OCR Interpretation


The Newberry herald. (Newberry, S.C.) 1865-1884, October 04, 1865, Image 1

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VOLMI. NFOR STXW .
mo;TS,IN ADVA-NCV.j.fi&e~f ~2~OJ ~4I~fe1eQe
-VOLUME L.- NEWBERPUrg S. C.. WENDNESDAY, OCT. 4,385'' UB~-L
T HE- [E RA LY
W PUBISA,ED EVERY WEDNESDAY,
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TI CONSTITUTION
OF THE
SrATE OF SOUTH CAROLINA,
$EPTEM -R 27 1865.
e,the puple of. the State of South Caroli
n,, by our .DdVgates in 4oncentiop met, do
orda and etabiA- this Contituiton for
-!t -,xernment qf the saiStWte:
ARTICLE I.
Sec. 1. The Legislative authority of this
State aall be vested in a General Assembly,
whirhall consist of 4 Senate and a House
of Representatives.
Sec. 2. The llouse of Representatives shall
be composed of Mebe rs chosen by- ballot,
;eery second year. by the citizens of this
State, qualified as in this Gonstitution is pro
vided.
Sec. 3. EachJudivial Distrit in the State
shaf conTitute one Electian Dttrict, except
4.arleston T)ijrijt. which shaill be divided
into two Eection Disticts, one consisting of
1he'late Pajishe- f St. Philip;and St. Mich
tw,to be di 44tedhe Eection -Di.strict of
Chrteston; 'the other egnsisting of al1 that
ASart oF- the JfldicL1 Difdict, which is without
the limits of the said Pari -hes, to be known
as the FEectn Dislriet of Berkeley.
Sec. 4. Tke boundriesof theseyera Judi
Ptikrieion irts shall -remain as
t e.tnr stahiishedl
it Y epreeative yhail
posi.4 ene hur4red and twenty-fo'W ieni
e r* -4*ppi ined iamong the several
f.Aectini lsteicts of the State, ;ecording to
Vh04*:w ;&f w"hite inhal,itants contained in
Sicij40saaNint iW all taxes rai,ed V
hGy f-lit ther direc o in
.diect, r:f'atever species pSid in ench,
-Cduc(uing thenfiom :tl tses-paid f1on account
fr t hed iaf a other District, and
-ud;ing j.here?o 4I taxes i-lse" ly re paid on ac
#rnt of prooetty hhIJ inuh District. An
uimeuratiJn of the- white' inhabits, for
ai. puposet, was made in the-year one thou
u~j;d tight hur'Jred and fifty-nine, anad shaIll
he ade i the course of' every tenth year
4 e:a&ery in such manner as shalI he, by ~w.
'irected; anid Representatives.she.ll be assign
Sto he different l)istiiets in the aboge-tnen
'tioned propo iv by Acet of the Gerveral As.
isembly at the session immediately succeeding
everg 'enumeration: Provided, that unrtii the
--appordooiet, l14eh shal[-be made uponi the
nexteidmertiorg shall take effect, the repre
sentatiomof- the several Election Districts, as
.herein constituted, shall eintinue as assigned
- t the:bat apiportionment, each DistrictL which
~har been heretofQre divided-into smaller D)is
e~its, Icerk s Parishes, hav ig the aggre
gte. uiuber of Represeotatives which the
Parishes%beretofore embraced within its hits
ha' had ince t)bit apportiohiment, the Re
u~~ztative to' whichthe,Parish of All Saints
- ais beesE hereofre entitled, beieg, duaing
his titerval, assigned& Ht,orry Election Dis
trict.
Sec6. It the enumeration herein direced
~hail not bw6 made' in -the .course of the year
- ppoingeigfor the popoe it shall be the duty
ofsthei0Goernor to have it. effected as soon
tle.tras shall be practicable.
Sec. Tn.assigning Representatives to the
evra}Tstrts, Ihe General Assembly shall
allow in Representative for every sixty-sec
end part ofthe whole number of white ini,iab
itants in .the State, and one Representative
also ter every sixty-second part of the whole
tazes aised by the General Asiembly. There
shall be further allowed one Representative
for socifractions of the sixty-second part of
the whitnhabitants, and of the sixty-second
part of the taxe3, as. when addled .together
fora Duit.
Sec. 8. All taxes~ upongproperty, real or
personal, shall be lg,id upon the, actual value
of the property taied; as the same shall be
ascithifledi)by an assessment-inade for the
puarpose of laying such tax. In tbe first ap
.prtionuent which shall be made under this
Oonstitution, dhe amount of taxes shall be es
timated from the average of the two years
next preceding such apportionmient ; but in
every subsequent appertionment, from the
average of the ten years then next preceding.
See. 9. If, in the apportionment of Repre
eenaties,any Election'District .shallap.r
not to be entitled, from its population and its
taxes, to a Representative, such election Dis
trict shall.nevertheless send one Representa
tive ; and, if there be still a deficiency of the
number of Representatives required by sec
tion.fifth, such deficiency shall be supplied by
usigning Representatives to those Election
Districts having the &rgest serplus fractions,
whether those fractions consist of a combinia
tion of population and taxes, or of popu'ation~
or taxes separately, until. the number, of one
a u-1dr actenty-four Members be ma~de
up; Provided, however, that nqt snore than
twelve Representatives shall, in any appor
tionment, be assigned4to any one Election Dis
trict.
Sec. 10.- No apportionment of Representa
tives shall bconstrued to take effect, in any
manner, untiN the general election which shall
succeed such apportionment.
Sec411. TboSenate shall be composed of
one member from each Election District, ex
cept the Election District of Charleston, to
wilich shall be allowed tw9 Senators.
Sec. 12. Upon the meeting of the first
General Assembly, which slhall be chosen un
der the provisions of this Constitution, the
Senators shall be divided, *by lot, into two
classes; the seats of the Senators of the one
class to be vacated at the. expir'tion of two
yea;s after the Monday following the genera
election,-and of those of the other clab at the
expiration of four years; a4d the number of
these classes shall be ao proportioned tfiat
one half of the ihole number of Senators may,
as nearly as possible, continue to be chosen
thereaf*r everi second year.
Sec. 13 No person shall be eligible to, or
take or retain, a seat in the House of Repre
sentitives, unless he be a free white man,who
bath attained the age of twenty-one years,
bath been a citizen and resident of this State
three years next preceding the day of elec
tion, and hoth been, or the last six njonths
of this time, 'nd shall -continiu, a resident of
the District ayhich he'is to represent.
Sec. 14. No person shill be -eligiblc to, or
take -or retain,. a seat in the Sen ite, un
less he is a free white man, who bath attained
the age of thirty years, hath been a itizen
and resident of this State five years next pre
ceding the day of-election, and hath been, for
the last six months of this time, and shalf con
tinue to be, a residen.t of the District whigh
he is to represent.
See. J5.,. Senators and Mebers of the
House of Representatiwes shall be chosen at a
generaI election on the third Wednesday in
October, in the present year, and on the same
iay in every second year th, aVr, in such
manner, ant for such terms of office; as are
herein directed. Thev shall meet 6n the
fourth Monday in Novemib r, annu:!y at Co
iuubia', (which shall rem:iin the seat of Gov
ernment, -until otherwise determined by
the concurrcae '' to thirds of both
franches of the whole representation,) un
Iess.tho casualties of war or rontagious di
orders shall render it unsafe to met t there ;
irr either of which eases, the Governor or
ICOmnsder in-chief, for the time being, may,
by proclunation, app.int'a ipore secure vnd
convenient place of i'eeting.
Sec. 16. The terms of offic~e of the Senators
anRld Ropresentatis es, chosen ,at a 'ggneral
election, shall begin!on the IMonday folHowing
such elettion. . *
Sec~. 17. Each House shall j:;lge of the>
elections, returns and gn difications of its own~
Members ; andl a majos ity of each House
shall constitute a qurTm tn do bu.,iness ; but
a smaller number may agiourn from day to
day1 and mny te aMthorized tb g-ompel the'at-!
tendance of%bhsent Memtbeis, in such manner,
and under such penalties, asimay be provided
by law'.
Sec. 18. Each IHotise -shall choose its own
of8ieers, determines its rules of proceedling,
punish its Members for disorderly behavior,
and, with the concurrence of two thirds, ex
pel *f~tnmber, but 'not a seco'nd timec for the
samebause
Sec. ,19, Eachi house may punish, by ir#
prisonment, de:Ing its .sitting, any person,
not a member, who shall be guilty of disre
spect~to the House by any dis->rder-ly or con
teiaptuous behavior in its presence; or*who,
diing the time of its sitting, shall threaten
harm to body or estate of any Membe'r for
anything said or done in eithier Uouse, or w~ao
hall assault -any <.f them therefor, or whgo
shall assault or arrest any witness or c tffer
person ordered to attend the House, in his
going thereto, or returning therefrom, or who
sball rescue any rerson arrested by order of
the House.
See. 20. The members of both Houses shall
be protected in t$eir persons and estates dur
,in their attendance o'n, going to, and re
turning from, the Genvral Assembly, and
ten days previous!o the sitting, and ten d-iys
after the adjournment thereof. But these
privileges shall. not be.ex'tended so as to plo
tect any M!ember who shall *be charged withI
treasoD, felony or breach of the peace.
-Sec. 21. Bills, for raisinig -a revenue s'hall
origiate in-ethe House of Repyesentatives,but
may be alteret ameided or-rejecterd by- bly
Senate; and all other bills may.. originate in
either House, and' may ,be amended, altered
or rejec'tpd by the other*?
Sect 22. Every Aeror 11esoution having
the force of law shall relate to but one sub
ject, and that shall be expressed in the title.
Sec. 23. No bill shall hare the force of law
until it shall have been read tirree times, and
on three sev'eral days, ini' each Hoise, has had
the seal of t,he State alhxed to it, and has,
been signed in the Senate I louse by the Pres
ident of the $enate and the Speaker of the
House>of Representatives.
Sec. )4.No money shinJl he dra~wn out of
the Public Treasury but by the legislative
authority of the State.
Sec. 25. Tn ~all eldtions by the General
Assembly, or either HIousQ thereof, the mem
bers shall vote "rict voce", and--their vote
thus gIren, shall be entered upon the journals
of the House. to ivhich they res)ectively be-.
long. * ".
-.hme M.abrs of thr General As
sembly, who shall meet-under this Corkstitti
tion, shall be entitled to receive out of the
Pubic Treasury, for their expenses during
t1leir attendance on, going to and rotnrning
frMbm the General Asqenbly, fire dollars foi
each day's attendance, and twenty*cents foi
every mile of the ordinary route of tra*1 be
twen the residence of the Member44th<
capitol or other place of sitting 6f the Genera
Assembly, both going. ahd returning; ani
the same may. be increased or diriished by
law, if circumstances -shall require ; but n<
alteration shall be made tQ take effect during
the existence of the General Assembly which
sli 1l make such alteration.
Sec. 27. Neither House, during the session
of the General Assembly, shall, without the
sonsent of the other, adjourn for more than
three day, nor to any other ph'ace than that
iq wl'ich he Assembly shall be, at the.Uime,
'sitting.
Sec. 28. No_ person shall be el'gible to a
seat in the G%neral Assembly whilst he holds
any office of profit or trust under this State,
the United States of America,or any of them,
or under any other power, except officers in
t,he mUitia, army or navy of this State, Mag
istrates or Jastices of Inferior Courts, V1hile
such -Justices receive no salaries; nor shall
a'ny contractor of the army or nvy of this
State, the United States.of America, or any
of them, or .be agents of such contractor, be
eligible to a seat in either Nouse. And if any
Menbcr shall accept or exercise any of the
said disqualif) ing officeq he shall vacate his
seat.
Sec. 29. If apy Election District shall ne
glect to choose a member or members on the
day of elcctio,,6r if any person chosen a
membei of either House shA! refuse to quali
fy and take his seat, or shall resign, die, de
part the State, accept any disqualifying office,
.or become otherwise 'isqualified t hold his
0e'at, a writ of election sh&l1 be issued by the
President of the Senate or Speaker of the
House of Rvpresentatives, as the case may be,
for the purpose of filling the vacancy thereby
occasioned, for th'e remainder of the term for
which the person so refusing to qualify, re
signing, dying, departing the State, or be
coming disqualiied, was blected to serve, or
the defaulting Election Diitrict ought to have
chosen a member or metnbers.
Sec. 30. And vrhereas the ministers of
the Gospel are, by their profession, dedicated
to the service of God and the cure of souls,
and ought notto be diverted from the great
duties of their functions; thetefor,.Ao airs
ter of the Gospel or public preacher if an
religious persuas,iohl, whilst he continues a
the exercise of his pAst6ral functions, shall
be eligible to the office of Go'vernor, Lieuten
ant-(overnor, or to. a seat -in the Senate or
Hlouse of Representatives.
. ARTICLERII
Sec. 1.. Thd Executive authority of
this Statashall be vested in a Chief Magis
trate, who shall be styled, The Governor of
the State of Sonth Carolina. -
Sec. 2. The- Gwernr~ shall be elected
by the electors duly qualified to vote for the
members of the House of .Representatives,
and shall hold his office fo'' four years, and
~un til his succes'sor shall be chosen and, quali
fied; but the same person. shall not be~ Gov
ernor for two consecutive termse.
Sec. 3. No person shall be eligibTe to
the office of Governor, unless heghiatha attained
the tge of thirty years, and hath been a ejti
zen and resident of this State for the ten
years next preceding the day of election.
And no person shall hold:the office of Gover
nor, and any other office or commissionr- civil
or military, (exdept in the militia,) under this
State or the United States, or any .of them, or
any other power, at one and the same, time.
Sec. 4 The returns of every election of Gov
ernor shall be scaled up by the Managers of
Elections in their respective Districts, and
transmitted, by a messenger chosen by them,
to the seat of Governmenti directed to the
the Spcakcr of the (Iouse of Representatives,
at the next .ensuing session of the General
assembly, during tbe first. " eek of which ses
sion t'he Speaker shall open and pub}ish them
in the presence of both Houses -of 'the -Gene
ral Assembly.- The person havingthe high
est-number of fotes.shall be 0gvernor; but ii
two or more shall be egnal and highest in
votes, the General Assembyrshall, during the
same session, in' the 'Iouse of R6presenta
t'cs,'choose one of them'~Governor rica 'roce.
Cntested eldctiorfs fer Governor s'hall be de
termined by the General Assembly in such
manner as shall be pres'cribed by law.
Sec. 5. A Lieutenant-Governor shall bc
chosen a the same time, in the same manner,
continue in office for the same period, and be
possessed of the same qualifications as the
Governor, and shall ex offcio be President ol
the Senate. '
*Sec. 0. Thg Lieutenant-Go.vernor, acting as
president of the Senate, shall have no vote,
u.ness the Senate he equally diVided.
Sec.7T. The Senate shall choose a President
pro tempore to act in the absence of the Lietu
ten tT~ vernlor, or when he shall exercise
the o of Governo.r.
Exc. 8. A member of the Senate aor of the
HI'use df Representatives. being chosen ani
acting as Governor or Lieutenant-GoverumO
call ther-eupon vacate-his seat, and anothei
person shall be elected in his stead.
Soc. 9. In case of the impeachment of the
Governoir or his removal from office, death
resignton,disqualification,disability or r.emo
val from thc State, the Lieutenant-Gover,noi
sa.,n <uce- t i ofime. an'?in enee of th<
impeachment of the Lieutenant-Governor or
his removal from office, death, resignation,
disqualification; disability or removal from the
State, the President pro ternpore of the Serr
ate shall succeed to his office ; Ind when the
pffice,of the Governor, Lieutenant Governor
and -President p2Ko tempore of the Senate shall
become vacnt in the recess of'the Siate,
the Secretary of State,.for the time being,
shall, by proclama'ion; convene the Senate,
that a President pro tempore may be chosen
to exercise the office of Governortortt:e un
fkpired term.
8cc. 10. The Governor. shll be Command
er-in-Chief*of the Army and Nary of this
Statelind of the Inilitia, except when they
shall be called into the actual service of the
United 9tatV.
Sec. 11. He shall have power to g'ant - re
prieves and pardons after conviction, (except
in cases of irnpeachment,) in such manner, on
such terms and L..der such restrictions as he
shall think proper, and he shall have power to
re;nit fines and forfeitures, unless othern ise
directed by law. Tt shall be his duty th re
,or4 to; the General Assembly at the next
.,regular session thereafter oi pardons granted
by him, with a full statement of tach case
and the rcsons moving him thereunto.
Sec. 12. He shall take gare that the 11tws be
faithfully executed- in mercy.
See. 13. The Governor ind Lieutenant-Gov
ernor sball,'at stated times,;receive for their
services a compensation -N lich shall be neither
increased or dimiished during.the period for
wbich they shall have been elected. -
Sec. 14%All officers in ihe Executive .De.,
I-artment, when Vequired by the Goverhor,
shall give him inforimition in writing 'upon
any subject relaiing to the duties of -the re
spective offices.
-'Sec. 15. The Governer shalIT, from. time to
time: give to the General Assembly informa
tion of the condition of-the State, and recom
ment to their consideration such measures as
he shall judge necessary o- expedient.
See 16. le inay, on extraordinary oea
sions, coarene the -General Assembly, and
should either Hco,e remain without,,a quo
rum for three dhys, or in case of disagreenient
betweCn the two Houses, with respect to the
time of adjournment, may adjourn *them to
such time as he shall think proper, not be
yoind the fourth Monday of November then
next ensuing.
Sec. 17. He shall commission all ofteers of
fthe Sta'e.
Sec. 18. It-shall be the duty of the Ma -
agers of Elections of this 'State, at the first
general election under this Ctinstitution and
I-at 'each alternate general erection Lhereafter,
to hold an -election for Governor and Lieu
*tenantiGovernor. . - -
Sec. 19. The Governor and' the.Lieutenant
Governor, before e.ntering upon the duties of
'their respectite ofBeces, shall,' in-the - presence
of the, General Assembly, fake the oath- of
office prescribed in this Cons.titution.
Sec. 20. The Governor shall resi*,. during
the sitting of the General Assembly; at the
plg where its sessen may be held ; and the
General Assembly may, by lawr, requis-e -him
to reside 'a the Capitol of the State.
*Sec. 21. Every Bill which shall have passed
the General Assembly, shall, before it be
comes a law,.be'presrated to the Governor; if
he approve, he shall sign it; but if r ot, he
shall retorn' it, with his, obje'etions, to thait
House in:'which it shall have origi'nated, who
shall entei- the objections at large on their jour
nal, and proce'd to reconsider it. If after such
reconsideration a majority 'of the whole re~pre
sentation' of that House .shall 'agree to pass'
the Bill, it shall' be s.ent, together with - the
o 'ections, to the' other House, -by' iir- e'. it1
shall lhkewise be reconsidered,nand if approved.
by a majority of the whole reprdsentation :f
that other Houge, it - shall become~ a law.
1But in all such caes the votes of both Houses
salbe determired by yeas and- nays, -and
the names -of the- persons voting for and
against the Bill shall be entered. on the jour
nal of each U ousce respectively. 2If any Bill
shall not be returned by*the 0.ofernor within
two days (Suiays, excepted) after it shall
have been piresented to hfa1 the samo shall
be a law in like'anig6r as iNte hd sigil
And, that tine may alsiys $e ftlwed. he
Gov5rnor to consider Bills passed by the
General Asseimbiy netter. House shall -read
any 2111onL4he'last day.:of its session, except
sctls as have been returned ~y the Gov
ernor as herein pro xided.
ARTICLE IIU.
,Sec. L~ The-judical-power shall, bd vested
in such Superior and. Infeisior. Courts'of taw
and Equity as' the General Assembly shall~
fr om time to time, direct and establish. -'The
Judges of the. Superior Co~ shall be elec
ted by th'e Geperal A s ~, shall hold their
ofces during rood%havior, and shall, at sta4
ted timnes,.receive a compensation for their
services, wrhich shall neither be increased nor]
diminished dtiring their dontinuance in office;'
but they shall reeeive no fees or perquisites6'f
office, or hold any other office of profit or trust
under this State, tehe 'United Stat'es of Amer- '
ica, r any of them, or arty dther powe. The
eneral Asimbly shall, as soon as possible,
establish for each District in the State an
inferior Court or Courts, to be styled "The
District Court," the - udge whereof shall be
resident in the lhistrict while in office, shall
be el'ected by the deneral Assembly for four
years, and shall be re-eligible, which Court
shall have jurisdiction pf all civil causes
whereini one o. both of thig parties are per
sons of c<olor, and of all criminal cases where
.n he icue s a nmren of colour. 'and the
General AsNinbly is empowered to extend
the jurisdiction o the said Cot to other
.subjects.
Sec. 2. The Judges shalf meet %nd set at
Columbia, at such time as the General A~sem
bly may by Act prescribe, for the purpose of
hear ing hnd determining all mptions for new
trials and in arrest of judgment, and such
points of knw as may be submitted to them,
ad the .Genersi Assembly may by Act ap
point such other places for sifth nfeeting as
in their discretion may seem fit.
Sec. S. The style of all processes shall be,
"The State of South Carolina." All proseed
%ions shall be carried on in the name and by
the authority of the Sfate-f. South Carolina,
and,conclude, "against the pace anid di'nity
of the same."
ARTICLE IV.
In J1 elections'to be mad6 by the people of
tWs State, or of any part therqof, for civil or
politiaal offices, every person shalT be entitled
to vote. who-has the following qalifications,
to wit:
He shall be a (ree white man, who has at
tained the age of twenty-one years, and is not,
a pauper, nor a nen-.ommissioned. officer or
private soldier * the-army,.n6t a seaman or
mar4ne of the navy of the United'States. He
shall, for the two years next preceding, the
day of election, have been a citiei of this
State; orf for the same peridd, an emigrant
from Europe,-who has declared hig intention
to become a citizen of the United States, ac
cording to the CQnstitution and Laws of the
United States. lie shall have resided'in this
State for at least two years next preceding the
day of election, andi, for the last six months
of that time, in the District in whieh -he offers
to-vote. Provided, however, That the Gen-:
eralAssembly_may, by requiring a registry
-of voters, or other suitable legislation, guard
%gainst frauds in elections, and usurpations 4f
the right of suffrage, may inpose disqafi
cation to vote as a punishment,for erime, and
may prescribe additional qualifications for 'o
ters in municipal elections.
ARTICLE V.
All persons,. who shall be elected or appoin
ted to any office of pr'fit or trust, before en
tering on the execution thereof, shall take
(besides special oaths,-not repugnant to this
.oititution, prescribed by the General As
sembly,) the following oath :
"I do swear (oi- affirmn that 1, am diily
qualified, according td. thl Constitudoh of
this State, to exercise the offiee to whict I
have been appointed, And that I-wil, to-4he
bent of my ability, discharge the duties there*
of, and preserve protect and defend the Con
stitution of this State, and that of the United
States. So help me Gqd.
ARTICLE VI.-^V
Sec..I.' The House of Representatives shall
have the sole, power of impeaching, but no
impeachment shall be made, unle,ss with ethe
concurrence of- two-tlbirds of the house of
Representativs..
Sec. 2. All-impeachments shall-be tried by
the Senate.. When sitting for - that purpose,
the Senators shall-be on.oath or affirmation,
and no person shall beconvicted without the
concurreince of 'two-thirts of the members
present. . .
Sec. 3. The G3overnor,. Lieutenan,t-Gover
noi, and all civil officers, shall be liable' to
impeachment for high crimes and -misdemea
nors, fora any misbehavior in office, f'or cor
ruption in procari'ng 'office, or for many 'act
'which' shall degrade their- official character.
But jndgment in such cases sbai1 not eztend
further than .to removaL from flee, and dis
qualification to hold any office of honor,~
or profit, under this State. The party -vona
victedshall, nevertheless,-be iabl'g to indict
ment, triaj, jiidgmxent and punishment- accor.
ding to law.
-Sec..4. Ail civil officers, whose authority is.
lin'ited to a single Juditial District, a single
Election Distict, or part of either, shall be
appointed, hold their office,. e removed from
office, and in addition to liability to ~impeach
ment' maybe punishc<ffor official misoo'nduct,
in such manner as the G6neral Assembly, pre
vious to their appointment, may provide.
Sec~ . I C any civil officer shall become- d1s
bidfoedischarging the dutiesof imofilc
renasftLof ijpemanernt bodily or- wcental
ifi'rmith bif office mjay be declared te be va
cant, lfy joint i'esolution, -agreed to by twQ
thirds of the yhole -representato.~ in each
House of the General Assembly:i Provided,
That streh r~esolution shall contain-the grounds
for the proposed remova1l, and before it shall
as either Hlouse,- a y of it shaakka&l
Scc. 1. The Treasurer and the Secretary of
State shall be elected by the General Assem
bly -in the House of Representatives, -shall
holNjheir offiees for four years and shall note
be eligible for"the next succeedirig term.
Sec. 2. All other.officers shall be aippojnted,
as they hitherto have been, until othedwise
'irected by law; but the sam#persoti shall
not hold the office of sherift' for two cotiseen
tive terms.
. Sec. 3. All commissions shall be in the n'ame
atby the authority of the State of South
Carolina, be sede~d with the seal of the State,
and be signed by the Governor.
- -ARTIE VIII.
All inws of force in this State,.attbe adop
tion of this Constitutioni, and not -repugnant
hereto, shall so continuer until-altered or re
pealed by the General Assembly, except where
they arc temporary, in which case they shall
expife at the thies respectively limited for
their duratio, if niot continued by Act of the
(cn i ralmQTblf.
ARTICLE IX
Sec. 1. All powrer is originaly. vested in
the people, and all free Governients- aro
founded on their aithrity, and are instituted
for their peace, safety and happiness.
Sec. 2. No person shall be taken, or im
prisoned, or disserzed of his freehold, liberties
or privilqges, -or outlawed or exiled, or in any
manner deprived of his life, Iiberty or proper
ty, but by doe process of law; nor abalay
bill of attainder, erpat facto law, or law im
pairing the obligation bf zontratts, ever be
pssed by the Giaeral deey
Sec. 8. The nilitary shal be sud it
to the. civil power.
Sec. 4. The privileg'e of the wriicf 44eas
corpus shl1 not be suspended, unlew when,
in case of re6ellion or. inva-on the 'public
safety requires it. -
Sec: 5. Excessive bailsh.not berquired,
nor excessive lines imposed; nor cruet punish
ments inflicted *
Se .6 Th-e GShall: no>
grant any ititle of nobility, or lereditary dis
tindtion, norcreate arz oce, de point
nienftto *rhih shall yIMag tide
than during good beftvior.. -
See. 7. The tis bj
in this State, and the libetrty ofru pre
shall be f6rever inviolabtg apreserved. Sat
the General -Aenbly shall baie-poir tode-7
teruine the nuprof personawb sha ncor
stitute the juryin the Infrior and Distrias
Cdurts.
e6. 8. The fE ezerise iid enjoyment u.
religiois professions and worhip, wihout dis.
criminat6itr or preference, shall hi allowed,with
in this State. to all mankind: P"vied, Thad the,
liberty of conscience beieWy deciared. shal%o
be so construed as tQ excuse acts O centiou
ness, or justify. Prtae eoUssteDt dth d2
peace ad safety of b te.
'See. 9. The rights, prijOeges, lairutIeiaud.
estates of ~otiteivil and religJis socleties, 4
of corporate.bodiesazl remai1 asif the Consti
ttion of this Stato had not been sltered or -
amened..
Sec. 10. The rights of p4mogenitare*a n
be re-established, and there iall'nofai toto
some legislative provision fortle e4qukable
tribution of the estatel .'inteiates.
See. 1-1. The slaves it- Carolialaing
been emancipated by the action of .the United
Stltes authorisies, neither slaverj;nor.mzolunk
ry.servitnde, except as a punishment foi ciime; *
whereof the party shall have beea dulycon ited .
shalf ever be re-estabIlied in thia Stat.
A&LICJaR'..
Sec. 1. The GenerI Ass'it w V nev
taxs-ad upon nd,sall, 6tMtheies e,.
pose a eapitation tax, which ghall not be 15
upon each poll than.one-fourg of the ad.
upon each hundred dolla wortl~of th6 aseed - -
value of the lanltliued; eabg e
from the operation of isocheaptation tax-altau
classes of persoisaisfrom disablJit.or otheidfel
ought, in the judgmentof the Generul Assewbly~
tobe xeWpted. *-'
/ A~ TICLE XL -
See. L, thybusiness of the Treasury skal bl
conduhted $fj one Treasurer, wbh U a Nihk -
offioe and i-esideit he seat-of Qae*alpat.~~. >.~** *
See,. 2. The Secretaryf 8aWellal -l1u -~-~
office and reside at the seatotGoerahent. '
'See. 1. X6 Convention-of the peoplehalJ* ; X *f
calle, un ess by the coucenrence'oftWthidiis* .'4
tIb$ whole 'representatibn inee' hBse 4te- - . -
General Assembly. - -
. $ee. 2. No part of tidsCon tatin had be
altered, un1! a bill to alter the.hate shlPhav
been read, on three- seeral dagi, in 4he ITouse
of Representatives, and on ihree severa$ ays in
the Senate, andI agreed to, at tiie.second and
third readings, by two thTrds of-the whole repre- Wi
snttibn in each7Hbuse of the Gheg aI ly,a
neither shall any alteration take teef.c aiL - '
bill, so agreed tog shall. be pupNhel4 forill*n
months.pi'evious to a nelr election for anemti.erLs
of clie Roiise of Representatives.; ah4d t.hetr~
feration proposeiY bjah ee * G
sembly Jhall be agreed-tu, by new
ssthy athJ firs esson, by-.he coathn.-~.
rence of two thirds' of the whole-repreetatlir n -
in each EHouse,. after the, same.shall haveabpd .
read on three sevreral daysin each; then rnd not -." r
otherR ise the pame shall beco:sie a part of tbh
Co1stit.ution~. - .- - -
one inm Covninsioutii
.Sha-Na.ln,rm the-twe- -i
- temnber, in the year of ourLord1Mnf thousand
eig t hundred and sixty-We.
D.~lCf L, - EDLvAtn , - /
Clr fesieto ovno
A,tteat. Jorns T. SLoAN * -
Cler oftheConvention~
TuE COLORED Fae MJASOins.-T rn
egn rrespondence reported adverisely 'to
the recognition pf lodges working .under,i
charter from~ thc.irand Lodge of. H#mnbu:g
Th,ere are sever*i lodget of edidred..meg an ~
this cotuntry,.having g:ee pahid by.1'
Grand Lodge of Hambtf which harel ge
for same ti;pe endeavoring to obtairi i-cg
tion by the grnn lodg'es.of the vadosStaites
but without success. An effort iras' mnadei) -
some of'the members of the.Grand. L Mge -e
this State, to procure their recognitMbt -ba7
to d~J committee who Wild 1lumitl - -
bri~b sab'iet before the. -bod.';e
adversely adthe meanore.fiiled-.Mbis dU
ces colored Masonsrpaeirly where ey1ivy*
ever been-beyQnt hhe pale of l[aonie law *
Masons cannot recogntie them as sue5 n any
partialar, ndr have-Masodlic knowledge of .
their e*istonce-, notwithstaniding.:tb tbhey
are bound:by the --ame solemn-.i!gttions -
and ties as are their white .brethrena. -
Men are apt not to care. how theyjteop, so
that what t'hey stoop for may 1* worth, the
lifting. Throw ingots and jewelidtoaa-cess
pooi, and what a crowd of the nicEstsud ev
en. whtest hand folks wotqld scratable for
the scattere4 treasure !
Think ->-dayaM-ipek.to-m

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