George Washington Flowers Memorial Collection DUKE UNIVERSITY LIBRARY ESTABLISHED BY THE FAMILY OF COLONEL FLOWERS jjM^l^'^^Jj^ Digitized by the Internet Arciiive in 2010 with funding from Duke University Libraries http://www.archive.org/details/constitutionofstOOsout TEE COWSTITUT iW THE STATE OF SOUTH CAROTJNA, AraiL 8, ISOl. ^Ve, the Peoplfi of llip. State, of Sutith Carolina, in Convention aaaeinhled, 'In wdain and establish this ConstlfHti(f)i,f(ii' the Gotermnent of the said iStufn : [ ARTICLE I. Section 1. The Legislative authority of t]u.^ . ("■HhlKTEIi, . ^ ' KlCHFiANn. ■ ■ ■ ' Lancastkk, IvEliSIUW, iSirMTKIi. ' ■^ AlJ!CEVrLT,F, Euoi'Fnii.u, Union, SPAKJAKcnjui, (heretoiVtre called Spartan.) (iKKKNVlLI.K, AKDVJirsoN, Ptckens^. j Sr. JNiATTm:\\ . OlWNdK, liAiiNwnrjTj, .l_(En:-;r;TON. S^f'TToN '1. Tlie Ixjiindarif's itf the Election l>i(?trict.s ;A\ai\ remoiii .'c+tlipy ■«.>\i'. lieretot'ore V)Oicn estoblislied; ^ !S.''(;TroN 5. Tko HouHe of Tle][freseutativfcs..'^b:dl eoEsist oC f)iie Jiunfe'cl* :i"d ^s oiitv-four Meinbiii-s, tu l^e appointed amoiig tlie r-o^-eral Eicotioii X'i - 1 lii-.ls oi the St;iie, n<;cording to the nuiabei- ol" wbitc mli.ubitimt§contaiiH^d. ii«d thV; aiiiovmt of nil taxes v:iis(>d byj,he J ii^gLslatiTi:e. Avhelher (bl-e'ct ov iv.dij-ect, ci' ol Nvliatevoi: :;peei(.s, iciid- hi each, djiidni.tiiig tlierefvoin all taxes i>aid oi'. aceoimt ol' iJiO]ievty lield in any otfel" Duitrict, ai«d addin;.; thoveto all taxes eLsewliei'o paid oii.nccoout o'f pi-oi>di-ty lield in ;such Di.^- tvict ; an euv.nieratiou of the white inJiabJiaiits,, ijor tihis piirpuse, was made ii the year one thoiu;and ejglit hiiudred ^uid iitty-iiine, and shall be made i rtln^ course, of every tenth yenr thereafter, in sijch. manner as. shall be b_> law dii-ected; and Represdn'tative.s ''shuU be. assjffhed ^o the different DIk^- ti.-icts, .in tilic above-mentioned proporti<.)n, by .Aet-iif tlie Li'-gislatiive, at the s v-siJ-ii Jiiimediately siieeeeding every yigiiiiei-uLion. S-z'TTON-tJ. if the eniimeratioii herein dirt'eted rtliorildjiot l)eiuade i:i the .•MiiT;ie of the»yei:r appointed for tht^ purpose, it; fc;hain)e tlie duty of tlie (;-/-•. frriment 1'") have it cfleeted as soon tJiereirlTor as '.h;d.l be praoficablo. tiimi xvnoN 7. In assigning LVpresentutiye?! to the rfevcval.Distriel^ of^thi.-; „„. e. the Ijegislalnre shall .show oae Jlepresoiitative lot'' every si?cly -^;ef.■o^ld p;ii-t oi the wJiole number of wbifee inhabitant;-! in the. Sbiio ; and one Eep- II M'litative. hIso, for every six.ty-see€>niL jmrt of the whoje taxes' v.'iised by tlif Legislatare of the State. The Legislature ^liall further idlow one Rej)- i.rseiii alive for siu^li fractions of the sixty -second part ox the white |h:jhaui L VIOL'S of tl.-.c Stale, .and of the sixty-seeoud partof the . taxes 3'ais«:;(|/ by the fjegidatu'-e nV the Stjite,' as wluui added together, from a mrit. ,SEc■'."IO^' 8. Ill every apportionment -of rej)rer!entation Trhich rfiall take i)iac6 after lh(^ lirst apportiofiment, tlu; amount of taxes ^hallbe e;4iTnated iVom. the; averiige of the ten preceding ycar.v.. ... Suction 9. If, in tlie apnortionmcnt of KepresentaUves, any Election District shall appear not lud'one Kej)- resentative : 'and if th(^ve .should lie still a deiiciency of tlu; numbor of Kepi-esenta/iives vcqnived by seetiou fifth, such defiei(>iu!y .shall be .supplied by a,ssip;-nin,i>: Representatives U^ those El,' the largest i;ui-]>lus ii'actions, jvhetlu^r those I'ractions consist f)f a eonibimtiuii of popu- lation and taxes, or of poimhition, or of taxes separately, until the number of one liuudred and tw('nty-lH)ur menibci-s be provided. " , RwTTON 10. No apportiouuient of Kej'i'cscntativefi shall be couvliiiied .to tvilce efVect, in auy manner, nnlil the general electioirv/hieh shall supceed svteh appof'ionnient. * 8eotton 11. 'The Senate shall be e'oni^iosed of one m(;inber froiii each - Election District, exeei)t the D-'strict foruied by fhe P;U'i.shes of 8t. J'hili]) and St. INIicliacl, t') v/ln'ch .';'nail be allowe^l two Senators as heretofore. • , SECTniN lli I'bo Hcnalois havincf been heret(jfore divided, by lot, inio* tvyo clas.scy, the ♦;euts of tlic (Senators of the first class sliall lie vacated at the expiraiiou of the ser< man of the; a.ye of twenty-one yeal's, pau- pers, and nou-comjllissit)ned oJllcers and i.»rivate, soldiers of the army f)f the Confederate States of Ameri-.'a, exc(^pted, vhn h.ith been a, citi/en and resi- dent in this St^ilo i\\t> velars nrevioiis to the day of election, and \vlio hath rt freehold of lifty :mres of land, or a town lot, of Avhioh he hath beei* leu'ally seized and pos-esscd at least .six nn )n I hs before .such electiim ; or hot havin.u' sneh freehold or towu lot, hath been a reijideni. in llu! .lOlection ' District, in which'hc olprK to ,'>ivo his vote, six months befoi^' Iho said clectioli, shtiU hav(! a rigl t to vote for a member; or membci-s, to servo j»i- oith'cr ]>ranch of the Leg datiirefor the Eicctionj I)jst.rict in wliicli liohnJiis siK'h inr>))erty, or is so ro ildent. ' _ ^ . ' • O'X'TioN l-i. 'Plio returjiu!;- otlicer, or any other pcmni pres-ijt, dBiitled to \ote, may refpiiro any porsou, who shall offer his vote at au I'-lfction, to lu'odiice a certificate of ijs ^-itr/c^nshi].!, .and otho.'- ([na.li(ic;djon, oiititliij^^ him to vote, or to sAvear, yc uilii-m, that ho is duly (jualiiied to vwte, ajn'e**^ a,bly to tliis Const itnticu!, Section 15. No ))er!^oii[ shall Ix^ cli,r:fible i<> .-i. seat in the lb)iise of }ie])re sentatives unless he is jj free while man, of tl'n^ at;e of t\veijly-(me'ycar.<, and hath been a citizen pnd resi("«ont in this State three ycai-s previous to his election. If a re^idebt in the Election District, ho shall not l)ttclij.;ibl<> to a seat in the Htjiise tif Kepi-csentatives unless he be legally .seized and ]>ossc' of ouc huu- ^ dred and fifty pounds, sterling, clear of debt. If a niMi-resideut, he .shall be legally seized and [lasse-si^ed of a .'.ettled freehold estate tin Toiu of the value <^f five Inuiilrt*! jjouuds. sterling, cle;ir of debt. SKcrroN 1<). No person sh-all la; eligible to a seat in the Senate unless he is a free whit* man, of the age of thirty yean^, and hath been a citizeu ami rgsident in tliis State five years prc\-iou8 to his election. If a rewi lent in the tieet ion 'District, he iriiall not bo eligible, unless he ,bc legally seized aud possessed, in his own right, of a settled freehold of tlui value <»{ three hundred p;c Senators now in office, whose term of service will not expire in tlie year one thousand eight hundred and sixty-two. Seotxox 1H. Tlie terms of office of the Senators and Melrtbers of the House of llt^presentatives shall begin on the Monday following a general election. < •. Section 19.- Ea/jh House shall judge of the elections, returng and quali- ficatious of its M(^mbers ; and a majority of each House shall constitute a quornm to do business ; but a smaller number may adjourn from day to day, and may be authorized to conTi)el the attendance of absent Members in such manner and under such penalties as may be provided by law. : Section 20. Each House shall choose, by ballot, its own officers, deter- mine its rules of proceeding, punish its Members for disorderly behavior, and with tiie concun-ence of two-thirds, exjiel a Member, but not a second time for the same cause. >iECTi0N 21. Each House may punishj by imprisonment during its sit- ting, any person not a Member, who shall be guilty of disrespect to the Hoiise by anydisorderly or con t(>mptneU8 behavior in its presence ; or who, duriiig the tiine 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 thcju thev(>i'or, or who shall assault or ar3;est any witness, or other per- son, ordtMvd to attend the House, in Ms going to or returning therefrom, ■', or who,, shall rescue any person arrested by order' of the Hou^e. Section 22. The Members of l/oth Houses' shaU be protected in their persons and estates during their atte,idan_ce on, going to, and returning from the Legislature, and ten days picrvioiis to tlxe sitting, and ten days" after the adjcnirnment of the Legislatiu-e. But these privileges shall not be extended so as tp ]irotect any Member who shall bo charged with treason, felony or breach of tlie peace. Section 253. Bills for raising a revenue shall originate in the House of Bepresentatives, but may be altered, af leuded' or rejected by the Sen£tte ;, • and all «)ther bills may originate in either House, and XQay be amended, \ altered or rejected by the other. ^ Section 24. No Bill or Ordinance shall have the force of law until it shall have been read three times, and on three several da;^s, in each House J has had the great seal affixed to it, and has been signed in the Senate House by the President of the Senate and Si)eaker of the House of Eepre- senii^ives. ^ SixTioN 25. No money shaU'be drawn out of the Public Treasury, but !by the legislative autlunity oi the State. • Section 2G. The IMembers of the Legislatm-c, who shidl assemble under • this Constitution, shall be entitled to receive out of the Pu:blic Treasuiy, for their expenses during their attendance on, going to and retnming from tlic Legislatx;re, the compensation now fixed by law ; and the same may be increased or diminished by law, if circnmstances shall require ; but no alteration shall be made by any Lep;islature to take effect during the exist- ence of the Legislaturi' which shall nialcc such alteration. SE(rrioN 27. Neither House, during their session, without the .consent of the other, shall adjourn for more than three days, nor-to any other place than that in which tho two Houkcs shall be sitting. SEfiTiON 28. No Bill or Ordinance, which shall have been rejected by either House, shall be brought in again during the sitting, Avithout leave of the House, and notice of six days being previously given. ^ Section 29. No person shall be eligi1)lc to a seat in the Legislature whilst he holds any office of profit or trust under this Statt^, the Confederate States of America, 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 navj' of tliis State, the Confederate States of America, or either of them, or the agents of such contractor, be eUgible to a seat in either House. And if any Member shall accept or exercise any of the said discpialifjdug offices he shall vacate his seat. Sectton 30. If huj Election District shall neglect to choose a Member, or Members, on the day of election, or if any .person chosen a Member of cither House should refuse to qualify and take his seat, or shoidd die, de- part tho State, or accept any disqualifjing office, a "writ of election shall be issued by the President of the Senate or Speaker of the House of Repre- sentatives, as the case may be, for the purpose of filling up the vacancy thereby occasioned, for the remainder of the term for wliich the person so refusing to qualify, d.^-ing, departing the State, or accepting a disqualify- ing office, was elected to serve. Section 31. And whereas the ministers of the Gospel are, by theu- pro- fession, dedicated to flie ser\dce of God and the cure of souls, and ought not to be diverted from the gi-eat duties of their function ; therefore, no minister of the Gospel, or pubhc preacher of any reUgious persuasion, whilst he continues In the exercise of his pastoral functions, shall be eUgi- ble to the office of Governor, Lieutenant-Governor, or to a seat in the Senate or House of Representatives. AIPITIOIjE II. Section 1. Tho Executive authority of this State shall be vested in a Governor, to be chosen in the manner follo^Ndng: As soon as may be after the first meeting of the Senate and Housjc 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 Khali jointly, in the House of lleprosontatives, choose by ballot a Governor, to continue for two years, and uiftil a new election shall be made. Section 2. No person shall be ehgiblc to the office of Governor unless ho hath attained the age of tliirty years, and hath resided within the State, and l)een a citizen thereof ten years, and unless ho be seized and possessed of a setth'd estate within the sauu', in his own right, of tho value of fifteen hundred pounds, sterUng, clear of debt. • No person having served two years as Governor shall be re-eligible to that office till after the expu-atiou of four years. No jienson shall IkjW the office of Crovernor and any other office or C(hn- mission, ci^-ii or military, except in tho oajlitia, either m this State or undei ,he ConWorato St*, of Amenc:,, ur .i,k.r of U.cm,.o. unrt.. ..y cthA power. Ill Olio i>«rli-.u -liWR '■':;.^'^^'^^'';'->' ^^.,,,,.. ii,,.^ gliaU be called- ivvof this Slate, aiuV of th« •n'V^^^^^ ^^l!'^ L'L'^\V3S. SS. ^ai::^i;::'of tlJ7i.i.dera.e «ta.e.o^^^ ^^^^^.^^ 3ectk,.7. He sh^xn have power to gran ^.^njv,^^^ «ueh t.rm., ^x^sjr^-^s^tSSJ^n^^^^ ? V^^^' ^- "SL 9. niohaU 1..;.. ^ oh.bit ij.e exportution of providuns. Section I . Hh .•* . 1 ' ^i„iii,i,hed, during the period saricn, which sha.ll bo I' ^ .fo^whichhe^lmllhav. "l^K^ecudvo ]:)epaVtmeht, when .^quired rel>»tiHVi t:> the .>H>Mive ^"'^'7^ . ^, -^ jjo ^^^^ Grtioral SKCTiok^2. The GoYelU^v .h.lL ivom ^^^10 to- time M^e ^^^J "^ ^J Assembly luformatio. of ^l- <^o.tu^^.>. U^S^ ..o.pedicut then- ca)j8xdta-iition mrh •• — > e:^ .is ne ^mi.ui .iii^^o ^,,^...-. ^^[^^ Geu(;ral Assembl;?: .nd Ju c... .. >' .'■<^'^'^^*. ^^^f ,*^S.h^l^as^e^ «1^^ respeefcto the ame ot^ul3\.r.Wlm. .ni.^u(t3<-Hr-^^^ tliiuk proper, not beyond the iu aiLh Moiaby m tliv. mouiu o then eubuing. AETIOI/Blff. . H.moK 1. The inaieial IV'^-.^ljod be wsted m ku.^ t^^^T^. "^ rior Courts ol Law ardEq, it y ^^the J^'^^'J^!;^'^ ,5,1 their commissions direct and establish. ^J'he jmlge,- ^ i' i^Sm crior Oonrts shall, at .tated during good behavior; and Judges <^ ,/j^\^.%^;,\"'XJ shall neither h^ times, receive a compeusal Aon lor tiuu '7. \ ,.,'•„*«,.,.. v,ut they sliall increased nor dimini^.ed ^ ..ruig i In. -^^^^^l^ ^tli' office o/piofi receive no fees or perquis ites ot oth ^''' J" ' ^^'i „% i^erica, or any otheiJ or trust, under this Htate, the Conlea erate bLates ot Ameiica, ox j j power. eu , TioN 2. The stylo of all pTocosses sliall bo, VTlio Siate of S<.utk Cavo- All i)rosecntions shall tie carn'ed on in the name and by t.lie antbority !.o State of Hontb Cavolina, and conHiuU' — '"Against tlio jjeaco anil I'-y of tlio sainr.'' AirncLK r\'. All ]iev.soi)s Avlu) .sliall br elo(\tv.Ml or app iinled to any <)l5i(\T of prt)fit or ' trnst; bct'o've «^nteri]ig- on tli^ exuentum thevoof. sliall take (l)(,^sidas speci^tl oatlis not reitiiguaut ti) this Goiistitntion; pixisscjubeci 1\y thp^ejicn-aliVssom- bly,) tho following oath : "lilo soleinuly swo.'u- 'tr affirm). tliat I ^vij] be faithfxii, aixl true aUegianco hear to tlio State of S(jat.h C-aroliua, so Ion" as I may (^onrinue a citizen tboi-cSt' : and that I am ilnly. ^nalilied, accordiu to the Constitution of this Stalg, to evcrcise the <,)tf\oi- to AvhitOi I have been apjjointed ; a,n(l that J will, to flije bent of iny abtiUty, diinciiargv^ the duties therieof, iiud preserve, protect and defcud tlie Coiistitucion of this State, tjand that of the Confederate State^f Atueri«H.: So kelp me God." m;; N I,,.; y. Sf.( rioN 1. 'Llic H-iiiM- . ii Ju'Mii sciitaii y..'s slinll hri,vo tbe sole iiowev of impeachhig ; but no imprsR-hment shall be made, nu'less with the eoncnr- renco of two-Hiirds of the House of l\(4)3vsinitativps. . . » Section 2. All iinpeai.'huients shjdl be tried by the Senate. V/hn^n sit- ting "for that purpose, the Senators shall bo on oath, or^iffil-mation, and no person shall be convicted -w-ithout the concurrence of two-tliirds <^ the Mcnibcrs iffesent. / . . - Skctio.v o. . The" (rovernor, Licutemint-Cjovevnor, and j-Jl civil oiHceiv •'-h-dl be liable to impe^ichm/fiat for higJu'ri"mcs and mi.sdoiaoj'.nors, f or iiny 'M.-havior in olliee. for corruption in >;in-ocurin{{ oftic^, or for any act u shall dev;radc their oinciid ckviaciier. pi't judgment in 3uoh ctiscs .".j.iil not ext-end f«i'ther than, to icmoval fi^oju tliUce' and; disgualiticntion't') hold any bftite of honor, trrst or pvojit uurPpv tl-is State. The party con- victed sludl, uevyrtheles.*, bo liable '.m iubctmeril. tri;ii, jiidgmentand pun- i^islviuilit, acconliug to laA>. - SiXiMov. -L All civil oliii;ers, wlius:> .-! ; i ' U.wJ ry iis liouted to Asm.trle Elec- tion "Dictritjr, a xinglo-lmlicial District j, part of (Either, shall b;-:\|^)oiuoed, hold their ojJicc, bi> removed from office ,uiiriU4i<;ldicion to liiibiTity ro itn- peachrnent. mn} i-c jmuished for o!ii..'i(Tlv.rMi-,C(»iidWi lu •^uch.ijPiMuuor as the L'.'jpsia.lure. pr. ticms t%their :i"o))M;iiTi!M . .!■■. .'......:.. Si:(rrjo\ iSftJ!** ajiy civil odicer isball I. rginc'- tt!'^ (Intie.-. c,)' in.i t)'Vn^-., mv rtasuo of any jj intirnniv, his ofi'ic" mviA be«>'•/, That r,uch rasohitJon shalkcoxnaiji vtij|'yiv,c proposed '•^emnv;'1. ;iTid. bf-'^orc it «hrll pa'.«< '■■thcr H'i'i^'t-,' cojiv i h-, pcrvcd . .v.ri,<),N 1. Ibc .Ind^.,:, «.:. (lie Sn])nTi<-. (..*■<•. . .• '. ...iiitw -.i..;,!. •,.■,>•? (he "Treasury, S(>litre. i tary distinction, nor create any office, the appointment to which .siiiiU Li for any longer time than dm-ing good behaA-ior. Section 6. The.trial by jury, as heretofore used in this State, and- tho Uberty of the press, shall be forever inTi< ilably preserved. Section 7. The rights of primogeniture shall not be re-estabUshod, and there shall not fail to be some legislative proA-ision for tho equitiiblo dis- tribution of the estates of. intestates. AJRTICLE X. Section 1. The business of the Treasury shall be in future conducted by 'J two Treasurers, one of wliom shall hold his office aucl reside in Golumbiai the other shall hold his office and reside in Charleston. SsIOTiON 2. The Secretary of State and the Surveyor^General shall hold their, offices both in Columbia and Charleston. They i^all reside at one place, and their dei)utie3 at the other. Section 3. The Judges shall, at siteli times and places as shall be pre- scribed by Act of the Legislature of this State, meet and sit, for the jjur- pose of hearing and determining all motions which may be made for new trials, and in arrest of judgment, and such points of law as may be sub- mitted to them. Section 4. The Governor shall always reside, during the sitting of the Legislature, at the place where their Session may be held; and at all other times wherever, in his opinion, the public good may require. AKTIGLI5XL Section 1. No Convention of the People shall be called, unless by the concurrence of two-thirds of both brandies of the whole Kepresentation. Section 2. No part of thfs, Constitution sbidl be altered, unless. a bill to alter th«,same shall have been read, on three several days, in the House of Representatives, aud*on three several days in the Senate, and agreed to at the second and- third readings, by two-thirds of the whole Representation in each branch of the Legislature ; neither shall any alteration take place until the bill so agreed to, be published three mouths i)revious to a new election for jNIembers of the House of Representatives ; and if tlie altera- . tion propos(>d by the Legislature shall be agi'eed to, in their first Session, by two-thirds of the whole Represeiitation, in each branch of the Legis- latur(;, after the same shaU have been read "on three several days in each House, then, and not otherwise, the same shall become . a j^art of the Con- stitution, j Done in Convention at Charleston, in the State of South Carolina, the eighth day of April, in the year of our Lord one thousand eight hun- , di-ed and sixty-one, and in the eikhty-fifth year of the sovereignty of the State of South Carolina. ' Df F. JAMISON, President,, Attest : B- F. Arthur, Clerk. t » «.