The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1868-02-08
The Proposed, Constitution.

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We place before our, readers a synopsis Of
the "Declaration of Rights and Form of Gov
crnmept as the Constitution of the Common
wealth ofSouth Carolina" It is worthy 7of n
careful perusal; and, did our space permit, VIC
would insert tho document in full. Tt proposes
radical changes in our system Of government,
and those changes, for the most part, are de-
Pidcdly for the worse. We arc indebted to
the Charleston DaHy Ncrs for the synopsis,
which wc commend to THO attention of all: II.
The existing constitution Of the State is pro-
posed to be materially changed both as regards
matter and arrangement. First, it is set forth
that "all men are born free aud cqual;", Sc
cond, that slavery shall not hereafter exist;
third, that power is vested in and derived only ;
from the people; fourth. that the doctrine of
States rights is forever dead and buried; fifth,
that under no prctcxt shall another attempt be
made to dissolvcthc Union; ond, sixth, that
NIL citizens shall possess equul civil mud politi-
cal rights! T7f' J" 1''19';'nrs .hia
Then follows a series Of provisions dtscrip-
tive of the rights and public privileges of per
sons, Among these provisions, it will be, no
t!ced that hereafter no person shall be impris-
onod for debt, and that homestead shall be
exempted from seizure .pr salo., Private sand
corporate property is.to bo inyiolatc, yet laws
may be made securing right OF way oyor lands
of either persons or corporations for purposes
of internal Improvement, but n just componsa-
ton, in all cases, is first to Be made to the
owners.
Whoever prepared the document before lis
has evidently had keen eye to tho probabili-
tics of future stay Jaws, for, i'll section 26, it is
expressly provided that the power Of suspend
ing the laws ought never to be exercised savo
by the legislature, or the authority derived
from'it. Care is taken also that neither the
Legislative, nor the executive, nor the y judicial
department of the government, shall in any
wise trcnch!upo the functions and powers of
tho others. Another provision which would
materially change tho habits and customs of our
people, is that which prevents any inliyiduai
who shall fight duel, or send or accept a chal-
cngc, or is in any way concerned in fighting n
duel, from holding any Office of honor or trust
in the State, besides making him liable to such
other punishment as the law may prescribe,
One of the worst features fJthc proposed
constitution is, perhaps, tho clause which pro-
Widcs that no property qualification shall be
necessary for IN election to or, the holding of
Any office.
The evil influence Of bribery, tumult and i'm
proper conduct i'll elections is guarded against ;
and no office is to be created, the appointment
to which shall be for q longer time than during
good behavior. All nuyigable streams arc to
be! public highways, free to the citizens of the
United States without any imposition. of tax
or toll, and no owner, Of wharf, erected on the
shores ofa navigable' Stream, is permitted to
charge fot the use Of the said wharf, unless ex
prcssly authorized to do SO by the legislature.
The judicial power is vested in a Supreme
Court, in two Circuit. Conrts-to wit: Court
Of Common Pleas having civil Jurisdiction and
Court Of General Sessions having criminal u-
risdiction only-and in District and Probate
Courts and Justices of the Peace The Su-
premc Court is to consist of three judges, who
arc to Be elected by the General Assembly for
tho term Of six years, and so classified that one
of tho judges shall go out Of Office every two
ycars, tho Judge holding the shortest term of
Office Under ths classification to be the Chief
.Justicc during his tnrm OF Office RI.
Tbs article provides for 8lling all vacancies
that may occur, tho circuits which each judge
shall occupy, and ti'.. ssislictiop which eacA
/ judge shall oxcrciao,' TIC crcuiit judge is to
be elected by the people of his eircuit, and
shall hold Office for the term Of four years.
Tlle Courts OF Common Plons are to sit in encl,
judicinl district at lonst twiro year, and to
haze full Jurisdiction In all matters of equity.
But tho courts now established for that purpose
shall continue as Mt present organized until
january l,lSG9, for tho disposition of canscs
| pending thorcin The Court of Gcnera) Scs-
uiI,uc iebo1l CT -