New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-05-03

anu pAbslOn, ara GDOuBnJ only OF ble wei
fare of the whole State. As debaters and
parliamentarians they would to-day dc
credit to any legislative body in the county,
THE NEW BILL OF RIGHTS. |sH
The most prominent and radical changes
introduced by the new Constitution are
worthy of mention, promising again that
many OF these changes are new only to South
Carolina. The Constitution opens in its
bill OF rights with simple reiteration oil
the opening lines Of the Declaration Of In
dependence, than which nothing could be
more revolutionary or radical in the air Of
South Carolina. This is followed by the
most emphatic and solemn assertion Of the
| lnVlolaDlllty Of the American Union, deny.
ing the power under any circumstances Of
the State to break the bond which binds her
to that Union. Thisis followed by the clear,
unmistakable declaration that "This State
shall ever remain member of the American
Union, and all attempts from whatever
source, or upon whatever pretext, to dis
solve said Union shall be resisted with the
| whole power of the State.n II need not be
said that this is the last feather on the over
loaded cancels back of old South Carolinisn
State pride. Can bitterer cup be imag.
ined for the lips Of men who still repeat,
morning and evening, the old dogmas OF
Calhoun and Hammond?
IMPRISONMENT FOR DEBT ABOLISHED.
Following these declarations are the
usual enunciatiOns of rights, carefully
drawn, and intended, as far as possible, to
cover all possible cases in the future. One
section Of the Bill of Rights, however,
deserves special notice-the section pro,
hibiting imprisonment for debt, except in
cases OF fraud. Strange as it may seem,
| Imprisonment for debt actually existed in
| South Carolina up to the day when General
Sickles issued his famous order No. 10; and
nos only did itexist on the statute book -; 80
| IL was in daily, hourly use and practice, and
General Sickles' order opened the prison
doors to men who had not seen their homes
or breathed the free air for three, five, and
seven years. A gentleman, long resident
in Charleston, related to me, the other day,
an affecting incident in the life of the la.
mented James L. Pettigru, which illustrates
the truly noble character of Judge Pettigru
and the barbarism of the old laws of South
Carolina toward white as well as black
During the war, while the Circuit Court
was holding session in Charleston, Judge
Pettigru rose in open court as anxious
cll'i@, and begged to call the atten
ton of the court to the case of man who
had lain in the Charleston jail for fifteen
years for debit The court was astonished
and sent in haste for the poor victim. He
was brought into court sight for gods and
men. He who fifteen years before had en-
tered the jail hale, stalwart man, in the
prime of manhood, came out of it a decrepit,
white haired, helpless wreck! So much for
one Of our Radical innovations.
THE HOMESTEAD GUARANTEE.
The next great innovation is the section
authorizing a homestead of the value of
fifteen hundred dollars to be secured to the
head of every family in the State. This is
the feature of the Constitution which ap.
peals most strongly to the landed white
residents of the State; a section, too, which
was passed by colored men, not one in a
hundred, no not in five hundred of whom
could hope to derive benefit from it. But
the colored men felt that it was a wise, fair
measure tending to the welfare of the whole
people, and they passed the section unani-
mously. Owing 10 the impoverished condi.
ton Of the State this section has drawn out
quite large white vote in favor of the new
Constitution.
THE NEW JUDICIAL SYSTEM.
The changes in the judiciary system of
the State established by the new Constitu-
ton are among the topics which have oc.
casioned the most interest here, and have
been most misrepresented abroad. During
the session of @hH Convention the agent of
the Associated Press sent word to the
country that the new system was ex.
ceedingly cumbersome, and greatly in
creased the EXPENSE of the judicial
department of the State The eY.
act reverse of this is the truth The
new system simplifes the machinery, and
reduces the expenses of the judiciary at
least one.third. Under the old system
there were district courts for the exclusive
cognizance of cases, civil or criminal, at.
fecting persons of color. Then there were
courts of common pleas for civil cases,
courts OF general session for criminal cases,
a court Of errors, and final court of APP
peals, and in addition to all this there was
a most foolishly intricate and intolerable
system Of separate equity, jurisdiction, and
practice. 1t was unwieldy, tedious, IN.
philosophical in general, intricate in detail
and expensive 10 a degree amounting 70
prOhib ition in many cases, II was a system.
too. so old and rickety and still so linked in /
its parts that it could not be amended. The
therefore, quietly but remorse-
lessly wiped" it out, and began with carte !
blanche.
The new system is simple, complete, in
expensive, and impartial. 1t provides fora |
Supreme Court, with appellate Jurisdiction |
generally, and the usual special original ju- |
risdiction. Below this are the two Circuit |
Courts-the Common Peas, with civil iuris- |
diction only, and the General Sessions. with |
jurisdiction only; Judges of Pro- |
bate and Justices of the Peace. Nothing |
could well be simpler. The two Circuit |
CNNA - t-Ap w w uClu ny VIC hhulC JuuRe
each circuit. and the old separate equity |
courts, in all THEN details and ramifcations, |
are incontincntly hurled to the realm Of |
chaos and old night" The District Courts. /
for the sole benefit of the col.
ored people, are also swept away, and the
coloTed people are quite content to take
their chances in the courts along with white
men. It is estimated that the cost of the
new system Will not be more than two
thirds the cost Of the old, and will secure
The ends for which courts are established,
10 wit: to secure substantial and impartial /
Justice, In a simple, expeditions, cheap way.
You can see without remark how utterly
1ntruthful the account was as given by the I
Associated Press. lnlf Bio
SUFFRAGE.
The next great change effected by the new
Constitution is the article on suffrage. BY /
this article every male citizen ofthe United
States Of the age Of twenty one wears. who
has been a resident of the State for one |
year, is made an eleetor ofthe State, except
such persons as are now or may hereafter /
be disfranchised by Congress. Not one line
Is added TO the laws Of Congress. Not sim
gle man whom the reconstruction acts do
oot disffanchise is touched by this Constltul
lion; and that, too, in South Carolina.
where the champions Of secession are III. dsy
bitter as gall, in a Convention composed Of
; large majority ofcolored men, vita power
% glut their revenge if they had revenge:
with power to feed fat the ancient grndge,d
4 any grudge existed. point TO this fact
Is marvellous exhibition Of the magnang
NOUS spirit and generous purposes Of the
,olered men of South Carolina. Talk of 4
var Of races Be sure, If such a war
ZONES, after such exhibitions on the part OF
ne black race, that God, good angels, and
good men will fight on the SIDE OF he blacE
race alone. Ut f7fs
Pc si1 FRnE EDuckz1oE. ~.
M. n :. &, n : - -. ,..,