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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.
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 a 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 yote 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-rer 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
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 days after the adjournment of the Legislature. But these privileges shall not be extended so as to protect any member who shall be charged with treason, felony, or breach of the peace.
15. Bills for raising a revenue shall originate in the House of Representatives, but may be altered, amended, or rejected by the Senate. All other bills may originate in either house, and may be amended, altered, or rejected by the other.
16. No bill or ordinance shall have the force of law, until it shall have been read three times, and on three several days, in each house, has had the Great Seal affixed to it, and has been signed, in the Senate House, by the President of the Senate and Speaker of the House of Representatives.
17. No money shall be drawn out of the public treasury, but by the legislative authority of the State.
18. The members of the Legislature, who shall assemble under this Constitution, shall be entitled to receive out of the public treasury, as a compensation for their expenses, a sum not exceeding seven shillings sterling a day, during their attendance on, going to, and returning from the Legislature: but the same may be increased or diminished by law, if circumstances shall require; but no alterations shall be made by any Legislature, to take effect during the existence of the Legislature which shall make such alteration.
19. Neither house shall, during their session, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.
20. No bill or ordinance, which shall have been rejected by either house, shall be brought in again during the sitting, without leave of the house, and notice of six days being previously given.
21. No person shall be eligible to a seat in the Legislature whilst he holds any office of profit or trust under this State, the United States, or either of them, or under any other
power-except officers in the militia, army, or navy of this State, justices of the peace, or justices of the county courts, while they receive no salaries; nor shall any contractor of the army or navy of this State, the United States, or either of them, or the agents of such contractor, be eligible to a seat in either house. And if any member shall accept or exercise any of the said disqualifying offices, he shall vacate his seat.
22. If any election district shall neglect to choose a member or members, on the days of election, or if any person chosen a member of either house shall refuse to qualify and take his seat, or should die, depart the State, or accept any disqualifying office, a writ of election shall be issued by the President of the Senate, or Speaker of the House of Representatives, as the case may be, for the purpose of filling up the vacancy thereby occasioned, for the remainder of the term for which the person so refusing to qualify, dying, departing the State, or accepting a disqualifying office, was elected to
23. And whereas the ministers of the Gospel are, by their profession, dedicated to the service of God, and the care of souls, and ought not to be diverted from the great duty of their functions : therefore, no minister of the Gospel, or public preacher, of any religious persuasion, whilst he continues in the exercise of his pastoral functions, shall be eligible to the office of Governor, LieutenantGovernor, or a seat in the Senate or House of Representatives.
Sec. 1. The executive authority of this state shall be invested in a Governor, to be chosen in manner following: as soon as may be, after the first meeting of the Senate and House of Representatives, and at every first meeting of the House of Representatives thereafter, when a majority of both houses shall be present, the Senate and House of Representatives shall, jointly, in the House of Representatives, choose, by ballot, a Governor, to continue for two years, and until a new election shall be made.
2. No person shall be eligible to the office of Governor, unless he hath attained the age of thirty years, and bath resided within this State, and been a citizen thereof, ten years, and unless he be seized and possessed of a settled estate within the same, in his own right, of the value of fifteen hundred pounds sterling, clear of debt.
No person, having served two years as Governor, shall be re-eligible to that office, till after the expiration of four years.
No person shall hold the office of Governor, or any other office or commission, civil or military, except in the militia, either in this State or under any State, or the United States, or in any other power, at one and the same time.
3. A Lieutenant-Governor shall be chosen at the same time, in the same manner, continue in office for the same period, and be possessed of the same qualifications, as the Governor.
4. A member of the Senate or House of Representatives, being chosen, and acting as Governor or Lieutenant-Governor, shall vacate his seat, and another person shall be elected in his stead.
5. In case of the impeachment of the Governor, or his removal from office, death, resignation, or absence from the State, the Lieutenant-Governor shall succeed to his office. And in case of the im. peachment of the Lieutenant-Governor, or his removal from office, death, resignation, or absence from the State, the President of thé Senate shall succeed to his office, till a nomination to those offices respectively shall be made by the Senate and House of Representatives, for the remainder of the time for which the officer so impeached, removed from office, dying, resigning, or being absent, as elected.
6. The Governor shall be commander-in-chief of the army and navy of this State, and of the militia, except when they shall be called into the actual service of the United States.