The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1868-05-16

leaycthe legislatiye power doubtfal in this par

:
leave the legislative power doubtful in this par
ticular. :; d, 81 S s. ..:.,.,.s IS,
CSC. 2S-Clcarly und distinctly empowers
and authorizes the Legislature to- keep up aud
maintain a standing army int time nof peace !!
Thisaalarpiingi power is given toos most adroit-
lys under the pretence, tllat armies being dam
gofous to- liberty, ought not to be- maintained
in time. of peace without tho consent of the
General Assembly 4 The purpose of this Sec
tien ih to enable the Legislature to keep up d
regular force of fiyeto ten thousand negro SOL
diers, 70 suppress, aud keep in subjection the
white race, nftcr the United States forces ,arc'
removed from South Carolina The Constit,,-
tion of tho United States especially prohibits
any State keeping troops or ships of war in
time Of peace, But this Constitution declares
itSmay be ,donc with tho consent OF the Legs-
laturc! a; ~
"SEC. 2 of ART. 4.-provides. that the
Judges of the Supreme Court shall be elected
for sixsyears and section 1S Of the same ar
ticlc tordains that Circuit Judges shnll hold
their Office for "a term of four years This
destroys the independence of the Judiciary.
and makes them political partisads, with NIL the
temptations aud corruptions of politicians. In
rdertosecurc thcirre election, they must become
subscrvicnt to the Legislature, by whom they
are stob be reelected. They will not dare to
decide an Act o!l the Legislature unconstitu-
tional, nor will they venture to oppose their
|judicial opinions to any popular current which
may b sweeping over tho State. Whilst the
Judges Of England were in commission during
the pleasure of the Crown, they were always. a,
tyrant' Is ,ncnials. Heretofore the Judiciary of
this State, elected for l;fc, have always been
above rcproach, and .huir #crnlihc has never
been sullied with a stain'of suspicion. Hence,
forth the judiciary of South Carolina will be
kcorfiipt subscryient.
22-4G ives 81 usticc soss the Peace ju-j
risdiGsiol in cases bastardy and all contracts
and fort high ns sl 00. This viii open tho
food tsa atcs of litigation and keep tile people
III conststnt ex xcitencnt mud commo ION rcsti-i
sss|s " sssF !lss Isl dis
md eiadise 81 strong ID judgz
Mcnt on the rights and liberties of the peo-
pie.
CSC, 26-Denies the Judges the right of
chargin; jurics in respect to matters of facts
In most cases tried i'll oar Courts it is absolute
ly necessary for the Judge to analyzc the facts
in order for the jurcs to properly understand
them, and give correct verdict. This will be
more imperative hereafter, when our former
slaves. shall be sitting on these jurics. In n
complicated civil case, bcfo stupid ignorant
jury under this restriction, the trial by jury
viii be mockcry of justice.
'SEc, 33-1akes from the Legislature all
discretion us to the adoption of the proposed
amendment of the Federal Constitution, dis
tranchlsing the peuplc of South Carolina.
This amendment rcpudiatcd by Ohio, Culifor-
mia, New Jersey and even Massachusetts was
submitted by Congress to the several Stutc
Legislatures for their adoption or rejection, US
to them should seem proper. They were to
judge of its merits aud decide for themselves
Bui this section swcars them before hand to
adopt it, whether wisc or unwise, just or ull-
just!
'SEc. 24-Dcclares null and void all con-
tracts for tho purchase of slaves in violation of
the Constitution Of the United States, which
declares that no State shall pass any law i'm
pairing the obligation of contracts This sec
| tioh was intended as n fraud aud deception, q
bribc to induce the people, owihg such debts,
to vote for the Constitution. 1t lsa nulity,
and will be so declared by the Federal Courts
But this will be after the cheat has had its
effects and accomplished its purpose.
'sSEc. 2 Of ART. S--Entranchiscs every
male negro over the ago of twenty one whether
convict, folon or paupor, and DISTINGUISHES
every white man who had held office in South
Carolina Intelligence virtue and patriotism,
arc to give place, in all elections, to ignorance,
stupidity and vice. The superior race is to be
made subscrvicnt to the inferior. Taxation
and representation are 10 longer to be united.
They who own 10 property are to levy taxes,
and mako all appropriations. The property
holders have to pay their taxes, without having
amy voice i'll leyyng them. The consequences
will be, in effect, contiscation. The appropriu-
lions to support free schools for the education
of negro children, for the support Of old nc
grocs in tho poor houses, and the vicious in
jails aud pcntentiary together with standing