The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1866-02-28
Ordinance Of the Convention.

As Court will soon sit, we repuo!tsh lot the
benefit of ,tc legal fraternity, the Ordinance OF
the late State Convention, the main object of
which, says the Pickens Courier, is to confirm
what has been done during the late war.
! The fifth section provides mode for the set
| slenent of all contracts made between the first
day Of january 1862, and the 18th day Of May
1865. The value Of the article sold or purchased
is to regulate, in all cases. the price thereof
How this uaIus is to be ascertained, We know
not; but we presume the lawyers will find
| remedy. It is important that few cases arising
under this Ordinance, as we'll as contracts for ne
gro property previously made, should be deter
mined by the Courts, so that correct rules may
be established by hich settlements can be made
without resortng in all cases to the Law:
AN ORDINANCE
To Declare in force the Constitution and Laws
| heretofore in force in this State and the Acts,
official, public and private cone, and ap-
poiraments and elections made under au.
| thority Of the same.
! We, the People of the State Of South Carolina,
By our Delegates in Convention met, do or
! dain
| !. That the Constitution of this State, as or
dained and established by the People in Conven-
ton at Charleston, on the eighth day Of April,
! IN the year of our Lord one thousand eight hun.
! dred and Sixty.one is in force, except amend
| cd or altered by this Constitution.
| 2. That all laws, orders, regulations and rules,
ascertaining the rights Of persons natural or arti
! fetal, or regulating the proceedings iu the Courts
! of Law or Equity, which were of force in this
| State on the nineteenth day Of December, in the
! year of our Lord eue Thousand, eigh. hundred
and sixty, are now in force, and shall$o continue
until altered, modified, repealed or avoided by
proper State authority, except in so far as the
same or any of them have been or las been,
since that time, so altered, modified, repealed or
| avoided.
| 8. That all Acts and Resolutions Of the Gene
raj Assembly Of this State, which have been
| passed, adop:ed or ratified since the nineteenth
! day of December in the year of our Lord one
| thousand eight hundred and sixty aforesaid, are
now in force and shall so continue until altered,
modified, repealed or avoided By proper State
authority, except such as have expired by their
own limitation, or by reason of the cessation Of
the causes which occasioned their enactment
not however, including within this exception the
! Act of Assembly prohibiting the collection Of
| debts usually known as the Stay Law: Provided,
| however, That all laws, resolutions, orders or
! rules embraced within the terms Of this and the
preceding Section, which recognize the existence
| Of slavery, and regulate the relations Of master
and slave, and define and enforce the rights and
| duties growing there out, or create and punish
offences against such rights or against the public
policy of the State in reference TO slavery, have
become Of no further or future force or effect, by
| reason of the extinction Of slavery.
f. That all official Acs in the Executive and
other Departments of the Government of :his
State, judicial proceedings, rules of Court, sales,
conveyances, contracts, obligations, instruments
OF writing and transactions affecting rights o. per-
sons Or property had, made, executed or incurred,
since the nineteenth day Of December, in the
year of our Lord one thousand eight hundred
and sixty have, aud shall continue to have, in
all resptcts the same force, effect and validity as
if the same had been had, made, executed or in
CURED during time of peace, and as if the Or
dInance of Secession had not been passed: Pro-
rided, That in every action arising in contract,
whether under seal or parole, wri ten or oral
made between the first dav OF January, in the
year Of our Lord 1862 and the fifteenth day
Of May in the year of our Lo,d, Iso5,it shall be
lawful for either party to the action to introduce
testimony showing the true value and real char
acter Of the consideration OF such contract at
the time it was made, so that regard being had
TO the particular circumstances OF each case, such
verdict or decree may be rendered as will effect
|subStautial justice between the parties: And,
Provided further, that all prosecutions now pend
ding under any Act or Acts OF the General As
<embly passed to aid or assist in the war against
The United States shall be discontinued.
5. The General Assembly Of this State is for
ever prohibited from passing any law imposing
civil disabilities forfeiture Of property or OF
other rights, or punishment Of any kind, or any
citizen or resident Of this State, or person own
ing property herein, for the relation ofSuch cit
zen, resident or person TO, or his or her con-
duct in reference to the late secession of this
State from the Federal Union or the war which
grew out of the same, or for any participation,
aid, council or assistance therein.
s. The Judges of the several Courts in this
State aud other judicial Officers, the Attorney
General and Solicitors, President and Directors
of the Bank of the State Of South Carolina, the
Secretary fState, Commissioners ofChe Treasury,
S.rveyor-General and all District and other off,
GERS who derive their authority from or under
the Executive, Legislative or judicial Departments
who were holding and exercising Office before
and on the twenty-sixth day of April last, or had
before that day been elected thereto, are in the
regard c: the State, Except where vacancies have
since occurred or may occur, by reason Of death,
expiration of term or otherwise under the laws OF
the Ssate) still holding their respective Offices,
and are entitled to hold and exercise the same
by the original tenure thereof, for the residue of
the terms for which they were severally elected
or appointed: Provided however, that every
person so holding Office has heretofore taken
and subscribed, or shall before the first day of,
December next, take and subscribe before some
officer properly authorized to administer the
same, the oath prescribed and required in the
Proclamation Of His ExeeAeney Andrew johnson,
President of the United States, of the twenty
ninth day Of May last, commonly called the .sAul-
nesty Proclamation" and upoa failure to- CON-
ply with the requirements OF this pro7iso, the
Office of such person shall be thereupon vacant,
and shall be filed in the manner provided by
law in cases Of vacancy otherwise occurring.
Done in Convention at Columbia, in the State
of South Carolina, the twenty-seventh day
Of September, in the year of our Lord one
thousand eight hundred and sixtv-6ve.
D. L. WARDLAW,
President of the Convention.
| JOHN T. SLOAN,