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3. No free negro, free mulatto, or free person of mixed blood, descended from negro ancestors to the fourth generation inclusive, (though one ancestor of each generation may have been a white person,) shall vote for members of the Senate or House of Commons.
Sec. IV.-1. In the election of all officers, whose appointment is conferred on the General Assembly by the Constitution, the votes shall be viva voce.
2. The General Assembly shall have power to pass laws regulating the mode of appointing and removing militia officers.
3. The General Assembly shall have power to pass general laws regulating divorce and alimony, but shall not have power to grant a divorce or secure alimony in any individual case.
4. The General Assembly shall not have power to pass any private law to alter the name of any person, or to legitimate any persons not born in lawful wedlock, or to restore to the rights of citizenship any person convicted of an infamous crime; but shall have power to pass general laws regulating the same.
5. The General Assembly shall not pass any private law, unless it shall be made to appear that thirty days notice of application to pass such law shall have been given, under such directions and in such manner as shall be provided by law.
6. If vacancies shall occur by death, resignation or otherwise, before the meeting of the General Assembly, writs may be issued by law. the Governor, under such regulations as may be prescribed by
7. The General Assembly shall meet biennially, and at each biennial session shall elect, by joint vote of the two houses, a Secretary of State, Treasurer, and Council of State, who shall continue in office for the term of two years.
ARTICLE II. Sec. 1. The Governor shall be chosen by the qualified voters for the members of the House of Commons, at such time and places as members of the General Assembly are elected.
2. He shall hold his office for the term of two years from the time of his installation, and until another shall be elected and qualified ; but he shall not be eligible more than four years in any term of six years.
3. The returns of every election for Governor shall be sealed up and transmitted to the seat of government, by the returning officers, directed to the Speaker of the Senate, who shall open and publish them in the presence of a majority of the members of both houses of the General Assembly. The person having the highest number of votes shall be Governor; but if two or more shall be equal and highest in votes, one of them shall be chosen Governor by joint vote of both houses of the General Assembly.
4. Contested elections for Governor shall be determined by both houses of the General Assembly, in such manner as shall be prescribed by law. 5. The Governor elect shall enter on the duties of the office on
the first day of January next after his election, having previously taken the oaths of office in the presence of the members of both branches of the General Assembly, or before the Chief Justice of the Supreme Court, who, in case the Governor elect should be prevented from attendance before the General Assembly, by sickness or other unavoidable cause, is authorized to administer the same.
ARTICLE III. Sec. I.-1. The Governor, judges of the Supreme Court, and judges of the Superior Courts, and all other officers of this State, (except justices of the peace and militia officers,) may be impeached for wilfully violating any article of the Constitution, maladministration, or corruption.
2. Judgment in cases of impeachment shall not extend further than to remove from office and disqualification to hold and enjoy any office of honor, trust, or profit under this State; but the party convicted may nevertheless be liable to indictment, trial, judgment, and punishment, according to law.
3. The House of Commons shall have the sole power of impeachment. The Senate shall have the sole power to try all impeachments. No person shall be convicted upon any impeachment, unless twothirds of the senators present shall concur in such conviction; and before the trial of any impeachment, the members of the Senate shall take an oath or affirmation truly and impartially to try and determine the charge in question, according to evidence.
Sec. II.-1. Any judge of the Supreme Court, or of the Superior Courts, may be removed from office for mental or physical inability, upon a concurrent resolution of two-thirds of both branches of the General Assembly. The judge against whom the Legislature may be about to proceed, shall receive notice thereof, accompanied by a copy of the causes alleged for his removal, at least twenty days before the day on which either branch of the General Assembly shall act thereon.
The salaries of the judges of the Supreme Court, or of the Superior Courts, shall not be diminished during their continuance in office.
Sec. III. Upon the conviction of any justice of the peace of any infamous crime, or of corruption or mal practice in office, the commission of such justice shall be thereby vacated, and he shall be forever disqualified from holding such appointment.
Sec. IV. The General Assembly, at its first session after the year one thousand eight hundred and thirty-nine, and from time to time thereafter, shall appoint an Attorney-General, who shall be commissioned by the Governor, and shall hold his office for the term of four years; but if the General Assembly should hereafter extend the term during which solicitors of the State shall hold their offices, then they shall have power to extend the term of office of the Attorney-General to the same period.
ARTICLE IV. Sec. I.—1. No convention of the people shall be called by the General Assembly, unless by the concurrence of two-thirds of all the members of each house of the General Assembly.
2. No part of the Constitution of this State shall be altered, unless a bill to alter the same shall have been read three times in each house of the General Assembly, and agreed to by three-fifths of the whole number of members of each house respectively; nor shall any alteration take place until the bill so agreed to shall have been published-six months previous to a new election of members to the General Assembly. If, after such publication, the alteration proposed by the preceding General Assembly shall be agreed to in the first session thereafter, by two thirds of the whole representation in each house of the General Assembly, after the same shall have been read three times on three several days, in each house, then the said General Assembly shall prescribe a mode by which the amendment or amendments may be submitted to the qualified voters of the House of Commons throughout the State; and if, upon comparing the votes given in the whole State, it shall appear that a majority of the voters have approved thereof, then, and not otherwise, the same shall become a part of the Constitution.
Sec. II. The thirty-second section of the Constitution shall be amended to read as follows: No person who shall deny the being of God, or the truth of the Christian religion, or the divine authority of the Old or New Testament, or who shall hold religious principles incompatible with the freedom or safety of the State, shall be capable of holding any office or place of trust or profit in the civil department within this State.
Sec. III.-1. Capitation tax shall be equal throughout the State, upon all individuals subject to the same.
2. All free males over the age of twenty-one years, and under the age of forty-five years, and all slaves over the age of twelve years, and under the age of fifty years, shall be subject to capitation tax, and no other person shall be subject to such tax: provided, that nothing herein contained shall prevent exemptions of taxable polls, as heretofore prescribed by law, in cases of bodily infirmity.
Sec. IV. No person who shall hold any office or place of trust or profit under the United States, or any department thereof, or under this State, or any other State or government, shall hold or exercise any other office or place of trust or profit under the authority of this State, or be eligible to a seat in either house of the General Assembly provided, that nothing herein contained shall extend to officers in the militia or justices of the peace.
The first settlement in South Carolina was made at Port Royal, in 1670. The following year a settlement was commenced at Old Charleston (above its present site.) In 1680 they abandoned that location, and laid the foundation of the present city of Charleston. In 1690 a colony of French refugees* settled in this State. In 1703 the Church of England was established by law. But things were in a very unsettled state for some time, and in 1719 the colonists renounced the proprietory government. In 1629 the territory was purchased of the proprietors, as narrated in the account of North Carolina. In 1752 about 1600 foreign Protestants, who had fled from persecution, arrived in Carolina, which added much interest to its settlement. This State suffered much in wars with the Indians. The first Constitution was formed in 1775— the present one in 1790.
The British troops occupied Charleston in 1780. Several hard battles were fought in this State, the most important of which was at Eutaw Springs, in 1781, which in effect terminated the war in this State.
Area 25,000 sq. m. Pop. 1850, 668,507, of which 381,925 are slaves, Free blacks, 8,769.
We, the Delegates of the People of the State of South Carolina, in
general Convention met, do ordain and establish this Constitution for its government.
ARTICLE I. Sec. 1. The legislative authority of this State shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives.
2. The House of Representatives shall be composed of members chosen by ballot, every second year, by the citizens of this State, qualified as in this Constitution is provided.
3. The several election districts in this State shall elect the following number of representatives, viz. : Charleston, including St. Philip and St. Michael, fifteen members; Christ Church, three members; St. John, Berkley, three members; St. Andrew, three members; St. George, Dorchester, three members; St. James, Goose Creek, three members; St. Thomas and St. Dennis, three members; St. Paul, three members; St. Bartholomew, three members; St. James, Santce, three members; St. John, Colleton, three members ; St. Stephen, three members ; St. Helena, three members; St. Luke, three members ; Prince William, three members; St. Peter, three members; All Saints, (including its ancient boundaries,) one member; Winyaw, (not including any part of All Saints,) three members; Kingston, (not including any part of All Saints,) two members; Williamsburg, two members ; Liberty, two members; Marlborough, two members; Chesterfield, two members ; Darlington, two members; York, three members; Chester, two members; Fairfield, two members, Richland, two members ; Lancaster, two members; Kershaw, two members; Claremont, two members; Clarendon, two members; Abbeville, three members; Edgefield, three members; Newberry, (including the fork between Broad and Saluda rivers,) three members ; Laurens, three members; Union, two members; Spartan, two members; Greenville, two members; Pendleton, three members; St. Matthew, two members; Orange, two members; Winton, (including the district between Savannah river, and the north fork of Edisto,) three members; Saxe Gotha, three members.
4. Every free white man, of the age of twenty-one years, being a citizen of this State, and having resided therein two years previous to the day of election, and who hath a freehold of fifty acres of land, or a town lot, of which he hath been legally seized and possessed, at least six months before such election, or, not having such freehold or town lot, hath been å resident in the election district, in which he offers to give his vote, six months before the said election, and hath paid a tax the preceding year of three shillings sterling towards