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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 384,925 are slaves, Free blacks, 8,769.
CONSTITUTION, 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, Santee, 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
the support of this government, shall have a right to vote for a member or members, to serve in either branch of the Legislature, for the election district in which he holds such property, or is so resident.
5. The returning officer, or any other person present, entitled to vote, may require any person who shall offer his wote at an election, to produce a certificate of his citizenship, and a receipt from the tax collector of his having paid a tax, entitling him to vote, or to swear, or affirm, that he is duly qualified to vote agreeably to this Constitution.
6. No person shall be eligible to a seat in the House of Representatives, unless he is a free white man, of the age ef twenty-one years, and hath been a citizen and resident in this State three years previous to his election. If a resident in the election district, he shall not be eligible to a seat in the House of Representatives, unless he be legally seized and possessed, in his own right, of a settled freehold estate of five hundred acres of land, and ten negroes; or of a real estate, of the value of one hundred and fifty pounds sterling, clear of debt. If a non-re’ident, he shall be legally seized and possessed of a settled freehold estate therein, of the value of five hundred pounds sterling, clear of debt.
7. The Senate shall be composed of members to be chosen for four years, in the following proportions, by the citizens of this State, qualified to elect members to the House of Representatives, at the same time, in the same manner, and at the same places, where they shall vote for representatives, viz.: Charleston, (including St. Philip and St. Michael) two members; Christ Church, one member; St. John, Berkeley, one member; St. Andrew, one member; St. George, one member; St. James, Goose Creek, one member; St. Thomas and St. Dennis, one member; St. Paul, one member; St. Bartholomew, one member; St. James, Santee, one member; St. John, Colleton, one member; St. Stephens, one member; St. Helena, one member; St. Luke, one member; Prince William, one member; St. Peter, one member; All Saints, one member; Winyaw and Wil liamsburgh, one member: Liberty and Kingston, one member; Marlborough, Chesterfield and Darlington, two members; York, one member; Fairfield, Richland and Chester, one member; Lancaster and Kershaw, one member; Claremont and Clarendon, one member; Abbeville, one member; Edgefield, one member; Newbury, (including the fork between Broad and Saluda rivers,) one member; Laurens, one member; Union, one member; Spartan, one member ; Greenville, one member; Pendleton, one member; St. Matthew and Orange, one member; Winton, (including the district between Savannah river and the north fork of Edisto,) one member; Saxe Gotha, one member.
8. No person shall be eligible to a seat in the Senate, unless he is a free white man, of the age of thirty years, and hath been a citizen and resident in this State five years previous to his election. If a
resident in the election district, he shall not be eligible unless he be legally seized and possessed, in his own right, of a settled freehold estate of the value of three hundred pounds sterling, clear of debt. If a non-resident in the election district, he shall not be eligible unless he be legally seized and possessed, in his own right, of a settled freehold estate, in the said district, of the value of one thousand pounds sterling, clear of debt
9. Immediately after the senators shall be assembled, in consequence of the first election, they shall be divided by lot into two classes. The seats of the senators of the first class shall be vacated at the expiration of the second year, and of the second class, at the end of the fourth year; so that one-half thereof, as near as possible, may be chosen, forever thereafter, every second year, for the term of
10. Senators and members of the House of Representatives shall be chosen on the second Monday in October next, and the day following: and on the same days in every second year thereafter, in such manner, and at such times, as are herein directed; and shall meet on the fourth Monday in November annually, at Columbia, (which shall remain the seat of government until otherwise determined, by the concurrence of two-thirds of both branches of the whole representation,) unless the casualties of war, or contagious disorders should render it unsafe to meet there; in either of which cases, the Governor or commander-in-chief for the time being may, by proclamation, appoint a more secure and convenient place of meeting
11. Each house shall judge of the elections, returns, and qualifications of its own members; and a majority of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members
, in such manner and under such penalties as may be provided by law.
12. Each house shall choose by ballot its own officers, determine its rules of proceeding, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member, but not a second time for the same cause.
13. Each house may punish, by imprisonment, during sitting, any person, not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous behavior in its presence-or who, during the time of its sitting, shall threaten harm to body or estate of any member, for anything said or done in either house; or who shall assault any of them therefor; or who shall assault or arrest any witness or other person ordered to attend the house, in his going to or returning therefrom; or who shall rescue any person arrested by order of the house.
14. The members of both houses shall be protected in their persons and estates, during their attendance on, going to, and returning from the Legislature, and ten days previous to their sitting, and ten