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

)tner State, nanely, 10 tue Siupie PAoPoo
THAT we believe would be proper form OF constl-
ution and until the people shalratify our action
will be of no effect whatever. Now, IT we can.
,ot frame constitution without first submitting 1t
% the people, can we undertake to- st here, from
lay to day, without passing--through the usual
orms of first, second and third readings -ordinan-
,es which upset the very foundations Of society;
ordinances which are to destroy courts that for two
,ears have been In existence, and in which the
tights and property of many citizens are involvedI
Have we right to declare that those courts are
abolished, without any reference to the people,
and that call judgments and DEGREES Of such courts,
rendered after the passage Of this ordinance shall
1e null and vcid2'' Have We a right to declare
that we will change the whole state Of society at
once2 gas.
The gentleman who preceded Inc admits that
whatever ordinances we adopt must be submitted
to the people. This is great admission, but 1t
should be followed with the remark, that such be-
ing the case, it is wholly unnecessary for to pass
any such ordinance, as the one PROPOSED. We
have appointed a Committee on the Judiciary, to
whom are to be submitted all these questions for
discussion, and after aborious investigation with
the aid of such legal counsel as they may secure,
they are to recommend to the convention what
course should be adopted in reference thereto
Why did we appoint this Committee on the Judi
CldIY1 ludI Dt d uicIc 6unQOWi TWltuOut
substance. That after having ngsappointed it to
frame portion Of the constitution relating to the
Judiciary, we shall take grave subjects out of its
hands, resolve ourselves into Committee upon
the Judiciary, and without examination, without
instructions, without legal counsel, pass an ordi-
nance which we all admit is mere h1tum tulmea
"a harmless thunderbolt- can have no ef-
feet until acted upon by the peopIe2
!. How much greater will be the influence Of this
convention If, with dignity and decorum, we say,
we viii touch none Of these things; we have come
here, under the Reconstruction Acts Of Congress,
to frame constitution for the acceptance Of the
people of the State, and we will con6ne ourselves
to this task. We viii give to each portion Of the
constitution that due deberation to Whichit is en-
titled We will divide the questions which arse
at their leisure, unnfuenced by eloquence, or 9TH
er considerations, which might control them upon
this floor, determine what is right or wrong, and
present it herel Then will be time enough forus
to talk Of abolshing District Courts Buff we pass
this ordinance now, who can predict where we shall
stop? Z, e u. !,
tain upon the subject of preceding constitutional
conventions and from study of the ahlest jurists
upon the subject, I believe that constitutional
convention has no rghtto pass any other ordinance
than such as has been committed to it by the peo-
pie In this case there is but one ordinance that
this convention can pass, and that is TO levy and
collect tax. It's next and only other business Is
to frame constitution. a-.6t 10 .,gc,sgs IA
In conclusion, I move that this resolution be re-
fered to the Committee on the Judiciary, and that
the Committee on the Whole do now Ise. :
The motion was agreed to, and the chairman, J.
NJ Rutland, reported action. .gg.,. ssrsjl
The question occurred on adopting the report Of
the Committee of the Whole, and it was decided
in the affirmative. ., Tx ..; - ab - ~ -
j. Z. Sasportas (colored), Of Orangeburg, offer
ed the following, which was referred to the COM
mittee on the Judiciary ..,1 ~. ~.
Whereas The bulwark Of life and liberty de-
pends upon the intelligence of those who sit in
Judgment on their fellcW-men, be it
Resolued, That all persons may siton juries with
out regard torace, color, or previous condition,
provided they are registered voters, and are able
to read and write legibly. j 80.
w. E. johnson, colored, preacher, submitted q
resolution: saThat ministers may hold office it they
wish to do so.' yi sb3 3Gtl.
The convention hepadjourned tomeet at y NJ,
h.. !:;,fi: 3 SEVENTH DAY. y5s,.ssss-c&s.
| "WEDNESDAY, January 22-The convention Was
called to order at 70 N. Prayer by E. l. Cardo,
"a, colored, of Charleston.
The chair announced that the first business In
order wasreports from Standing Committees.
CONTRACTS BASED ON SLAVES. ,l.,y,,
| G. G. Bowen, from the committee on the Judi.
ciary, to whom was referred resolution in regard
to contracts, the consideration for which was the
sale of slaves, reported an ordinance : First All
contracts whether under seal or not the consider.
Il = l. - ~.
void and of no effect. Second. No suit at law OF
equity shall be commenced or prosecuted on such
contracts and proceedings for the satisfaction and
payment of DEGREES which have been recorded, en-
tered or enrolled, are hereby prohibited. Third.
All orders with reference to such contracts which
may at any time have been made in any court Of
this State, either of law or equity, whereby any
property is held subject to decision as to the va
lidty of such contracts, are also hereby declared
null and void and of no effect
The President stated that in his opinion the
term ordinance" Is synonymous with "bill, as
used in the legislature, and according to the rules
of the House Of Representatives, which had been
adopted for the guidance of the convention, no bill
He therefore decided that the ordinance had been
read the first time. .-. .f|
| The President also requested the convention to
appeal from any decisions of the chair with which
they might not agree, and thus assume the respon-
siblity Of the same.
PENrTENTIARY AFFAIRS. fsts
| G. @. Bowen, white, from the Committee on the
judiciary, to whom was referred resolution ap-
pointing a committee of five to investigate affairs
In the penitentiary reported that they had had the
same under consideration, and were Of opinion that
the subject matter is beyond the jurisdiction of the
convention, that institution being under the con-
troll of the provisional authorities of the State, and
the supervision of the Commanding General. They
therefore recommend that it be referred to Major
General Candy, with the request that the case re-
ceiye from him the necessary investigation.
JURORS. ..--s.. ..a
G. c. Bowen, from the same committee to whom
had been referred resolution relating to Jurors,
reported it back with the recommendation that il
be referred to the Committee on Legislative Pro
visions of the Constitution. Not adopted.
FINANCES.
N. G. Parker, white, from the Committse on
Finance, reported that they had under considera.
being In correspondence with Governor Orr and
General Candy, desired further time. Further
time was granted.
THE SUPREME COURT. s.
j. K. Jilson, white, of Kershaw, offered res
olution to reorganize the Supreme and such In
ferior Courts as the legislature may establish. Il
provides for the election of the Judges by the two
houses of the legislature in "grand committee; ~
each Judge to hold his Office until it is declared va
cant by act of the General Assembly; and provide.
further as to the manner in which vacancies are Il
be filed when they occur from any cause &c
Referred to the Committee on the judiciary.
THE SPECIAL ORDER.
The hour having arrived for the consideration