The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1868-02-12
The Proposed Constitution.


contain the "Declaration Of Rights and
form of Government as the Constitution
of the commonwealth of South Carolina, y
reported by various Committees in the
Convention on the preceding day. As
there is likely to be an extended discus
sion of its merits, and many changes and
notifications inserted, we can only pre-
sent the following synopsis of these
lengthy documents, copied from the
Charleston NeacS:
The existing Constitution of the State
lis proposed to be materially changed,
both as regards matter and arrangement.
First, it is set forth that sail mcnare born
free and equal" second, that slavery shall
not hereafter exist; third, that power is
vested in aud deprived only from the ,co-
pie fourth, that the doctrine of States
rights is forever dead and buried; fifth.
that under no pretcxt shall another at
tempt be made to dissolve the Union and,
sixth, that all citizens shall possess equal
civil and political rights. Hereafter no
person shall be imprisoned for debt. and
homestead shall be exempted from
seizure or sale. Private and corporate
property is to be inviolate, yet laws may
be made securing right of way over lands
Of either persons or corporations for pur-
poses Of internal Improvement, but a just
compensation in all cases, is first to be
made to the owners. 1t is provided that
the power of suspending the laws ought
never TO be exercised, save by the Lcgs-
laturc, or the authority derived from it.
Neither the Legislative, executive nor ju
dcial department of the Government,
shall in amy wise trench upon the tunc
tions and powers of the others Any in
dvidual who shall fight Il duel or send or
accept challenge, or is in any way con-
cerncd in fighting a duel. is prescribed
from holding any Office OF honor or trust
in the State. besides making him liable to
such other punishment as the law may
prescribe.
No property qualification shall be ne
ccssary foy an election to or the holding
of any Office No Office is to be created.
the appointment to which shall be for Il
longer time than during good behavior
All navigahle streams are 20 be public
highways. free tothc citizens of the United
States, without any imposition Of tax or
toll. and no owner of Il wharf. erected On
the shores Of navigabIc stream. is per-
mttcd to chirge for the use of said wharf
unless eXprcssj y authorized TO do so by
the Legislature.
The judicial power is vested in Sn-
prcme Court. in two Circuit Courts-to
wit Court of Common Pleas having
civil Jurisdiction, and Court of General
Sessions having criminal Jurisdiction o,
ly-and in District and Probate Courts
and Justices of the Peace. The Supreme
Court is to consist Of .irec judges. WHO
are to bc elected by the General Assem-
bly, for the term o! six years, and so clas-
sificd that one of the judges shall go out
of office every two years the judge hold
inc the shortest term OF Office under this
classification to he the Chief Justice du
ring his term of Office. 1t provides for
filing all vacancies that may occur, the
circmils which each Judge shall occupy,
and thc jurisdiction which each Judge
shall exercise. The circuit Judge is to be
elected by the people OF his circuit. and
shall hold Office for the term of four years.
The Courts OF Common Pleas arc 10 sit
in each judicial district ut least twice Il
year and TO have full jurisdiction in all
matters of equity. But the courts now
established for that purpose shall continue
as at present organized until january l.,
1869. ior the disposition Of causes pending
therein. The Court Of General Sessions
shall sit at least three times q year for
| 81 ,.1 nhn oil in
by the people of each judicial district Of
three persons who shall constitute Dis
trict Court which shall have full jurisdc-
ton over roads, highways ferries, bridges,
and all matters relating to taxes, and the
local concerns of the District. y Court
of Probate is also to be established in
each District, and the people are to elect
justices of the peace and constables, who
may hold office for the term OF two years.
No person who has arrived at the age OF
seventy can be elected or continued in OF
flee as a Judge, and no Judge shall charge
uries in respect to matters OF fact, but
may state the testimony and declare the
law. Necessary provisions arc made for
the election of clerks of courts, an attor-
ncy-gcncral, one solicitor OF each circuit,
shcriffs. coroncrs and district surveyors.
The entire legal machinery of the State,
with but few exceptions, is to be created
bv votes Of the people.
1t is provided that the General Assem-,
bly shall revise the civil and criminal
laws of the State and form u penal code,
and that this operation shall be repeated
cver;' ten years The form Of pleading is
to be made uniform, ai.d the practc re-
viscd and simplticd. Tho Governor, is
connected with two-thirds of each house
of the General Assembly, may remove
any executive or judicial officer ior vii
full neglect of duty. The House Of Rep
rcsnntaiiycS is vested with tho sole pOMer