SEO. 4. For any wilful neglect of duty, or
other reasonable cause, which shall not be suf
fient pron id of impeachment, the Governor
shall remove any executive or judicial officer
on the address of two-thuds of each House of
the General Assembly. Provided, That tho
cause, or causes, for which SP?U removal may
be required, shall be stated at length in such
address, and entered on tho journals of each
House. And provided further, That the offi?
cer intended to be removed shall be notified of
such cause, or causes, and shall be admitted
to a haaring in his own defence, before any
vote for such address ; and in all oases, the
vote shall be taken by yeas and nays, and be
entered on the journals of each tense respect?
' cn nt
REPORT OF THE COMMITTEE ON EDUCATION, THE
ENCOURAGEMENT OF LTTEHATUBE, ETC
Whereas, we hold these statements r as
axioms: that education is knowledge; that
knowle dire is power; that knowledge rightly
applied is the best and highest kind of power;
that the general and universal diffusion of edu?
cation and intelligence among the people ia the
surest guarantee of the enhancement, increase,
purity and preservation of the great principles
of republican liberty; therefore it shall be the
duty of the General AsBemblie?, in all future
periods of this Commonwealth, to establish,
provide lor, and perpetuate a liberal system of
free publio schools, to cherish i ho interests of
literature and the sciences, and all seminaries
and public schools, to encourage private and
public institutions, rewards and immunities for
the promotion of agriculture, arts, Commerce,
trades, manufactures, and natural history of
the country, to countenance and inculcate the
?irinciples of humanity and general benevo
enoe, public and private enanty, industry and
economy, honesty and pnnctuallty, sincerity,
sobriety and all social affections and generous
sentiments among thopoople.
SEC. 1. The supervision ot public instruction
shall >e vested m a State Superintendent of
Education, who shall be elected hy the qualified
electors jf the State in such manner as the Leg?
islature shall provide; his powers, duties, term
of office and compensation shall be defined by
the General Assembly.
SEO. 2. Theve shall be elected biennially, in
each district jr county, by thc qualified electors
of each district or county, ona School Commis?
sioner; said Commissioners to consti tut o a Stats
Board ol'Education, of which the State Super?
intendent shall, by var tue of his office, be chair?
man; the powers, duties, aud compensation of
the members ot said Boardshall be determined
SEC. S. The General Assembly shall, as soon
as practicable after tho adoption of this con?
stitution, provide for a liberal und uniform sys?
tem of free public schools through out the State,
and shall also make provision lor the division
of the State into suitable nchool districts.
There shall be kept open at least six months in
each year one-or moro schools in each school
district. .. i
SEO. 4. It shall be the duty of the General
Assembly to provide for the compulsory attend?
ance, at either publio or private schools," of all
children between the ages of six and sixteen
years, not physically or mentally disabled, for
a term equivalent to twenty-four months. .
SEO. 5. The General Assembly shall levy at
each regular session alter the adoption of this
constitution an annual tax on all taxable prop?
erty throughout the State for the support of
public schools, which tax shall bo colleoted at
the samo time and by the same agente as the
general State levy, and shall be paid inio.the
treasury of the State. There shah bo assessed
on all taxable polls in the.-S tate an annual tax
of one dollar on each poll the proceeds of which
tax shall be applied solely to educational pur?
poses. No other poll or capitation tax shall be
levied in the State, nor shall the amount as?
sessed on each poll exceed the limit given in
this section. The school tax shall be dis tributed
among the. several school districts of tho State,
in proportion to their respective population be?
tween the ago of a ve and twenty-one years. No
religious sect or sects shall have oxclusiveright
to, or control of any part ot the school funds of
the State, nor shad sectarian principles be
taught in the public schools.
SEC. 6. Within five years after the first regu?
lar session ol the General Assembly, following
the adoption of this constitution, it shall be the
duty of thc Geueial Assembly to provide for the
establishment and support of a State Normal
School, which shall be open to all persons who
may wish to become teachers.
SEC. 7. Institutions for the benefit of all the
insane, blind and deaf and dumb, and such
other benevolent institutions as the public
good may require shall bo established and
supported by the Stale, subj cc ? to such regula
tiona as may be proscrib d by Jaw.
. SEC. 8. Provisions shall be mado by law, as
soon as practicable, for the establishment and
maiutenanco of a 3tau> Beform School for Ju?
SEO. 0. The respectivo districts or oounties
of the State sbaU make provisions, as may be
determined by law, for all those inhabitants who,
by reason of ago and infirmities, or misfor?
tunes, may have claim upon the sympathy and
aid of society.
SEC. 10. Tho General Assembly shall provide
for the maintenance of the State University,
and, as soon as practicable, provide for the
establishment of an agricultural college, and
shall appropriate tho loud donated to this State
for the support of such a college by the act of
Congress, passed July 2, 1868, or tho money or
scrip, as the case may bo, arising from the
sale of said lands, or any landa which may
hereafter be granted or appropriated for such
purposes, for the ?upport and maintenance of
such coilege, and may make the same a branch
of the State University, for instruction in agri?
culture, tho mechanic arts, and the natural
sei?aees connected the ewith.
SEC. ll. All thc put lie schools, college and
universiliea of this St.-te, supported by th?
public funds, shall bo freo and open to all the
chddren and youths ot the State, without re?
gard to race or color.
SEC. 12. The piocecds of all hinds that have
been or hereafter may be granted by the Unit?
ed States to this ?state, and not otherwise ap?
propriated by this State or the United States,
and of all Linds or other Droporty given by in?
dividuals, or appropriated* hy the State for like
purpose, and of all estates of deceased persons
who have died without leaving a will or heir,
shall be securely invested and saciealy preserv?
ed as a State school fund, and tho annual in?
terest and income of said fund, together with
such othar means as the General Assembly may
provide, shall be iatiLfally appropriated for the
purpose of establish Ky and maintaining free
public schools, and for no other purposes or