The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-05-06

AGAINST TIE CONSTITUTION .OF THE LATE CON
y YENTIQN@ OF THAT STATEs NOW SUBMITTED m ,'
Ito CONGRESS FOR RATIFICATION. 5lr@ad e., 4.
81 - PSI tyl.4-t -tes Zff rsHrs auttt
To the Honorable the Senate House of Representatives Of he
Unaed States, ,Congre$s aasep,bed: e. d
The undersigned shewet Constitution fraug
with evil to the State and all classes people thereof
to be submitted your honorable body for ratification
your honorable body shall upon the seal Of your
approval and thus upon proud people
great and repaable wrong respectfully ask hearing your
hands whilst with due responsibility God and to
truth submit for consideration the grave objections
may be urged against proposed for this State
And first permit before honorable body following
analysis OF the said Constitution prepared by the Perry
of tins Statea able lawyer and lifelong
oupoken Union AS opposed notification and sece
sion wi perhaps not regard him whose
Constitution apt be pevaded that spirit which
many members OF honorable body might deem sufficient
prejudice paper manatng Carolina Mr. Perry
thus states the most objections be urged against
Constitution of the Reconstruction Convention State:
ARTICLE IsEcT4oN 19-of the Declaration Rights gives
which the punishment does not exceed fine of $1oo
%fPt baos IF Of % days This of that boast and
arrested and tried smmary before Justice Peace or
Indictment intervention of jury Can anything be
more dspoc alarming than the power ignornt
c Legislature to authorize and empower any,
% The consion Of h e 81 init fsss States
o sas oasda she Of pson OF the writ Of I
Sa[ time o peace may be suspended by worthless mnon
General Assembly to subject any one to
martial law to the pains and penalties of law whenever
they think proper This infamous is given the Legislature
aer the gse too OF protecting personal rights It
nave been suggested by the minority of the Supreme Courts dis
sentng opinion gans They held that Congress- could
authorize the trial of citizen military court The trainers
this Constitution oIror
doubtful in this particular. \ r0
SEC 2SClearly and distinctly authorizes the
Legislature to keep and maintain standing army
peace! lhs alarming power given too most adro
that armies being liberty
Assembly, The purpose this enable the Legislature
to keep regular force of five thousand soldiers to
States forces removed from South Cardinal Constitution
OF the United States especially keeping troops
OF sh OF war IN time of But this
may be done with the consent of the Legislature
OF ART 4Provdes that Judges the Supreme Court
h be elected Tor and article or
dams that Circuit Judges shall hold office for term of four
years This destroys the independence Judiciary and
makes them political pnrzans all the foundations and cor
hons OF politicians In order eeecon thew must
become usevent to the Legislature whom thew are to be re-
elected They will not dare an Act of the Legislature
opinions popular which may sweeping over the
State Whilst the Judges of England commission during
the pleasure of the Crown they always tyants menas
Heretofore the judiciary of this State fe have always
above their
OF suspicion Henceforh the South Carolina
will be corrupt and subservent.
SEC 22Gves Justices of the Peace jurisdiction in cases of
open the flood gates of litigation and keep the people constant
excitement and commoion Petfoggers will spring up all over
the State to disturb the peace quiet community Ipno
and prejudice sitting Judgment on the RIGHTS and
liberties OF the people.
Ec 26Denies the Judges the charging ures in respect
to matters OF facts In mos! tried
soutey for the Judge
Tins will be imperative slaves
shall be sitting these jues In complicated case before
stupid ignorant jury restriction the trial by ury will
be a mockery of justice
T,eois]o oil