The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1865-09-28
COLUMBIA CORRESPONDENCE.
[FRoM OUR OWN CORRESPONDENT

COLUMBIA, September 25.
r In my letter of Saturday night, think that 1
gave you an account of the changes that have
been made i'll the first, second and third Articles
of the Constitution. To-day the amendments
proposed by the Committee Oh Amendments, not
included in the Legislative, Judicial Executive
departments of the Constitution and general arti-
cles therein not specifically reported upon" came
up for consideration These articles embraced
under this head Articles 4, g. G, T. S, o. 10, II
ofthe Constitution. Article four was passed without
dcbate-it relates only to the oath Of q person
elected or appointed to any Office Tho fifth arti-
Gle, relating to impeachment and removal from
Office was also passed. The sixth article containing
the form Of eecting the Treasurer and Surveyor
General, the appointment Of other officers, and
tho form Of commission, was agreed to, with some
important verbal amendments.
The debate began on Article VII, which was
finally passed in the following words: All laws
in force i'll this State at the adoption of this Con-
'stitution, and not inconsistent hereto, shall so
continue until altered or repealed by the General
Assembly, except where they are temporary; in
which case they shall expire at tho times respect
lively limited for their duration, if not continued
by act of the. General Assembly
Tho Bill Of Rights, contained in Article VIII,
was then taken up. The words, "by due process
of'law," in the second section, having caused con-
siderable debate, some members wishing to sub
ssttutc law of the land" Chancellor INa11s moved
that tho Convention should resolve itself into O.
committee OF the Whole, 30 that the President
could be heard on the subject. This was done
and MIR. SULLIVAN having taken the Chair, Judge
WARDLAw said that these words, ssno person shall
be taken or imprisoned" &C., were taken from
Magma Charta. Soon after The adoption OF II o
Constitution of 1870, the question of the meani,
OF the words ''law of the land" came before the
Court in the case Of Zylstra. BY reference to the
English authorities and decisions, it WAS found
that the words claw Of the land" meant law in
existence at the adoption of Magma Charta, and
Judge :WATIEs so held. This was found inconye-
nlen and soon after the Court held that the words
Vacant laws in force at the time that the Consttu
tion Was adopted. The charter of Charleston was
given in 1885, and by it tho corporation was al
lowed to arrest and do other acts not allowed by
Magma Charta. The other towns were given char
ters of tho same kind, and tho Court held that the
Charter of Charleston having been given before
179O, other corporations would have the same
privilege. The same course was adopted with re-
gard to Commissioners of Cuts and the Commits
sloners OF Roads. The Commissioners of Cuts
were appointed before 1890, and were empowered
10 levy hhcs The same power was given to the
Commissioners Of Roads. This clause was drawn
mp from the United States Constitution, which was
drawn with great care, and was really what WINS
meant by Magma Charta The object of using tho
words, Is that tho Legislature shall not be cmbar
!, raised. ~.iT
With regard to the clause relating to trial bv
Jury, he said, When you say that trial by iury
must be preserved, do you mean that negroes
must be tried by jury before the District Courts
or do You mean to give them the power of pro.
nouncing equitaby2 Before the Constitution went
into force the magistrates could try cases for s5
Judge SMITH, Of this State attempted to give back
tomagistrates the trial of cases not over f5, and
g. not s2o, as provided by tho Constitution of the
''unted states-hc took the ground that the limta-
: non applied to the United States, and not to tho
state Courts. This is the true doctrine, and If
you WISH to preserve tho power in the Legislature,
you must DE careful of tho words that YOU use. III
you mean 10 keepthe words trial by Jury, then the
District Courts will NOT bo able tn trv ony cooo
without jury, involving more than twenty-five
dollars. .isE -..,.T - wv
Tho Committee Of the Whole Men rose md the
rest Of the article was passed, with AZ, onoo,,1no
providing that the writ Of ha6eas corpm, s,oI,
be suspended except In cases of invasion or ;nsns
seesion; and also, with amendment proyidi,o.
st4ht the General rl 4s Assembly shall haze the powef
t0thk the number Of Jurors to constitute o. iury In
the District Courts, s,if y1a i'a o'og'oo liino:'
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