The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1868-05-13

gress could authorize the trial of {
citizen byea military court; The
trainers IF this Constitution die
! not intendto leave the Legislative
| power doubtful in this particular
| "sec. 2s-Clearly and distinct
7 ly empowers and authorizes the
Legislature to keep up and main
tain a standing; army in time Of
peace! This alarming power il
j, given, too, most, adroitly, under
1.-The pretence, that armies being
dangerous to liberty, ought not tc
be maintained -.in time of peace
! without the consent of the Gene.
raj Assembly, The purpose Of
this section is to enable the Leg.
Fislature to keep up a regular force
Of FIVE or ten thousand negro sol,
kdieesS to- suppress and keep in
tsabjeetieR the white race, after
tile United States forces are re,
moV ed.tron South rCarofina1 The
fsTonstitation Of the United States
ESPECIALLY prohibits any State
Keeping troops q. ships Of. war in
fine of peace, But this Consti-
tuition declares # may be done
With the consent; Of the heggisla:
tureI, : --.s7.;;. s7.;>-.;ss's , > -.
! as asesc. 2 of i Art, -pro7ides
that the, Jndges ,ofsthe Supreme
Court shall be elected for six years,
and section e, Of the, same article
.or,laies that Circuit judges shall
hold their office for Is a term Of four
gears. zTElsiss destroys the 1Hde-
pendeneo of the Judiciary and
makes. them political partisaes,
with tallsthe temptations aud eor:
suptions Of politicians, In order:
to secure atheis- reelection, they
must become s1bservieut to the.
Legislature, bEwhom theylare to,
be se-eaeeset Eass sif not dare
to decide am Act of. the Legisla-,
.taGe Rncon constitHtieaaa, -iser. viii
they venture to oppose their Ju-
idllfciaT opinions TO any popular
current which. may be sweeping
overtFfe State: Whilst the Judges
of England were in commission,
during the pleasure, Of the Crown,
they were always Il tsrant's men
iats: Heretofore the Judiciary ,ot:
this State elected for 1ftey : haze,
always been aba1e Fr'eproath, <afa,
.thclr :ermine never been >sai.
He'd: with a 4stain3ef suspicion,
Heneeforth fhe Judiciarssef seutlr
Carolina Will be corrupt and sub
:servient. 225.e-:s. =. .,.lAS s~'2 :, :
: : See 22-Gives Justices Of the
Peace Jurisdiction IN cases of las
tardy and all contracts and torts
as high as $780, This. viii open
the feod-gates :of litigation and
keep the, people, in constant ex-
-citehent and commetion.. Petit
6ggers will spring up adj over the
State to disturb the peace. and
quiet Of fhs community: :Iggno=
rance and prejudice will be sitting
ia jadgmentson the rights and: lib
critics. of.the people: -. r = =
., Sec. 26-Denies the: Judges the
right Of charging juries in respect
to matters of facts4 In most Ca
.ses tried incur eoarts; it is abso-
lutely necessary, for the Judge to
analsze the facts In order for the
juries to- properly understand
them and give q correct verdict:
This viii be more imperative
hereafter, when our former slaves
shall be sitting on these iuries. IN
a complicated civel case, before a
stupid ignorant jury, under this
Frestriction, the trial by jury will
be a moekery Of jnstiee.
"Sec. 33-Takes from the Leg
islature all discretion as to the
adoption Of the proposed amend
unent of the Federal Constitution,
disfranehising the people of South
Carolina. This amendment, re-
pudiated by. Ohio, California, New
Jersey and even Massachusetts,,
was submitted by Congress to tine
several State Legislatures for
their adoption or rejection, as 10