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the great duties of their function.; 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, Lieutenant Governor, or to a seat in the Senate, or House of Representatives.
I. The executive authority of this State shall be invested in a Governor, to be chosen in manner following' i 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 .auri Hmise. cf.. Representatires 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.
II. No person shall be eligible to the office of Governor, unless he hath attained the age of thirty years, and hath 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 15001. 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, and 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 any other power, at one and the same time.
III. 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.
IV. A Member of the Senate or House of Representatives, being chosen, dnd acting as Governor or Lieutenant Governor, shall vacate his seat, and another person shall be elected in his stead.
V. In case of the impeachment of the Governor, or h's removal from ofjice, death, resignation, or absence
from the State, the Lieutenant Governor shall succeed to his office. And case of the impeachment of the Lieutenant Governor, or his removal from ofiice, death, resignation, or absence from the State, the President of the 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, was elected.
VI. 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.
VII. He shall have 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.'
VIII. He shall take care, that the laws be faithfully executed in mercy.
IX. He shall have power to prohibit the exportation of provision, for any time, not exceeding thirty days.
. X. He shall, at stated times, receive for his services, a compensation, which shall neither be increased or diminished, during the period for which he shall have been elected.
XI. AH officers in the executive department, when required by the Governor, shall give him information in writing, upon any subject relating to the duties of their respective offices.
XII. The Governor shall, from time to time, give to the General Assembly information of the condition of the State, and recommend to theirconsideration such measures as he shall judge necessary or expedient.
XIII. He may, on extraordinary occasions, convene the General Assembly, and in case of disagreement between the two Houses with respect to the time of adjournment, adjourn them to such time as he shall think proper, not beyond the fourth Monday in the month of November then ensuing. AR•
I. The judicial power shall be vested in such Superior and Inferior Courts of Law and Equity, as the Legislature shall, from time to time, direct and establish.
The Judges of each shall hold their commissions during good behaviour; and Judges of the Superior Courts shall, at stated times, receive a compensation for their services, which shall neither be increased or diminished, during their continuance in office; but they shall receive no fees, or perquisites of office, nor hold any other office of profit or trust, under this State, the United States, or any other power.
II. The style of all processes shall be, " The State ef South-Carolina."—All prosecutions shall be carried on in the name and by the authority of the State of South-Carolina, and conclude—" Against the peace and dignity of the same."
ARTICLE IV. All persons, who shall be chosen or appointed to any office of profit or trust, before entering on the execution thereof, shall take the following oath: "I do swear, [or affirm] that I am duly qualified, according to the Constitution of this State, to exercise the office, to which I have been appointed, and will, to the best oF my abilities, discharge the duties thereof, and preserve, protect, and defend the Constitution of this State, and of the United States."
I. The House of Representatives shall have the sole power of impeaching; but no impeachment shall be made, unless with the concurrence of two-thirds of the House of Representatives.
II. All impeachments shall be tried by the Senate. When sitting for that purpose, the Senators shall be on oath, or affirmation; and no person shall be convicted without the concurrence of two-thirds of the members present.
III. The Governor, Lieutenant-Governor, and all the civil officers, shall be liable to impeachment, for any misdemeanor in office; but judgement in such cases
shall extend further than to a removal from office, and disqualification to hold any office of honour, trust, or profit, under this State.—The party convicted shall nevertheless be liable to indictment, trial, judgment, and punishment, according to law.
I. The Judges of the Superior Courts, Commissioners of the Treasury, Secretary of the State, and Surveyor-General, shall be elected by the joint ballot of both Houses, in the House of Representatives. The Commissioners of the Treasury, Secretary of the State, and Surveyor-General, shall hold their offices for four years: but shall not be eligible again for four years? after the expiration of the time for which they shall have been elected.
II. All other officers 6hall be appointed, as they hitherto have been, until otherwise directed by law ; but Sheriffs shall hold their offices for four years, and not be again eligible, for four years after the term for which they shall have been elected.
III. All commissions shall be in the name, and by the authority of the State of South-Carolina, and be sealed with the seal of the State, and be signed by the Governor.
ARTICLE. VII. All laws, of force in this State, at the passing of this Constitution, shall so continue, until altered or repealed by the Legislature, except where they are temporary, in which case they shall expire, at the times respectively limited for their duration, if not continued by act of the Legislature.
I. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever hereafter, be allowed within this State to all mankind; provided, that the liberty of con.science, thereby declared, shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State.
II. The rights, privileges, immunities and estates of both civil and religious societies, and of corporate bolt. 2 dies
dies, shall remain as if the Constitution of this State had not been altered or amended.
I. All power is originally vested in the People j and all freeGovernments are founded on their authority, and are instituted for their peace, safety, and happiness.
II. No freeman of this State shall be taken or imprisoned, or disseized of his freehold, liberties or privileges, or outlawed, or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the judgment of his peers, or by the laTM of the land ; nor shall any bill of attainder, ex Jiost ,/i'cto law, or law impairing the obligation of contracts, ever be passed by the Legislature of this State.
III. The military shall be subordinate to the civil power.
>■ . IV. Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted.
V. The Legislature shall not grant any title of nobility, or hereditary distinction, nor create any office, the appointment to which shall be for any longer time than during good behaviour.
VI. The trial by jury, as heretofore used in this State, and the Liberty of the Press, shall be forever iavioiablv preserved.
I. The business of the treasury shall be, in future, conducted by two Treasurers, one of whom shall hold his office, and reside at Columbia; the other shall hold his ofrice, and reside at Charleston.
II. The Secretary of State, and Surveyor-General, ,«hall hold their offices both in Columbia and in Charleston. They shall reside at one place, and their Deputies at the other.
III. At the conclusion of the circuits, the Judges !.ha'.l meet and sit at Columbia, for the purpose of hearing and determining all motions, which may be made for
* new trials, and in arrest of judgments, and such points of law, as may be submitted to them. From Columbia, they shall proceed to Charleston, and there hear and determine all such motions for new trials, and in arrest of