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BY HOYT & HUMPHREYS.
ANDERSON. C. H., S. C, THURSDAY MORNING, OCTOBER 5, 1865.
VOLUME 1.?NUMBER 16.
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STATE OF SOUTfi CAROLINA.
SEPTEMBER 27, 1865.
We, the people of the State of South Caro?
lina, ly our Delegates in 'Convention
met, do ordain and establish this. Consti?
tution for the Government of said State:
"Section 1. The Legislative authority
of this Stato shall be vested in a General
Assembly, which shall consist of a Sen?
ate and a Ilouse of Representatives.
?Section 2. The Rouse of Representa?
tives shall be composed of Members cho?
sen by ballot, every second year, by t he
citizens of this State, qualified as_ in this
Constitution is provided.
Section.2. Each Judicial District in the
Stale shall constitute .one Election Dis?
trict, except Charleston District, which ,
?hall be divided into two Election Dis- ^
iricts, one. consisting of the Uto Parishes (
of St. riiilip aud St. Michael, to be desig- ,
nated tho Election District of Charleston; ,
the oth'.-r consisting of all that-part of ,
the Judicial District, which is without .
the .limits of said Parishes., to .be known
as the Elcetiou District ;>f Berkeley. ' I
Section 4? The boundaries of tho sev?
eral Judicial and Election Districts shall i
remain as-they arc. now established. :
Secton 5. The House of Rcpresenta
tives shall .'consist of one hundred and i
twenty-four members, to be apportioned |
among the several Election Districts of |
tho Stale, according to tho number of .
white inhabitants contained in each, and
the amoir.it of all laxes raised by the Gen- i
era! Assembly, whether direct or indirect, i
or of whatever species paid in each, de- ?
ducting tl.erefrom all'taxes \v.\\d on ac- |
count of property held in any other Dis- j
trk-t, ami adding, thereto all taxes else- |
where paid on account of property held i
in such District. An enumeration of tho j
tvhite inhabitants, for this purpose, was ]
made in the year one thousand eight hun?
dred and fifty-nine, aud shall bo made in <
the course of every tonth year thereafter. <
iu such manucr as shall be, by law, direc- 1
tedj and Representatives shall be assign- y
ed to tho different Districts in the above- (
mentioned proportion, by Act of tho Gen- i
eral Assembly at the. session immediately i
"succeeding every enumeration : Provided, j
that until the apportionment, which shall |
be made upon the next enumeration, shall i
take effect, the representation of the sev- ]
eral Election Districts, as herein constitu- ]
ted, shall continue as assigned at the last
apportionment, each District' which' has \
been heretofore divided into smaller Dis?
tricts, known as Parishes, having, the ag- ,
gregatc number ot Representatives which '
the Parishes heretofore embraced within
its-limits have had since that apportion?
ment, tho Representatives to which tho .
Pariah of All Saints has been heretofore
entitled, being, during this interval, as
sigued to Horry Election District.
Section 0. If tho enumeration herein
directed shall not be mado in the course
of tho year appointed-for the purposo, it
shall be the duty of the Governor to have
it affected as . soon thereafter as shall be
Section 7. In assigning Representatives
to tho s?vcral Districts,, tho General As?
sembly shall allow one Representative ?
' for every sixty-second part of tho whole
number of whito inhabitants in the State,
?ivd one Representative also for every
sixty-second part of the wholo taxes rais?
ed by tho" General Assembly. There
Shall bo further allowed one Representa?
tive for such fractions of the sixty-second
part of the white inhabitants, and of .the
sixty-second part of the taxes, as when
added together form a unit.
Secton 8. All taxes upon property,
real or personal, ehall be laid upon the ac?
tual value of the property taxed, as tho
game shall bo ascertained by an assess?
ment made for tho purpose of laying such
tax. In the first apportionment which \
shall bo made under this Constitution, tho
amount of taxes shall be estimated from
the averago of tho two years next pro?
ceeding such apportionment; but in eve?
ry subsequent apportionment, from the
average of the ten yoars then next pro?
Section 9. If, in the apportionment of
Representatives, any Election District
shall appear not to be entitled, from its
population and its taxes, to a Representa?
tive, such Election District shall never?
theless send one Representative; and, if
there be still a deficiency of the number
of Representatives required by section
fifth, such .deficiency shall be supplied by
assigning Representatives to those Elec?
tion Districts having the largest surplus
fractions, whether those fractions consist
I of a combination of population and tax?
es, or of population or taxes separately,
until the number of one hundred and I
twenty-four Members be made up, Provi?
ded, however, that not more than twelve
Representatives shall, in any apportion?
ment, be assigned to any one Election
Section 10. No apportionment of Rep?
resentatives shall be construed to take ef?
fect, in any manner, until the general
election -which shall succeed such appor?
Section 11. The Senato shall be com?
posed of one member from each Election
District, except the Election' District ot
Charleston, to which shall be allowed two
" Section 12. Upon the meeting of the
first Gchoral" Asscriibjy, which shall be
chosen under the provisions of this Con?
stitution, the Senators shall be divided,
by lot, into two classes; the seats of the
Senators of the one class to be vacated at
the. expiration of two years after the
Monday following the general election,
und of those of the other class at the* ex?
piration of four years j and the number
of. these classes shall bo so proportioned
that onc-Kalf of the whole number cfScn
ilors may, as nearly as possible, continue
to be chosen thereafter every tiocond
vcar. . ?
Skctidn 13. -. No person shall bo eligi?
ble io. oi' take or retain, a seat in the
Rouse of Representatives, unless he is a
free white" man, who hath attained .the
igo of twenty-one years, hath been a eit
sen and resident of thisStato three years
next.proceeding the day of election, and
lath been fur the last six months of. this
time, and shall continue, a resident of the
District which he is to represent.
Section 14. No person shall be eligible
!o, or take or retain, a seat in the .Senate,
unless he is a free white man, who'hath
attained the age o* thirty years, hath
jeco a citizen and resident of this State
ive years next preceding.the day of elec?
tion, and hath been, for the last six
months of this time, and continue to be.
i resident ot the District which he is to.
Section 15.'Senators and Members of
:hc House Of Rercsentatives shall be
??hosen at a general election on the third
Wednesday in October in the present
rear, and on the same day .in every sec?
ond year thereafter, .in such manner, and
"or such terms of office, ?s arc herein di?
rected. They shall meet oo the fourth
Monday in November, annually* at Cc
umbia, (which shall remain the seat of
fiovcrnmcnt. mi til otherwise determined
by the concurrence ot two-thirds of both
branches of the whole representation.) ?
unless the casualties of war or contagious
disorders shall render it unsafe to meet
there i in either of which cases, the Gov?
ernor, or Commander-in-chief, for the time
being, may, by proclamation, appoint a 1
more.secure and convenient placc of moot?
Section 16. Tho terms of office of the
Senators and Representatives, chosen at
a general election, shall begin on tho
Monday following such election.
iSECTioN 17. Each House shall judge of
the clcctious, returns-and qualifications of,
its own Members; and a majority of each
House shall constitute a quorum to do
busiuess; but a smaller number may ad?
journ from da}' to day, and may be au?
thorized to compel the attendance of ab?
sent Members, in such manner, and under
such penalties, as may be provided by law.
Section 18. Each House shall choose
its own officers, determine its rules of
proceeding, punish its Members for disor?
derly-behavior, and, with the concurrence
of two-thirds, expel a Member, but not
a second time for the same cause.
Section 19. Each House may punish,
by imprisonment, during its sitting, any
person, not a Member, who shall be guil?
ty of disrespect to the House by any dis-1
orderly or contemptuous behavior in its
presence ; or who,"during the time of its
sitting, shall threaten harm to body or es?
tate of any Member for anything said or
done in cither House, or who shall as
sault any of them therefor, or who shall
assault or'arrest any witness or other
person ordered to attend tho Houso, in
his going, thereto, or returning therefrom,
or who shall rescue any person arrested
by order of tho House.
* Section 20. Tho .Members of both
Houses shall bo protected in their persons
and estates during their attendance on,
going to, and returning from, tho General
Assembly, and ten days previous to the
sitting, and ten days after the adjourn?
ment thereof. But these privileges shall
not bo extended so as to protect any Mem?
ber who shall be charged with treason,
felony, or breach of the peace. .
Section 21. Bills for raising-a revenue
shall originate in the House of Represen?
tatives, but may bo altered, amended or
rejected by the Senate; and all other
bills may originate in cither House, and
may bo amended, altered or rejected by
Section 22. Every Act or Resolution
having the force of law shall relate to but
one subject, and that- shall bo expressed
in the .title.
Section 23. No bill shall have the force
of law until it shall have been read thrco
times, and on three several days, in each
House, has had the seal of the State
affixed to it, and has been signed in tlio
Senate House by the President ot tho
Senate and the Speaker of the House of
Section 24. No money shall bo drawn
out of tho Public Treasury but by the
legislative authority of the State.
Section 25. In all elections by the Gen?
eral Assembly, or cither House thereof,
the members shall, vote "viva voce," and
their votes, thus given, shall be entered
upon the journals of the House to which
they respectively belong.
Section 26! ThcMombcrs of the Gen?
eral Assembly, who shall meet under this
Constitution, shall be entitled to receive
out of the Public Treasury, for their ex?
penses during their attendance on, going
to and returning from the General Assem?
bly, five dollars for each day's attendance,
and twenty cents' lor every mile of the
ordinary route of travel between the res?
idence ol the Member and the capitbl or
other place of sitting of the General As?
sembly, both going and returning: and
the :;amc ma}* be increased.or diminished
by law, if circumstances shall require;
but no alteration shall be made to take
effect during tho existence of the Gene?
ral Assembly which shall make such al?
Section 27. Neither House, during the *
session of tho General Assembly, shall, i
without the consent of the other, adjourn
for more than three days, nor to an}' oth?
er place" (ban that in which the Assembly
shall be, at the iimc, sitting.
Section 28. No person shall be eligible
to a seat in the General Assembly whilst
hp holds any office of profit or trust un- i
der this State, the United. States of
America, or any of them, or under any
other power, except officers in thc-militia,
army or navy of this State, Magistrates
or Justices of Inferior-Courts, while such
Justices receive no salaries; nor shalTany
contractor of the army or navy of this
State, the United States of America, or
any of them, or the agents of such con?
tractor, be eligible* to a seat in either ?
House. And if any Member shall accept
or exercise any of the sajd disqualifying
offices, be shall vacate his soat.
Section 29. If any Election District
shall neglect to choose a member or mem?
bers on the day of election, or if any per?
son chosen a member of cither House
shall refuse to qualify and take his scat,
or shall resign, die, depart tho State, ac?
cept any disqualifying'office, or become
otherwise disqualified to hold his scat, a
writ of election shall be issued by tho
President of the Senate or Speaker of tho
House of Representatives, as the case
may be, for the purpose of filling tho va?
cancy thereby occasioned, for the remain?
der of the term for which the person so
refusing to qualify, resigning, dying, de?
parting the State, or becoming disquali?
fied, was elected to. serve, or the default
in"- Election District ou^ht to have chosen
a member or members.
Section 30. And whereas the ministers
of the Gospel arc, by their profession,
dedicated to the service of God and the
euro of souls, ?.nd ought not to be divert,
cd from the great duties of their func?
tions; therefore, no minister of the Gos?
pel or public preacher of any religious
persuasion, whilst ho coutinues in the ex-'
crcisc of hie. pastoral functions, shall be
eligible to the office of Governor, Licu
tcnant-Govornor, or to a seat in tho Sen?
ate or House of Representatives.
Sec. 1. Tho Executive authority of this
State shall bo vested iii a Chief Magis?
trate, who shall bo styled, The Governor
of the State of South Carolina.
Sec. 2. Tho Governor shall be elected
by the electors duly qualified to vote for
members of the House of Representa?
tives, and shall hold his-office for four
years, and until his successor shall be
chosen and qualified; but tho same person
shall not be Governor for two consecutivo
Sec. 3. No person shall be eligible "to
the office of Governor, unless ho hath at?
tained the age of thirty' years, and* hath
been a citizen and resident of this State
for the ten years next preceding the day
of election. And no person shall hold the
office of Governor, and any other offico
or commission, civil or military, (except
in the militia,) under this State or the
United States, or any of them, Or any
power, at one and tho same time.
Sec. 4. Tho returns of every election
of Governor shall bo sealed up by the Man?
agers of Elections jn their respective Dis?
tricts, and transmitted, by a messenger
chosen by them, to the scat of Govern?
ment, directed to the Secretary of State,
who shall deliver them to the Spcakor of
the House of Representatives, at the next
ensuing session of the General Assembly,
during the first week of which session
the Speaker shall open and publish them
in the presence of both Houses of the
General Assembly. The person having
tho highest number of votes shall be Gov?
ernor, but if two or moro shall be equal
and highest in votos, the General Assem?
bly shall, during the same session, in the
House of Representatives, choose one of
them Governor viva voce. Contested elec?
tions for Governor shall be determined
b}- the General Assembly in such manner
as shall be prescribed by law.
Sec. 5. A Lieutenant Governor shall be
chosen at the game time, in tho same
manner, continue in office for the same
period, and be possessed of the same qual?
ifications as the Governor, and shall ex
officio be President of tho Senate. .
Sec. G. The Lieutenant-Govcrnor; act?
ing as President of the Senate, shall have
no vote, unless the Senate be equally di?
Sec. 7. The Senate shall choose*a Pres?
identen? tempore to act in the absence of
the Lleutenant-Govcrnor, or when he shall
exercise the office of Governor.
Sec 8\ A member- of the Senate or cf
the House of Representatives being cho?
sen and acting as Governor or Licutcn
ant-Govcrnor, shall thereupon vacate his
scat, and anothor person shall be elected
in his stead.
Sec. 9. In caso of the- impeachment of
the Governor or his rcraoval,Jrom office,
death or resignation, disqualification, dis?
ability or removal from tho State, the '
Lieu tenant-Governor shall succeed to his
office, and in case of the impeachment of
the Lieutenant-Governor or his removal
from office, death, resignation, disqualifi
tion. disability or removal from the State,
the President pro tempore of tho Senate
shall succeed to his office; and when the
offico of the Governor, Licutcnant-Gov
ernor and President pro, tempore of the
Senate shall become vacant in the recess
of the Senate, the Secretary of State, for
the time being, shall, by proclamation,con?
vene the Senate, that a President pro
tempore may be chosen to exercise the of?
fice of Governor for tho unexpircd term.
Sec. 10. Tho Governor shall be Com
mandeu-in-Chief of the Army and Navy
of this State and of tho militia, except
when they shall be called into the actual
service of the United States. :
Sec. 11. He shall havo power to grant
reprieves- and pardons after conviction,
(except in cases of impeachment,) in such
manner, on such terms and under such
restrictions as. he shall think proper, and
he shall have power to remit fines and
forfeitures, unless otherwise directed by
law. It shall be his duty to report to the
General Assembly at] the next regular
session thereafter all pardons granted by
him, with a full statement of each" case
and the reasons moving -thcrctuno.
Sec. 12. He shall take caro that the
laws bo faithfully executed in mercy.
Sec 13. The Governor 'and Lieutcu
ant-Govornor shall, at stated times, re?
ceive for their services a compensation
which shall be neither incrcased?nor di?
minished during the period for which they
shall have been elected.
Sec. 14. All officers in the Executive
Department, when required by the Gov?
ernor, shall givo him information in /wri?
ting upon any subject relating to the du?
ties of their respective offices.
" Sec. 15. The Governor shall, from time
to time, give to tho General Assembly'in?
formation of tho condition of tho State,
and recommend, to their consideration
such measures as he shall judge necessa?
ry or expedient.
Sec. 15. He may, on extraordinary oc?
casions, convene tho General Assembly,
and should cither-House remain without
a quorum for three days, or in case of
disagreement of the two Houses, with re?
spect to the time of adjournment, may
adjourn them to such time as ho shall
think proper, not beyond the fourth Mon?
day of November then next ensuing.
Sec 17. He shall commission all officers
of the State.
Sec. 18. It shall .bo the duty of the
Managers of Elections of this State, at
the first general election under this Con?
stitution, and at each alternate general
election thereafter, to hold an election for
Governor and Lieutenant-Governor.
Section 19. Tho Governor and Lieu- j
tenant-Governor, before entering upon the I
duties of their respective offices, shall, in
the presence of the General Assembly,
take the oath of office prescribed in this
1 Section 20. The Governor shall reside,
during the sittings of the General Assem?
bly, at the place where its session may be
held; and the General Assembly may, by
law, require him. to reside at the Capitol
of the State.
Section 21. Every Bill which shall have
passed the General Assembly, shall, be?
fore it becomes a law, be presented to the
Governor; if he approve, he shall sign it;
but it net, he shall return it. with his ob?
jections, to that House in which it shall
have originated, who shall enter the ob?
jections at large on their journal, and pro?
ceed to reconsider it. If, after such.re?
consideration, a majority of the'whole
representation of that House shall agree
to pass the Bill; it shall be sent, together
with the objections, to tho other House,
by which it shall likewise be reconsidered,
and if approved by a majority of the whole
representation of that-other House, it
shall become a law. But in all such cases
the votes of both Houses shall be deter?
mined by yeas and nays, and the names
of the persons vofing for and against the
Bill shall be entered on the journal of
each House respectively. . If "any' Bill
shall not bo returned ."by the Governor
within two days (Sundays excepted) after
it shall have, been presented to him, the
same shall be a law in like manneras if
he had signed it. And, that time may '
always be allowed die Governor to con- :
aider Bills passed by the General Assem?
bly, neither House shall read any Bill on
the last daj- of its session, except such
Bills as have been returned by the Gov?
ernor as herein provided.
. ARTICLE III.
Skction 1. The judicial power shall be
vested- in ? such Superior and Inferior
Courts of Law and Equity as the General
Assembly shall, from time to time, direct
and establish. The Judges of-the Supe?
rior Courts shall be elected by the General
Assembly, shall hold their offices during
good behavior, and shall, at stated times,
receive a compensation for their services,
which shall neither be "increased nor di?
minished during their continuance in
offico; but they shall- receive no fees or
perquisites ot office, nor hold any other
office of trust under this State, the United
States''of America, or any of thenr, or any
other power. The General Assembly shall,
as soon as possible, establish for each Dis?
trict in the Stato an Inferior Court or
Courts, to oc styled " The District Court."
the Judge whereof shall be resident in the
District while in office, shall be elected by
the General Assembly for four years, and
shall be re-eligible, which Court shall have
jurisdiction of all civil causes wherein one
or both of the parties are persons of color,
and of all criminal cases wherein the ac?
cused is a person of color, and the General
Assembly is'empowcred to extend the ju?
risdiction of tho said Court to other sub?
Section 2. The Judges shall meet and
sit at Columbia, at such time as the Gene?
ral Assembly may by Act prescribe, for
tho purposo of hearing and determining
all motions for new trials and in arrest of
judgment, and such points of law as may
be submitted to them, and tho.General
Assembly may by Act appoint such other
places for meeting as in their discretion
may seem fit.
Section 3. The style of all processes
shall be, " Tho Stato of South Carolina.'".
All prosecutions sb all be carried on in tho
name and by the authority of the State of
South Carolina, and conclude, "against
the peace and dignity of the same."'
. ARTICLE IY.
-In all elections to bo made b}* the people
of this State, or. of "any part thereof, for
civil or political offices, every person shall
be entitled to vote who has the following
qualifications, to wit: ? .
He shall be .a free white man, who has
attained tho age of twenty-one years, and
is not a pauper, nor a non-commissioned
officer or private soldier of the army, nor
a seaman or marine of the navy of the
United States. Ho shall, for the two
years next preceding tho day of election,
have been a citizen of this Sfate; or, for
the same period, an emigrant from Eu?
rope, who has declared his intention to
become a citizen of the United States, ac?
cording to the Constitution and Laws of
the United States. He shall have resided
in this Stato for at least two years next
preceding the day of election, and, for the
last six months of that time, 'in tho Dis?
trict in which he offers to vote. Provided,
however, That the General Assembly may,
by requiring a registry of voters, or other
suitable legislation, guard against frauds
in elections, and usurpations of- the right
of suffrage, may impose disqualifications
to vote as a punishment for crime, and
may prescribe additional qualifications for
voters in municipal elections. -
All persons, who'shall be elected or ap-d
pointed .to any office of profit'or. trust, be-,
fore entering on tho execution thereof,
shall take (besides special oaths, not re
pugnant to fins. Constitution,-prescribed
by the. General Assembly,) the following
" I do swear (or affirm) that I am duly
qualified, according to the Constitution of
this State, to oxercise the office to which
I hare been appointed, arid that I will, to
the best of my ability, discharge the du?
ties thereof, and preserve, protect and de?
fend the Constitution "of this* State, and
that of the United States. So help me
ARTICLE VI-. ?
. Section 1. The. House of Representa?
tives shall have the sole power of impeach?
ing, but no impeachment shall be made,
unless with the concurrence of two-thirds
of the House of Representatives.
Section 2. All impeachmeftts shall be ?
tried by tho Senate. ' When sitting for
that purpose, the Senators shall be-on
oath or affirmation, and no person shall So *
convicted without the concurrence of two
thirds of the members present."
Section 3. The Governor, Lieutenant
Governor, and all civil officers, shall be
liable to impeachment for high crimes and
misdemeanors, for any misbehavior in
office, for corruption in procuring office,
or for" any act which shall degrade ?their 1
official-efejjvacter. But. judgment in such
pases shall not extend further than to re?
moval from office, and disqualification to
hold any office of honor, trust or-profit,
under this State. Tho party convicted.*
shall, ncverthcloss."b"c Jiable to indictment,
trial, judgment ana punishment according
to law. ?
Section 4. All civil officers, whose au?
thority is limited to a single Judicial Dis?
trict, a single Election District, or part of
either, shall be appointed, hold their office, -
be removed from office, and, in addition
to liability to impeachment, may be pun
ishciMor official misconduct, in such man?
ner as the (rcneral Assembly, previous to
their appointment, may provide.
Sectios:5; VI1 any civil officer shall bo
come disabled from disclmrging the duties
of his otfieoj by reason of any permanent
bodily or mental infirmity,'his offico may
be declared to be vacant-, by joint resolu?
tion, agreed to by two-thirds-of the whole ?
representation ini each House of the Gen?
eral Assembly uProvided, That mch reso?
lution shall contain the grounds for tho
proposed removal, and before it shall pass
either House, a copy of it shall be served*
on the. officer,*, and a hearing be allowed
him. . '..*-_
ARTICLE VII. ?
Section 1. The Treasurer and the Sec?
retary of State shall be elected by the
General Assembly in tho House of Repre?
sentatives, shall hold their offices for four
years, and shall not be eligible for the
Section 2. All other officer:* shall bo
appointed, as they hitherto have been,
until otherwise directed by law; but the
same person shall not hold tho office of
sheriff for two consecutive terms*.
Section.3. All commissions shall bcin .^
the name and by the authority of the
State of South Carolina, be sealed with .
the seal of'the State, and be signed by* the
. ARTICLE VIII.
Ail laws of -force in this State, at tho'
adoption of this Constitution, and not re
puguant hereto, shall so continue, until
altered or repealed by the General Assem?
bly, except where they arc temporary, in ?
which case they shall expire at the times
respectively limited for their duration, if
not continued by Act of the General As?
sembly. - ; . '
Sec. 1. All power is originally vested
in the people, and all free Governments
aro founded on their authority, and are
instituted for their peace, safety and hap?
Sec. 2. Xo person shall bo taken, or im?
prisoned, t or disseized of his freehold,
liberties or privileges, or outlawed or ex?
iled, or in any manner deprived of his
life, liberty or property, but by due pro?
cess of law; nor shall any bill of attainder,
ex post facto law, or law impairing the ob?
ligation of contracts, over-be passed by
the General Assembly.
Sec. 3. The military shall be subordi?
nate to the civil power.
Sec. 4. Tho privilege of the writ of
habeas corpus shall not bo suspended, un?
less, when, in case of rebellion or invasion,
the public safety requires it.
Sec. 5. Excessive bail shall not bo re?
quired, nor excessivo fines imposed, nor
cruel punishments inflicted.
(continued on ]?ourtii. page.)