Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1868-05-08
FROM TIE GREENvILLE ENTERpRIsE.)
THE YANKEE NEGRO CONSTITUTION,

(FROM TIE GREENvILLE ENTERPRlSE.)
THE YANKEE NEGRO CONSTITUTION,
Section 10, OF the Declaration of Rights
gives Justices Of Peace jurisdiction Of all
offences, less than felony, and in which |
tho punishment docs not exceed fine Of
ono hundred dollars, or imprisonment for
thirty days. This is gross invasion Of
that boast and bulwark of Anglo Saxon
liberty, the trial by Jury. Any one may
be arrested and "tried sunamarily," "be-
fore a Justice of the Peace, or other officer,
authorized by law, on information uuder J
oath, without indictment or intervantion of
Grand jury" Can any thing be more
despotio or alarming, than the power of an
ignorant, vicious negro Justice to fine and
imprison any and every man in the State ?
SEC. 2l, Enables the Legislature to
authorize and empower any one, police
Or wilitia officer, to suspend tho laws OF
tho State or tho execution of tie laws
The Constitution of the United States lin.
its the Suspension OF the writ Of habcas
corpus By Congress, oven 10 cases of re.
hcllion or Invasion. But here the whole
laws or the State, in time Of peace, may be
suspended by somo worthless minion, au-
thorizcd by the Legislature
Sec. 25, Authorizcs the General As.
seu,bly to sui iect any ono to martial laa0,
or to the pains and penalties Of martial
law, whenever they thiuk proper. This in.
famous power is given the Legislature I'M.
der the guise, too of protecting personal
rights. 1t soeus to !avo bocn suggested
by the minority of the Supreme Courts
dissenting opinion in Milligan's case. They
held that Congress could apthorise the tr;.
al of a citisen by a military court. The
trainers of this Constitution did not intend
TO leave the legislative power doubtful in
this particular.
SEC. 20, Clearly and distinctly empow.
ers and authorizes the Legislature to keep
up and maintain a standing army IN time
Of peace! This alarming power, is given,
too, most adroitly, under the preteuce, that
armies being dangerous to liberty, ought
not te bs maintained in time Of peape
'',oithoxt the consent Of tho General As
sensdly!" The purpose of this section il
TO enable the Legislature to keep up reg
ular force Of FIVE or ten thousand negro
soldiers to suppress and keep in sutjec,io1
tile white race, after the United States for
ces are removed from South Carolina Thu
, Constitution of the United Stntes express
, ly prohibits any State keeping troops o
ships of war in time of peace" But Til
, Constitution declares it may be doHe wit
3 the consent of the Legislat ure!
? SEC. 2, Of ARTICLE 4, Provides tba
5 the Judges Of the Supreme Court shall b
, elected for sir gears, and section l3 of tb
|, same article orlaius that circuit Judge
t shall hold their Office for "a term of .fou
}. years." This destroys the indepe ndence
@ tho Judiciary, and makes them politics
J. partisans with all the temptations and CO
e ruptions Of politicians. In order TO s.
y cure their reelection, they must becon
y subseryicnt to the Legislature, by who
d they are to he reelected. They will n,
If dare to decide an act of the Legislatu
= unconstitutional, nor will they venture
,. oppose their judicial opinions to any pop
IL lar current which may be sweeping ov
Of the State. Whilst the Judges of Engla,
8. were iu commission during tue pleasure
SO the Crown, they. were always tyran
ii menials. Heretofore the Judiciary of Il
J. State elected for life have always be
to above reproacb, and their ernirs has nev
ly been eplIied with stain Of suspicion.
T 4encelorth the Judiciary Of South Car
,le lima will be "a corrupt and ~ spbservie
m. as the Radical Party itself. :.
Ise SEC. 22i Gives. Justices of the Pss
N. Jurisdiction, ia cases Of bastardy and
IL CONTRACTS and torts as high al one hund'
ov: dssl,rs, This will open the food gates
he litigation and keep the people in coust;
he excitement and commotion. Pettifogg
ow will spring Up all over the State to dist
OF, the pcaeo and quiet Of tho commuui
u's Ignorance and prejudice will be sitting
ysd judgment on the rights and liberties OF
.a- people.
old SEC. rs, Denies the Judges the righ
'ar- changing juries in respect to matters
,ro. fachl 10 most cases tried 10 our Gov
.ioa it is absolutely necessary for the Judg
Ina analytic the facts in order for the jute
vas properly understand them and give a
mp. rect verdict. This will be more imp,
hat tive hereafter when our former slaves 6
'e a be sitting on these jurics. In comp
life ted civil, case, before stupid ignoran4
plan under this restriction, tue trial by jury
lack be ruockery Of ias.ice.
SEC. 33, Takes from the Legislator
!. discretion -as 10 Ihs adoption pf the
posed amendment Of the Federal Co
p'a tuition; di'frahcbfsids & the people OFFS
from I Carolina. This infamous amendment
siyce. ppd,aaed by. Ohio, Csliisrnis, New ],