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T.RI-WEEKLY EDITIOQN. WNNSBORO. S. C., DECEMBER to. 189.~ SALSE 84
ItiOldM AND TnE
CHANGE MADE IN THE NEW
-A Review of all the Jm.pertaut ("hauges
in -'aCI Article atid the New
Points h\. tle Chairatn
or s 1n Comunittee in
The following are conden]sed staie
ueuts of the ch'anges made in the Con
stitution of the State by the present
Convention have been furnished by re
quest to the Charleston News and Cou
rier. They are of the highest author
itv and of special interest.
s t ht" 1A(.FE.
The essentia? diferenec betw;en the
limitations on the suffrage now and
under the old Constitution is this:
Under the Constitution of 1868 every
m.le person 21 years of age, not labor
ing uudtr certain disabilities for crime,
wn a voter; under the registration
law he had to have a registration: cer
tificate. which had to be changed
eQ' ery time he changed his resideucee,
':veL in the ane t0wuship, and the
renewal .f certificates was hedged
about with many restrictions. Under
the new Coustitutiou the voter iust
either be able to read and write or un
elerstault anId explain any section of
the Constitution submitted to him by
the registration oicer before he is eli
gilie to registration. This elastic
provision only lasts to the 1st of Jan
uary, 18, and under it only one elec
tieu t;-ill be held, after which the ai) -
vlicaut for registration, and therefore
the voter. must be able to read and
write, or have S:300 worth of proper
The iprovisions in regard to registra
tion are not at all difficult or onerous,
and every safeguard that exists in al
mos4 any Constitution of any other
State is thrown around the purity of
the ballot and honesty of the count.
The Constitution of 1868 based citi
zen)hip l)on manho"d, the preseu
Constitution bases it on intell, c
and is a virtual enaetmen 'o carry ont
S2ight-box law,ewch of itsel' was
c provision which allows
re . i on for two years to the illit
ertte who can understand and explain
any section of the Censtitutioln was
made necessary by the existence among
us of a large number of worthy white
and black citizens who anz-rthr of
genc:. 1t tproperty . who otherwise
would have been disfranchised.
B. I. Tillman, Chairman.
la framing the article of the consti
tution. known as the Legislative De
partnleit the convention has kept close
to that article in the constitution of
't8&5. naking such changes as were
"onsidered important and adding such
sections as were thought to be neces
The number of sections in the old
constituton was thirty-three. The
new has thirty-seven. The four addi
tional sections are as follows:
11t. Making it unlawful for white
plerso ns and negroes or mulattocs to
marry where there is one-eighth or
mnore of negro blood.
ed. Making it the duty of the (G eu
ciral Assembly to enact laws limniting
the ntumber-of acres of land which any
alieu or ancy corpo?ration1 composed of
niiens may- ow withain the State.
:d0 Forbidding the General Assem
<ly to authorize the payment to any
personi the salary of a deceased officer
bevond the date of his death nor to
grant pensions except for military and
naval service, nor to retire any oflicer
onl pay or part pay.
4th. Not to allow the General As
semubly to enact local or special laws on
ertain subjects and for certain pur
1 Oses. .
Ten of these are enumerated and the
eleventh subdivision covers all other
eases where a general law ean be made
Under the old constitution each 1)ill
btefore it had the force of law had to
be read three times in each house and
signed in the senate house by the Presi
dent of the Senate and the Speaker of
the House of Representatives. This
is simnplitied in the new constitution by
nimitting "in the Senate house" and by
*ailowing each branch of the General
Assembly to make rules to have both
.The first'and third reading of bills read
!< their title only.
Time is mnoney,. especially in legis
lating~ for the State, and the time saved
by the foregoing p)rovisions will result
n the saving of thousands of dollars.
The old constitution did not allow
Duxon to hold a seat in the General
.ase'sebly while holding any other
niceo protit or trust. except o111eers
,in the militia, magistrates or justices
of inferior courts. whno received no
The newv constitution in dealng with
6,-above provisionm adds to the words
"'rrtit and trut"~ the word "-position''
:an excepte only *.rtieers in the militia
an not.aries l1blic
Perhaps the most importanit changes
ar made :n the section granting the
- cn of these mskes the title to the
h estead to be se oft an . assigned
absolutte and fore'er discharges from
lldebts then existing. or thereafter
coniracted. This, of course, does not
avmlv to mortg'ige dtebts.
'other o these ameindme-nts pre
- , 1 judg:net er&liter, or any
ote red.o whose l-iu dioe not bind
-12nortgage -ssise.t sttie ha.i
tLndeI ue i' umeii titutonthe home
stetd in lands was not to exceed one
tho'n'id dloil:rs, or five hundred dol
lars in 1ersoual property, ieaviug it in
the power of the Legishture to make
both of these aimounts :oss, if it saw
proper to do so. In the new constitu
tion this cannot be donie.
In the old constitution no provision
wias niade for au exemption in personal
property f'r those not b: ing heads of
families. la the new, all the neces
sary wearing apparel and personal
property to the ainount of three hun
dred dollars may he exempted to such
persons. it is also further provided
that the husband cannot mortgage the
homestead without the wile joins him
in giving the mortgage thereupon.
The homestead exemption is not all
that a large minority of the Conven
tion desired it to be, but in the opinion
of many i s thought to be superior in
many respects to the exemption pro
vided for in the old Constitution.
It is to be hoped that no poor woman
and her childreen in the State will
ever be driven from the home set oil
under its provisions. J. A. Sligh.
EXECUT ' E Ir.I.TMNT.
In the old Constitution the buard of
managers of each precinct were re
(iuired to synd the returns for the vote
of Govcrnor t' the Secretary of State.
who handed them to the Speaker of the
House of RepresentativsC upoi the
assembling of that body. where the
votes were i::balate(d and the result de
clared. in the new. the boarl of cU
Svasssrs of each county send their re
turns of the entire county vote to the
Secretary of the State. who hands it to
the Speaker of the }l iuse ou the as
sembling of that body and the vote is
then tabulated and the result declar
ed as before.
ThC following new provisioin have
1. The Geuer:l Assembly is required
to provide for a board of pardons to
whom the Governor may refer all
peitions ' for pardon whose recon
mendations he may adopt. but in case
he does not adopt the suggestions of
such board he must give hiz reasons
therefor to the General Assembly.
t. All boards of public instructions
when required by the Governor, shall
give him information in writing in re
rrd to their insti:nuons, including
meit of receipts and dis
3. Wheneer the Governor shall be
infornd bN, aftidat that any county
or other ofier wh\ has charge of
publie or truAst ftuds -"bablv iity
of embezleizt, or o
public fr 'ds to private .se, he .lai:
dil the imme'iate prosecutiou
si d cr aud, ipon true bill. found
,ii its stead until acquitted. If con
victed ti e ofice shall be declared va
cant and filled as provided by law.
4. The Governor is given the right
to veto any section or item of an ap
propriation bill -without vetoing or
invalidoti,g the.remainder of the bill.
C. l. EUrd, Chairman of Comittee
on Executive Department.
Article 4. as adoptel 1.y the Con
venton. changes that article of the
onstitutiou oA f 1M in these respects:
1. As to the Courts:
ThI th'~ ere created were: The Su
mene (Co:trt, the Court of C ommiLon
P>atn an the Court of General Ses
sions, ealled Circuit (Court-,) Pro.ate
Courts, Justice of the Pece, inee
deoiln.tedL trial justicc. and "such
maiiepal and. other inror (ourts as
m:p Ie 1deemed necessary, avbich the
Saren'e Couri consrue to us.au
:n Th Prob-ate Court conitliues ats
to Charlestn Cou.,nty. As to other
ounties it c-ontlinues in each until a
C ounty Cou'rt mayr he established, up
on wh i c een it bieonmes absorbed
in be h:tue.
is 'u-tices of thc Peace" are sup
lanedl hv "Magistrates.
ei. For'"such municipal and other
inerior Courts as may be deemed nec
ess is the following:
"he General Assembly may also
etalish County Courts. munieipal
Courts and suech Courts in any cr all
of h counties of this State iferior
to irenit Courts as mayl be- deemed
necsarv Lut none of such Courts
~hall ceir be vested with jurisdiction
o tv casesS of nmurder, mans-laugnter,
ra'or a' ttemnpt t.o rape. arson, comn
"'on law b)urglary, bribhery or perjury:
Proded. before a County Court shall
be'etbished in au) countyV it must be
subm-ited to tihe [qulii electors,
and L majority of those voting must
ot for 1t estabishiment.
Eac con has~ the right to secure
Comu Cu"rt's by veting for thmeir es
Th gue''ral A--sely has the power
to reae any -i other linds of Courts,
Sbelw Cir cuit Cuaris.: mumelilal or
thw ise. without ain election.
\. A to ind'icial oiLLers:
I The. Supremre (Curt will consist
o' t Chi..- -'utic 'tnd three Associate
-Justices insteld of two. the additional
uic--t.,'be elcte the next session
vif th G \e. A-'mly. The term
of elc bf th fio.r in- to. beight years.
istad ''f si l 'a oa to reverSe
he~ eclo of~ the Circuit .Tudge threc
mmt concur I the mour s-upremeL
Cor Justi~ce are equally divided the
'eion below stands, unless the Cour
upo reqmuest of two of the Justices;
all in the full Bench of Circuit
Jndges. .1mitting the trial Judge.,
w hrupn th apno of the m'ajority
of al the .Justie:, and.Judges prevails.
Thi i-- vry e much ie the old Court
fErrsof S-.3 .
b The Supmei~ Court is require"
tosi at le.t Luwice in each year ini
1''u . (cas' 1, whi h may b1. e in
d; The term of the Supreme Court
clerk and Supreme Court reporter '
made four years instead of two.
c A lawyer o live yCars 1)ralce
is eligible a. Chief Justit' or Associate
justice of the Suprerne Court or as
Circuit Judge when ..6 years of age.
Heretofore the age was 30.
it. Each Circuit Jdge is to be clee
ted by vi a.: voce vote of the General
Assembly iustead of by ballot, and
must be a resident of his circuit when
g .Tudges are nIi >utger p eriitted
to "state the testimony" to the jury.
h in Ihm..e coui!ties where County
Courts may be establisha the General
.Assembly may provide for election of
a county solicitor in the place and
stead of the circuit solicitor.
iii A suflicient number of magistra
t.s will h; appointet for each county
by the Governor, by and with the
advice and consent of the Seuate.
:;. As to jurisdiction:
ia) The Supreme Court, in additiou
to its present jurisdiction, will, in ap
peals in cases in chancery, review the
findings of fact as well as the law, Cx
cept where the facts are settled by a
jury and the verdict not set aside.
(I) The Supreme Court is empuwer
' to issue writs or orders of injune
tion, maudanus. quo warrauto, pro
bibition, certiorari. habeas corpus and
other original and remedial writs:" in
stead of "to issue writs of iI1jnition,
mandamuti, ono warrauto, habeas cur
pus. and saeh other original and re
medial writs 'as maty be necessary to
i.ive it a general supervisory control
over all otber Courts in the State.
(oc The conioun Pleas will have
,jurisdictioi in all civil cases and ap
pellate jurisdiction in all cases within
the jurisdiction of inferior Courts,
except from those inferior Courts from
which the General Assembly may pro -
vide an appeal directly to the Supreme
:l The General Sessions will have
jurisdiction in all eases except such
offences as the General Assembly may
assign to the exclusive jurisdiction of
mnagistrates. It will have appellate
jurisdiction in all criminal cases with
in the jurisdiction of inferior Courts.
This enlarges the jurisdiction of the
General Sessions by gi.ing it concur
rent jurisdiction with inferior Courts,
except as the Ueneral Assembly may
otherwise pro, ide: but exclusive juris
diction cannot be given to the inferior
Court in cases of riot. assault and
battery and larceny.
le. The Probate Court jurisdiction
In;Magistrates' juristlition, t-l
an "r ' '"l1, will be sl 1a te e1
~LeuLer ~ escribe: it eanas4
Sbt euter tan te present Turisdic
tion of trial justices; it may be less.
4. General matters:
al Alt persous charged with an of
fence are eutitled to dettan'e anti t li
a trial by jury.
rhi In all Courts interior to Circuit
Courts the jury will censist of Six.
ic La those conuties where magis
irates have separate and exclusive ter
ritorial jurisdiction crinminai cases
must be tried in the district where the
olcenec was committed, subject to the
law of change of venue.
(di Whenever an appeal to the Sut
preme Court invoives a fuestionl of
Constitutional law, or .f conilici, be
tween the Constitution and laws of this
State and of the United States, or be
tween the duties and oligatious of her
citizens ihereunder and the Court is
nte agreed up on it, they my call1 to
their assistance tbc Circuit Judge at 1
thedecsion of at majoity of th~ e-i
1ices and .Judges will be jIual.
M Circuit Court s ad all Couts ini
rerir theire-to will hav e the pow"'er to
imoesnec of latbor~ upon high
ways. streets antd othe.r' puhe wo rKs
upon pers->ns by theAm senPtencedt toimi
prisnment. Heretofore that power
was only in (Circuit.Courts.
Ii Judges arc required to file their
decisions wvithii' sixty days fronm tihe
rising of the last Court of the circit
then being held instead of from the
last day of the term of Court at which
the causes were heard.
g) The present trial justices are ere
ated rumisitrates and: so contlin' till
their terms as trha jatices wouki. have
(b: All ma tter civil and cer:mmial.
noW penumgP in any of the Courts con
tinue therein till dispyosed of according
to law. St-arne Wilsonx.
ororyf .'o rors-ry ;ovEuNxv.
The essentiul differece inCS 1 the for
mation of ew' co.unties under~ the old
Con stituti on and the new are ats followvs:
Under the old Constitution the Gecncral
Assebiy had the power at any time to
or.uize new counties by changing the
boundaries of any of the Old ones. b,ut
xo new county could be formed of less
urea thau six "hundred and twenty-live
sq uare miles. nor could any etisting
count y be redueed to xi less area IL: a usix
hunrd and twenty-tive agraxre miles.
UnderC the new Constitution. ouc
third of thte qualiliedl voters within the
area to be cut are reqire-d to petition
the Governor for the cret.ion of a new
ounty setting forth boundaries. etc.
The Governor is required to order anx
letion within reasonable time by the
qualified voters within the proposed
area and at the sanox time the iuieti(.n
of a name andi a county seat for c
cnty shall be submitted to -he vleC
ton. It twothirsof the .jualji:ed
electors voting at such election aa:ll
vote ves. tL-en the General Asseambly
halletablish the new ceiuuty.
No sectionx of the county~ propose-. to
he dismembered shall b. 'u ei ith
out consent b)y a two-thrd vot of
tos '.oting in suchn :-ectio. An e
tion on the qu~eston of formng the
silme propJosedl new .outy~ shall :ot be
held oftener than~ oinece i iour year-n.
less as-.ssed1 taxale propm rty than one
ai ne-hmli milliosbo dihir''- nor
ae . N i old conmxy '-hall ie redue
t ' n two milliua dollars, nor to lees
poplatlion than fifteen thousand in
N nw county shall be cut within
igh't miles of its CuIt House build
ig bTh Geierc.lAsseibly shall have
t he power to alter county lines: Pro
vided. that before any existing county
1i u is charged two-thirds of the voters
withia the territory to be taken from
one county and given to another shall
Vote for same: Provided the change
dot, nut rednce the county from which
the territory is taken below the limits
a. prscribed above. Nf county seat
shal b l,e rem;noV-ecl except by a two-thirds
ot of be q1ualiied electors of said
conuty votiug in an election held of
said c=onty voting in an election held
for il:t lprta.
-T. Thomas Aus:.in,
( i:iranua (faommittee C'olnt.,s and
l:i. ' li :lr111?it
PNN. .ND1 f'Af1iTA]Lf tNSTIT(" ONS.
The following changes are mtde in
the article Qf the old Coustitntion:
The name of the Lunatic Asylum
has been changi to "State Hosp tai for
the Insaue." The regents app~at all
the phvsicians, oflicers and employees,
except the superintendent, who is an
pointed by the Governor, as formerly.
Convicts seutc:led to hard labor by
aur of the Courts of this State may be
tent loed upon the public works of the
State or c ou"nties. and upon highways.
Priovision may be: raade by the Gener
ai Ass'mbly for the establishment of a
State reforinatory for juvenile oiYeu
ders. (onviets from the Penitcntiary,
when hirea or farmed out. shalbe un
der the direction of officers of the
t'enitt::tiary. W. .. Gocfhng.
The article on military, as it will ap
pier in the new Constitution. has five
sections, while that of the old Consti
tution has three sections.
The difference consists in the gener
al change of phraseology and condens
ing of language, besides the addition
Of Section 2, exempting fron arrest
the volunteer forces while an duty,
mustering, etc. and the further addi
tioni also of Section 5. making it man
datory on the General Assembly, at its
first session after the tadoption of the
now Constitution, to make ample pro
v i.ion by statute to pension disabled
and indigent Confederate soldiers and
the widows of Confederate scldiers.
J. W. Floyd, Ckairman.
The only changes in the article on
imilpeachments from the old ,dnstitu
tiOn a re: --
irst. \p - pend
ing the l eac.. .
zu~in si Inner as mui)n e pro
Svided by law.
Secoud. Persons under -imnpeach
in:ut slll have the right to be heard
in tieir own defne. ''or by colira el,
Md. K. f =+per, Cltatirma.E
F1aN:A'E AND.' T.XAT1O:.
The C ha!ges made by the present
C,astittution in Article 9 of the Con
.stitttion of 1.S78 re as follows
T addition to the power given to
the ,=eneral Assembly to provide for a
uniform and equal rate of assessment
and( taxation and to prescribe iuch re
g ulations as shall secure a just v:dua
ti4 u for taxatio~n of uill p)roperty, real,
uersonal anad possesi;ory, except miues
and minigg chtims, the proeeds of
whJich adone1 shall be taxed, au1 also
ece Cpting such p)roperty as may beC ex
empl'ted by law for municipal, ~iluca
ti'onal, Jtory,rv scentific, religicas or
chairitabl p4lrposes, the atrtieh pro
v* ides that the G3eneral Asseinbh ma ,
imzpose a caipitation tax upon su-h do
un stic animals us, from their raturo
and h.bits, are destructive of >ther
p)ropecrty, andl also for atax up tu in-!
IThe poll iex remiaius the sine as
heretofore; the two-ill tax for duca
tional pumrposes has boen increned to
The General Assemibly is probbited
fromn pedging or loaning the erdit of
the SLate to any individual. comiany.
associationl or corporation or beccaiug'
a joint owner or' stockholder ii any
comnhpany or corporationl, nor bhll it
hlave the power to authorize any canty
or township to levy a tax for aiuy our
pose uecept for e'duicaion purpo to
bulild and repar pulblic roads, lild
ings and bridges to mninitaini andup1
port prisoners, pay~ jurors, count;of
icers an d for litigation. quarantinend
expenses of Courts, to s.upport pau'42r
bonids in aid of building~ railroads. A
uniformn vaiation of property for tX
ation is provided for, a ud zssesu]ts I
for county, school district and muri
p:d purposes must he levied upon he
basis of the Stato asssment.
W. D). Evam~
Cha'irman C'omi1itee (Iu Fina:e
S'etio'u 3, relative to the appoi
meat of arbitrators, is taken from t.I
Costitution of 368.
S 'ection 2, in addition to the proi -
Ions of the old Constitution as
" cuge of venue," reads: "The Sta
shall hav e the same right to mn ve ft
a changet of venne that a defendaut h
for such offenses as5 the General Asme'1I
bly- may prescribe. [nless a caang ~
oj vene has been had nnder the prc ti
viin of this article, the deferlntJ
'hall be iried in the conty whe-e thei
Ogence wxas commit ted: Privided,~'
hbeevLr that no chauge of v-enu shalib
he car..uted in ciminal cases uti af- J
ertrue bill has bee:2 found >y the ~
gra"td jtry: And provided Irt her,
tha t if aang r. ordered it uall be
to4 cou'nty in the -same judial cir
*ectio :s retains- the old prvision
for" the un'iforma modeJ4 o pading
Seciou- i ne , akes all t at es
pnM ie lwxs. 'unless 'Itiorn.ise dlared
tirely new proi:.;. aui is intended
to rn thedy th exitlg evil of having,
in suits, to ppeciall plead and prove
statutes which wve-e not of such a gen
eral ce raetcr as to require the Courts
to take ju dicia coginnCe of.
Section >, new, provides fo: a com
missioner wn e dntes sill be gen
eritll: to index the Acts of each session
before being 1iilished yearly, (whicb
has lieretolore b'en d<one by a special
appointee ir Q'MM pt- anum;) to Col
leet the Act o' _eh year and revise
the same a.lStie'1y and prepare
ttei for ti((, il:si,etion! of a committee
of the General . mi.ly, whose offiee
it shall be to re t-rt t:e progress of his
work at cach sc: in: to prepare from
ill the Acts , :tl i nd collected "a
systenmtie co.1e. iwludiug the Code of
Civil Pruetclure," and report the same
to the General Assembly on the first
day of the session f,r the year 1900,
which report shali remain in the hands
of the menlers iutil the next session,
when it stall be onsidecred and adopted.
This shall be done again at the end of
every subs<,luent period of ten years.
This code shat contain all the general
statutory law of the State, except that
passed at the session of its adoption.
The section iuards carefully against
ai<iitious or -!teratiols under the
guise of amtimii s 'ithout the for
malities of a il.
The :.etiu f:rther provides that the
Coume.tion'i ! t coimi.s:oner
shall m.t exectI .500 per annum.
(Tht wrk it b-ret..,fore has cost at the
rate of over i.10 per annum.)
The '-etion in ihe old constiitution
lock:( on! to a collection of the Gen
eral +t.'es. having no higher v .lue
th:'l a co1'ecti'on mualc Ia a private en
S.e, ien 1 is known as the anti- iynch
irr ! -no. ad is the first attempt
e r mit- ;t, unish idbe oficer in
cimnrg o the iso cr lynched and to
require the couat.- t l .' (ly damages.
This was not rettorted in the original
article. it w- oil'ere< by Mr. 1)el
linger as an u:". l..b.ent. the conulnit
tee declining to recomn1end it. The
article in the old constitution eonsisted
of three sactiou : the new article is
comlposed of si.
G. U-sCAN BLLiNcGER,
Jiih 1 U&.u n iy1 Uht. 21
1e i Yorker Nomnated for the
JUSTICE JACKSONS SUCCESSOR.
1'reRie:t Cievra'l Se:ds to the Senate
th'e Naw'x o91 .ntas W. 1'einam, a
the Co::rt of Appea s at Al
T.:iy, N., v.-"--i:rT"JerC o: I-. ;r. P'C$r
ihamn. Wh-r -'omcination Was stejected.
President Cl'eveland nomiiinated Rufus W.
Paekha-a. -f -w York. to be -ii.:c Jus
tire of the U.nited Sta:es Supre-?. Cart, to
suceed UerAi! Y. J:hksoa. of T2.scssee.
The nomination was retceived in the United
States $enare :-imultaneoasiy with the mie-.
.sage. For the time being it divided interest
with the P'resident's review of the couniry's
condition, and when the Sen'ators had! heard
tI:.c mnessage r-od it wvas oar ;fate main
te pies disecussed.
When the Senate went into Cxecut.iVZ SeS
sion Senator Pu-gh. of Alabama. Chairman
of the Judiciary Coinmittee. made a motion,
which was adoisted, referring tho nomina
tion to Uh anmiLtee. Senator Ptad im
mediately cal ;e a meetin: of the coramittee
to consider the nomntation and re'port upon
tt to the Sonaic.
A dispatch from Washington says: "The
nomination of Judge ?eckhant see:ns to h ave
ended a series of incidents by which New
York has been deprived Lot' twgo year.s past
of a scat in the highest National tribunal.
Judro Peckhanm has the suport for con
firmation of both Senator Hill and Sera
ter -Murphy. and his eminence con the
New York bench made his accorntance by the
.Judiciary Commnittee andi the re-it of the
Senat'- a foregone conclusion. -Senators on
both sides o& the Chamber exoressed them
selves as hiehly nlea4ed with' the appoint
ment, and in no instanoe was ay doub: exc
pressed as to the nomi ace's acceptability.
Senator Hill was not oresent in thi' S4nate,
but h" exairessedi himself so favorable to
Tudge RluTis WY. XPeckham when eugaged in
making the camr,aign two years ago agains:
Wheeler H. Pecekh.tm that it was generaliy,
believed he would ,te>'1 the nlomination'
without cavil and er": with satisfaction
Stnrator .urphy. of New York. rorcnouncedt
Judge Pec!:bam's promolion levsa va
inney en the b)enie of th-e New York Court
>f Aspe:s's wvhinh sits :tt A1eny. it devolves
>n Governor Morton to appoint a suecessor
rho will hold ofilee for a year.wrhen:: -r-"etal
Icetion will he held to ilti ,t unexired
Rufuts OT P-'crhan. a youner" tirother o
he&ler H. P.cikham, w n w-'al 'ow
D:tel f--: Su1:reme Court J s-tice byPrs
ent Clevet:uni. and rejceted by tae Senate.
ras born .in .U-any, N. Y., in 1831 His
ather. :dso n::: oxJ Rufu:: W. Peekham. was
as of the Jud;;es of the Nuw York Court of
.peais. Ho was ad:nitsted to the bar whenj
wta'rt-one yeats old. Soon afcer his adnmis
ion 'oatc, he 2?CameC a member of the
r ofPeckham fe Tremain, and contin
ed in that connection mtil tho
'ath of :-r. Tr2main, when the
rma bocame: Po-kh:tm ': Rosentiale.
a 18 ii- was elected District Aftor- ]
eythe AWoov County. He was ?Presient
itbnyDemocratic County Comomit
s for- sevecrai years. In 185-3 he was elected
ustice of the New York Supreme iourt to
tr~e a teran ot fourteen year.s and in 18S6 J]
e was e1ectedJto the;DwYotk Court of Aro
caLs, takinw the seat of Je-Ig Miller, who
ad been the sue-!essc-r of the eider ?eehha:r.
:dge Peckham in his eight years of service
as written opdin:s in many imperlant
Closes December :31st.
1n ':nuch a- a aiap pr-i-a prev.ais inl
,me 'cuart--- ni-t-the du'rri:-on of the At
i -th hl L wih - u-i- o-t 7an err.)
19-! -.: --1 u'' r:t'-ion tnl he -
-.Ia itt- pno-'ar y'-ar. It will
TiE CONVENTiON'M WUOKi ESDS.
The New Constitution Now the Law. A
Review of its Most Important
After remaining in session for three
months, less one week, the constitu
tional convention has at last completed
the work of framing a new constitution
for the State of South Carolina and
has adjourned sine die. Seven mem
bers of-the convention voted against
the final adoption of the new organic
law. Mr. Doyle voted with these
sev6n at first, but upon the completion
of the roll call had his vote changed.
It has taken a long time and no end of
debate to construct the new organic
law, and consequently many radical
changes from the old constitution have
.been made, the five most radical being
the regulation of the suffrage, with the
"understanding" feature; the increase
in the school tax; the impositson of the
graduated income tax; the putting in
of the dispensary law regulations, and
the adoption of. the anti-lynch law
section, which is the only provision of
the kind in any State constitation.
Then there is the increase of the
Supreme Court to four justices, and an
endless number of other important
The convention was in sassion so
long that it come to be considered al
I most a part of the State government.
It is needless to say that a good many
members seem to be much fatigued
and worn out, and no doubt they will
be glad to get away to to their homes.
I The cost of framing the new constitu
tion has been greater than was expect
ed, but that has been provided for and
the people will scarcely complain.
Thus far very few opinions as to the
merits or demerits of the paper have
been expressed, but no doubt many of
its features will be heard from 'luring
the coming state campaign.
The conventions members as a
whole have stuck pretty close to their
work during the entire session and are
to be commended for their endurance.
Thr -e members of the convention died
during the session. Wednesday's work
was purely of a routine character from
beginning to end, the committee on or
der, style and revision dire'cting the
proceedings. This committee has done
its work in the most thorough manner.
The consideration of the com tmittee's
proposed amendments was completed
Wednesday at exactly 1:38 p. m., and
after considering some re,o'utions the
convention at 2 p. in. took a recess bill
1 p. in. to allow the committee to have
changes put in the enrolled copy. In
the afternoon the committee had all
these pages ready. They were adopt
7 eu icer being carcrn ,evse M.
then the constitution was adopted as a
-.who?e. A recess was then taken till
7:3i) to :tllow the committee to arrange
the enrolled sheets in their proper or
ler. In the int.-rim a mock conven
tiun was held and much sport indulged
Wednesday night, at the fnal ses
sion, the interesting ceremony of sign
ing the constitution was witnessed.
President Evans signed first at 7:37.
Gen. Robert Smalls, one of the negro
members, refused to sign. The other
negroes were not in the hall. At two
minutes of 9 o'clock the constitution
was declared the organic aSw of the
State. The convention then went into
committee of the whole with Mr.
George Johnstone in the chair. Ap
propriate resolutions were adiopted.
When President Evans again took the
chair, Mr. Bellinger, on behalf of the
delegates, presented him with a hand
some gold watch. President Evanas
then delivered his farewell address,
speaking as follows:
"There are times, gentlemen, places
and circumstances, that bring the
hearts of men tc.gether. when the out
side bickerings, when dissensions, when
anmosities are forgotten and hearts
that were divided become united and
beat for one body. I feel that this1
convention, representing the sover-1
eignty of South Carolina now rests in
that condition. It has been the cher
ihed hope of the most of us that this
convention would be the means ofi
framing at law around which Southi
Carolinians could unite; around which
a divided people could unite and bury
yat difTerences and be brethren once
more. I feel that that has been ac
comli)Ished. We came here with some<
misgivings. We came here some of us
mistrusting one aiiother. We came 1
here possibly thinking that some of us
tu the heat or debate, in passion.t
would intlict wounds that would never(
be aled. I thank God that this hasc
not been the ease. I thank God thata
this body will adjourn, and I say it 1
from n'- own heart and I believe TI but
retlet the feeliugs and the sentiments .f
)f every delegate upon this floor when
[ ay that when we leave here we leaveo
it with no heart-burnings-with noa
irejudics. We leave it a united peo
'.le once more."
He then thauked the body fer hon- o
ring him, and for the gi ft to him. He J
hen made the following appropriate
>ersonaLl reference: "And now, gentle
acn let me assure you that before
.e meet in another constituiutional L
anv-ntion T shaill be a married
ian. I am satis!ied, gentlenmen
t will be sooner. but this is not the ,,
dh-e-this is too dignifled a plac-to "
ak' ras-h promises." at
A compliment w;as paid to dhe vener-j
ble ttesman, e-x-Congressman Geo.
.Tillmn, the conventionl calling o
im fo.r a speech. and he spoke for a
alf hour dealing with national issuer,
nud praying Heaven that Tom Rd el
ont te the next Pre.sident. C3
The co'nventicn cloc:d its session in jat
n impressive manner. singing "God F
e wie youa till we meet Saain," led ny
;rk 'felton, and te benediction by
Adai'in Parrott. The adjournment
ine dcli was rened at 9:37 1-2 on
The President Thjursdiay sent to tihe~
nate. the ntune of Mutt. WV. Uansom, .o
Sitty five thousand dollars has so far
bte. received -on the ptedge to secure
the Republican national convention
for St. Louis.
Chief Justice Fuller absolutely de
nies that he is to resign and become
general counsel for the big New York,
-Chicago,-St. Louis railroad com
bine at 8L5,000 annual rnlary.
The Senate on Thursday confirmed
the nomination of Matt. W. Ransom
to be Minister to Mexico.
Less cotton was brought into sight
last month than during any November
The New t>rk Central Railroad dem
oustrated Monday under most ad verse
circumstances that it can run the fast
est tisin in the world, 3 -miles an
hour for 440 consecutive miles..
A conimittee of the Knights of
Pythias is preparing an address to be
.resented to Mgr. Satolli, seeking to
have .et aside the pronunciamento for
.idding Ci:holics to belong to that
and other sccrt orders.
The passuger train on the Savan
nah, Florida & Western Railway from
Atlanta was wrecked 15 miles north of
Jacksonville Wednesday night. A
large number of passengers were in
At St. 1'etersbirg 47 new cases of
cholera and four deaths from the dis
cnse were reported during the week
ended November 30th. The disease is
decreasing in Volhynia and Kieti.
At Atlanta, Ga., Wednesday the Na
tional Association of Accident Insur
ance Underwriters re-eiected Benj. J.
Dyer, of Boston, president. The as
sociation will meet next June in Utica,
John Sharp, a painter, was found
frozen to death near Huntington, W.
Va.. Wednesday. The cold there was
NEWPORT NEWS JOYFUL.
Hopefdl of Building the Big Battle,
ships. Bragging on Their Dock.
The American line steamer New
York, has arrived at Newport News
and was immediately put in the dock
of the shipbuilding company, where
she will undergo a thorough overhaul:
ing, this being the third time the New
York has been extensively overhauled
there. The Paris of the same line
preceded the New York in the dock
there for the past ten days and was
floated on Saturday, proceeding direct
ly to New York-to--resume her regular
voyages. The' -Newport News Com
pany possesses the only dock
in this country capable of re
has come into prominence as one of
the great repairing stations of the
world. There is . great joy in the
workshops there over the prospect of
battleships Nos. 5 and 6 being con
structed there, the bid of the Newport
News company being $390,000 below
the next lowest competitor. It ap
pears that the navy department can
save $600,000 by building both the
Kearsage and her sister there instead
of awarding one to the Pacific slope
where stilLanother additional expense
would result from paying the freight
aross the continent of all armor and
equipment. Under these circum
stances, President C. P. Orcutt of the
Newport News company is confident
hat both battleships will be built in
he Southern States.
COL. SEABROOK'S SUCCESS0R.
r. C. J. C. Hutson, of Hampton,
Clerk of the United States District
JTudge Brawley has appointed the
Eon. C. .T. C. Hutson, of Hampton,
lerk ox the United States District
ourt, to succeed the late Col. E. M1.
Seabrook. The appointment of Maj.
Intson to the clerkship will give pleds
ire to his many admirers and friends
broughout the State. Maj. Hutson
as been before the people of the State
or many years, having served in the
tate Legislature for a number, of
erms. He has also been a mnember of
he present Constitutional Convention.
ic is one of the ablest lawyers of the
tate sa.d is very .popular with- his
rethren of the Bar.
Maj. Hutson was a gallant nad an
~xemplary soldier throughout the war.
e went to Virginia in 1801 as a mem
er of that splendid company comn
ianded by Capt. Wmn. T. Haskell, t..t
ched to the. 1st regiment of South
~arolina Volunteers. He enjoyed the
onfidence and esteem of his officers
,nd was beloved by his comrades. He
ecame adjutant of the regiment and
vas an admirable officer, skilful and
arless in the discharge of duty.
Maj. Hutson is .a gentleman of the
d school and a charming companion
s well as the'soul of hohor.
Maj. Hutson will take chiargd of -the
fle eon Jan. 1. Until that date the
flice will continue in- charge of Mr.
ulius Seabrook, the deputy clerk.
HANGED AT CHESTER.
loyd, the Slayer of Willie Welsh,
Pays the Penacy.
Charles Lloyd, the negro who killed
jung Willie Welsh at the Haile gold
in, Lancaster co'nty, was hanged
Chester en Friday: in the county
l. The drop fell at 11:38~and Lloyd
s proinounced dead by ~Dr. Brice in
minutes. Owingt - rumors that
loyd would be lynched in Lancaster,
icitor Henry secured a change of
nue and the pris~oner was carried to
lester for trial. He was convicted
the October term of court and on
:iday suffered the full penalty of the
Havy7 GoMd Coinage in CairornIa.
f the rate or coinage continues at the
iited State.s Mint as it ia.s be?- ;;oir.:, thi.s
r will be a ro~ -!ettar one jor California. -