Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1868-01-30

soldiers were regarded with increased admiration.
PROCEEDINGS
OF THE ~.
RECONSTRUCTION CONVENTION.
fCoNTINUED FROM FIRST PAGE.
SOLICITORS SECURED.
F. J. Moses, Jr., from the same committee, to
whom was referred resolution to employ the le-
gal services of G. D. Melton, ESQ.,, one of the
State Solicitors in aid of the purpose of the con-
vention, reported that they had had the under
consideration and recommend that it do pass, with
the amendment that Major D. 7. Corbin, United
States District Attorney, be included in the same
arrangement. The question being taken on the
adoption of the report, it was decided in the afr-
native. ......-. ...,. :. ....r..t.Il. .s,.,
PENIEENMARY AFFAIRS. -E...
Lemuel Boozer, white, of Lexington, from the
committee on the Miscellaneous Provisions of the
Constitution, to whom was referred . resolution
that committee of FIVE shall be appointed TO pro-
coed to Columbia, and investigate certain reports
concerning the penitentiary, reported that they had
considered the same, and that, in the opinion OF
the committee, its subject matter was one which
belonged exclusively to the Committee on the Ju-
dietary, since the resolution was proposition to
appoint commission W ISVleW ttie aktioH VI b.te
judiciary of the State. T. Referred to the Commit
tee on the Judiciary. , i.si-.sE. %,
BRIBERY IN ELECTIONS.
Timothy Hurley, white, introduced resolution,
which was referred to the Committee on Franchise,
that hereafter oil elections in the State shall be free
and voluntary; that any elector allowing himself
to be bribed or corrupted by meat, drink or mon
eys shall be punished therefor and that if any per
son who shall, directly or indirectly, give promise
of, or bestow any such rewards be elected, he shall
thereby be rendered incapable to hold any office of
trust for period of ten years, and be punished by
fine and imprisonment. e-t. ayt'
.. -.. THE MILITIA. ,.s 3pI'
The same delegate offered o resolution, that all
ablebodied male citizens in the State between eight
cen and forty-Gve years Of age, except such per-
sons as are exempt by law, shall be enrolled armed
equipped and trained as the legislature may pro-
vide. All officers to be commissioned by the Gov
ernor, and to hold commissions during good beha-
vior The legislature to fix the divisions in brig.
ades and regiments. The Governor to appoint all
officers above the rank of major, and majors and
other subordinate officers to be elected by the sew
eral commands -
Referred to the Committee on Miscellaneous
Provisions of the Constitution. 2.f
FUTILE ATTEMPT TO ABOLISH DISTRICT COURTS.
Rev. j. NJ Runion, white, Of Greenville, offer
ed the following
Be 1t ordained, &C., That the inferior courts Of
each district knoHnas District Courts bei and the
same are hereby abolished, and all judgments and
DEGREES Of such courts rendered after the passage
of this ordinance, shall be null and void. a7-,s'
DR.. Neagle, white, of York, moved that the
convention 20 into committee of the whole on thiE
subject.
fhe President explained that all resolutions
whose object is of permanent character are re-
uuired, by rule, 20 De referred to committee, be-
fore they can be considered, unless the convention
suspend the rules for the purpose of immediate
consideration.
B. F. Whittemore, white, Darlington, moved
to suspend the rules.
| The motion was agreed to.
The question being on resolving the convention
into committee of the whole was then taken, and
likewise decided in the affirmative.
j. NJ RUTLAND IN THE CHAIR
R. G. DeLarge, colored, Of Charleston, said he
was opposed to the manner in which the resolution
was being treated He agreed with its spirit, and
did not deem this class Of courts essential to the
proper administration of justice in the State; but
the question of abolishing one Of the branches OF
the government was grave one, and the RESPONSE
biEties which its decision involved were too impor-
tant for the convention to act hastily and without
that careful consideration, which could only be
given by committee. Indeed, he did not know
but that instead of facilitating, they would retard
Justice by rushing this resolution through the con-
yention, as they seemed inclined to do, regardless
of the consequences.
L. s. Langley, colored, Of Beaufort; J. q.
Rainey, colored, Of Georgetown; Timothy Hurley,
white, of Charleston; B. Il. Randolph, colored,
of Lexington, opposed, and Runion, white, OF
Greenville, favored the resolution.
DR.. Neagle, white, of York, thought the con-
vention was acting too hastily. 1t was true that
public opinion condemned District Courts; true
that they cost the State fifty or hundred thous-
and dollars per annum, but the change contempla-
ted should be made with care and deliberation
With reference to the right of the convention to
legisate on this subject, he had no doubt 1t was
here to form civil government. And what did
that mean but to create an organic law, and gene
raj laws, and to provide officers to execute these
| laws? The convention had jurisdiction over every
official position in the State and he 1.-THE speakerl
could place no other construction upon the acts OF
Congress-
They were here to frame constitution to estab-
llish government, and unless they could make the
machinery to put it in operation they might as well
90 home. Hence, he argued-the complete con.
troll of the convention over the District Courts Of
Dr. A. G. Mackey, President, said he did not
intend to obtrude his views upon the convention,
but this was one of the most important questions
that could come before the body-not so much
with reference to the principle involved in the or
dinance itself, principle upon which very large
number of people of all shades Of political charac-
ter agree-but because its introduction is evidence,
not only of an improper desire to legislate upon
matters clearly not within the province of the con-
yention, but Of wish to legislate with unseemly
haste.
In regard to the character Of District Courts, OF
the necessity for their abolition, heintended to say
nothing. It was not the time or place to discuss
the principles involved. The real question under
consideration was What right had the convention
to pass any such ordinance? Were they possessed
of legislative powers outside the specific purpose
for which they were called together? And If i
should be determined that they had such author.
ty, was it the best way to exercise that power BY
thrusting at once upon the convention, without
due consideration, one of the most important mea
sures that can command its judgment2
Now, said the speaker, I contend that this CON
stitutional convention was called under the Recon
struction acts of Congress and the order of Genera
Candy. 1t was called for specific purpose and nt
other, and it is illegal and wrong for it to adopt an,
measure which it Is not authorized to review anC
consider. know that if I should say the conven
ton is possessed of legislative powers, should be
on the side of what believe to be the heretica
political opinions of this State know it has beer
generally held in South Carolina that convention
of the people were sovereign and unlimited in thei
powers; so much so that it was unnecessary thei
acts should be referred to the people, because i
was deemed they were the people themselves. Bu
this is an opinion l have never entertained, ant