The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-02-06
CIVIL GOVERNMENT.
A DECLARATION OF RIGHTS
REMARKABLE DOCUMENT.

We Law before our readers This morning ono
of The most curious documents ever presented
to % Legislative body in South Carolina, report
ed Yesterday in the Convention by the Commit
tee on the Bill of Rights, and technically de
scribed To be Declaration of Rights and
Form of Government as the Constitution o1
the Commonwealth of South Carolina"
Tt will be observed that the existing consti-
tuition Of the State is proposed to be materially
changed, both as regards mstter and arrange
mont. The several sections constitute series
of moral and political axioms on which, it is
Or resumed the future fabric Of legislation in
South Carolina is expected to be erected. First,
it is set forth that "all men are born fee and
equal;" second, that slavery shall not hereafter
exist; third, that power is vested in and de-
rived only from the people; fourth, that the doc
tr:ne of States rights is forever dead and
buried; fifth, that under no pretext shall an
other attempt be made to dissolve the Union;
and, sixth, that all citizens shall possess equal
civil and political rights.
Then follows series Of provisions descrip-
tive of the rights and public privileges of per-
SONS. Among these provisions, it will be no
ticed that hereafter no person shall be impris-
ooed for debt, and that o 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
o.. either persons or corporations for purposes
Of internal improvement, but a just compensa-
Eon. in all cases, is first to be made TO the
owners.
Whoever prepared the document before US
has evidently had keen eye to the probabilities
cf future stay-laws for, in section rs, it is ex-
Iressly provided that the power of suspending
the laws ought never to be exercised save by
the legislature, or the authority derived
from it. Care is taken also that neither the
legislative, nor the executive, nor the Judicial
department Of the government, shall in any
wise trench upon the functions and powers OF
the others. Another provision, which would
materially change the habits and customs Of
our people, is that which prevents any individ-
ual who shall fight duel, or send or accept q
challenge, or is in any way concerned in fight
ing duel, from holding any Office Of honor or
trust in the State, besides making him liable to
such other punishment as the Law may pre-
scribe.
One of the worst features OF the proposed
constitution is, perhaps, the clause which pro-
vides that no property qualification shall be
necessary for an election to or the holding OF
any Office. In the present condition OF affairs,
if this provision be adopted, and carried into
effect the organization Of the government will
be 30 essentially democratic that in the wild
rush for Office that will be made by persons OF
all classes, for at least the next two or three
years, many positions OF trust and honor may
be filed by individuals unidentified with the
interests OF the State, whose only claim upon
the suffrages of the people is mere legalized
residence.
The evil influence of bribery, tumult and
improper conduct in elections is guarded
against; and no Office is to be created, the ap-
pointment to which shall be for longer
time than during good behavior. All naviga-
BILE streams are to be public highways, free to
the citizens Of the United States, without any
imposition of tax or toll, and no owner of
wharf, erected on the shores OF navigablo
stream, is permitted to charge for the use Of
the said wharf, unless expressly authorized to
do 30 BY the legislature.
II is but truth to say that the document
from which We have quoted bears upon its
face tho evidence Of careful compilation, and,
after perusing it, no one will gainsay the re-
mark that it's several propositions are clearly
and succinctly stated.
THE JUDICIAL DEPARTMENT.
This article of the constitution, if adopted ac-
cording to the text published below, will affect
grave changes in the judiciary of the State.
The judicial power is vested in Supreme
Court, in two Circuit Courts-to wit: a'Court
of Common Pleas having civil jurisdiction, and
Court of General Sessions having criminal ju-
risdiction only-and in District and Probate
Courts and.Justices of the Peace. The Su-
preme Court is to consist OF three judges, who
are to be elected by the General Assembly for
the term Of six years, and so classified that
one Of the judges shall go out OF Office every
two years, hejadge holding the shortest term
of Office under this classification to bo the
Chief Justice during his term OF Office.
The article provides in very clear manner
for filing all vacancies that may occur, the cir-
cults which each judge shall occupy, and the
Jurisdiction which each judge shall exercise.
The circuit Judge is to be elected by the people
OF his circuit, and shall hold Office tor tho term
of four years. The Courts of Common Pleas
are to sit in each judicial district at least twice
a year, and To have full jurisdiction in all mat
ters of equity. But tic courts nov established
for that purpose shall continue rs at present
organized until January l, 1869, for tho dispo-
sition Of causes pending theroin. Tho Court
OF General Sessions shall sit at least three
times year for the trial CT criminal Causes. A
yery important change is embodied in section
81, which provides for tho election by the peo,,,
pie of each judicial district OF threo persons who
shall constitute district court, which shall
have full jurisdiction over roads, highways,
ferries. bridges, and all matters relating to
taxes. and the local concerns OF the district.
Court of Probate is also to be established in
oach district, and the people are to elect JUS
tices of the peace and constables, who may
hold Office for the term of two years. No per-
son who has arrived at the age Of seventy can
be elected Or continued in Office as judge, and
no Judge shall charge juries in respect to mat
ters of fact, but may stale the testimony and
declare the law Necessary provisions are also
made for the election Of clerks of courts, IN