Sidebilder
PDF
ePub

officer. No person shaft be eligible to fit in the hduse of representatives, unless hebeof.theProteihnt.religion,'an«i hath beenaresident in this state for three years, previous tahis election. The qualification of the elected* if residents in the p.vish or district.far which they sha-ii te. returned, shall ba the fame as mentioned in the election act, and construed to mean clear of debt. But no nonresident shall be eligible to a scat.in the house of representatives, unless he is owner of a settled estate and- freehold, in his own right, of the value of three thousand and five hundred pounds currency at least, clear of debt, in the parish or district for which he is elected.;'

: 14. That if any parish or district neglects or resuses to elect members; or if the members chosen do not meet in general assembly; those who do meet shall have the powers of the general assembly. Not less -than finty-nine members shall make a house of representatives to do business-; but the speaker, or any seven members, may adjourn from day to day.

15. That at the expiration of seven years after the passing of this constitution, and at the end of every fourteen years thereafter, the representation of the whole state shall be proportioned in the most equal and just manner, according 40 the particular and comparative strength,, and taxable property, ot the different parts of the same; regard being always had to the number of white in* habitants, and such taxable property. ...

16. That all money-bills for the support of government, shall originate in the house of representatives, and shall not be altered or amended by the senate, but may be rejected by them: And that no money be drawn out of the public treasury, but by the legislative authority of the state. All other bills and ordinances may take rise in the senate or house of representatives* and be altered* amended, or rejected by either. Acts and ordinances- having passed the general assembly, shall have the great seal affixed so them, by a joint committee of both houses, who shall, wait upon the governor to receive and return the seal; and shall then be signed by the president of the senate, and speaker of the house of representatives, in the senate house, and shall thenceforth have the force and validity of a law, and be lodged in the secretary's office. And the senate and bouse of representatives respectivelyr.shali-en* joy all other privileges which have art any time been claimed, ot exercised by the .commons house of assembly. , ..-*.. - v!

17. That neither the senate nor house of representatives shall have power to adjourn themselves for any longer time than thre» days, without the mutual consent-of both. The governor and commanderin chief shall have no power to-adjourn, prorogue, oc dissolve them', but may, if necessary, by and-wkh tte axmewami consent of the privy-council convene them, before thsttime td which they shall stand adjourned. And where a. bill--hath been

rejects rejected by either house, it shall not be brought in again that seffion, without leave of the house, and a notice of six days being previously given.

18. That the senate and house of representatives shall each chafe their respective officers by ballot, without corttroul. And that* during a recess, the president of the senate, and speaker of the house of representatives, shall issue writs for filling up vacancies, occasioned by death in their respective houses, giving at least three weeks, and not more than thirty-five days previous notice, of the time appbinted for the election.

Iq. That if any parish or district shall neglect to elect 4 member or members, on the day of election; or in case any person chosen a member of either house, shall resuse to qualify and take his feat as such, or die, or depart the state; the senate or house of . representatives, as the case may be, shall appoint proper days' fbr *» electing a member or members, in such cases respectively.

20. That if any member of the senate or house of representativesj , shall accept any place of emolument* or any commiffion [except in the militia, or commiffion of the peace), and except as is excepted in the tenth article, he shall vacate his seat, and there shall thereupon be a new election; but he shall not be disqualified from, serving, upon being re-elected, unless he is appointed secretary of the state, a commiffioner of the treasury, an officer of the customs, register of mesne conveyances, a clerk of either of the courts of justice, sheriff, powder-receiver, clerk of the senate, house of representatives, or privy council, surveyor-general, or commissary of military stores ;• which officers are hereby declared disqualified .from being members either of the senate or house of representatives. 21. And whereas the ministers of the gospel are, by their proseffion, dedicated to the service of God, and the cure of souls, and ought not to be diverted from the great duties of their sunction; therefore, no minister of the gospel, or public preacher, of any religious persuasion, while he continues in the exercise of his pastoral sunction, and for two years after, shall be eligible eitHer as governor, lieutenant-governor, a member of the senate, house of representatives, or privy council in this state.

2»i That the delegates to represent this state in the congress of the united states, be chosen annually, by the senate and house of representatives, jointly by ballot, in the house of representatives. And nothing contained in this constitution, shall be Construed to extend to vacate the seat of any member^ who is Or may be a delegate from this state to congress, as sucli.

23. That the form of impeaching all officers of the state, for mal and corrupt conduct in their respective offices, nos amenable to any other jurisdiction, be vested in the house of representatives: But, that it shall always be necessary, that twothird parts of the members present do consent to, and agree in,

T . *suca

,such impeachments, That.the senators and such of the judges of

'thisstate, as are pot members of the house of'representatives, be a court for the trial osimpeachrhents, under such regulations as the

. legislature lhaJl establish: And that, previous to the trial of every Impeachment, the members of the said court shall respectively be

[iwQr.n, truly and impartially to try and determine the charge in Question, according to evidence. Aries ho judgment of the said

"sbijrt, except judgment of acquittal, shall be valid, unless it shall

."Jbe .asi'en.t^d'.Jo by two-third parts of the members then present.

"And bn every trial,'as well on impeachments as others, the party ac,c,use.d shall^e -allowed counsel. .',:"•.£♦• 7|h.at tlie lieutenant-governor of thestate, and a majority

"of the privy-council,' for the time being, lhall, until otherwise altered by the legislature, exercise the powers of a court of chancery. And there shall be ordinaries appointed 'in the several districts in this state, to be chosen by the senate and house of representative* jointly, by ballot, in the house of representatives, who (hall, within their respective districts, exercise the powers heretofore exercised

"by the ordinary: And until such appointment is made, the present

.ordinary, in Charlestown,; shall continue to exercise that office as heretofore.

*~ V^j' That the jurisdiction of the court of admiralty be consined to maritime causes. \t. .'

".,*Y4fc That justices of the peace shall be nominated by the senate and house of representatives, jointly, and commiffioned by the governor and commander in chief, during pleasure. They shall bit in titled to receive the sees heretofore established by law j anil riot acting in the magistracy, they shall not be.intitled to the privileges allowed to'them by law.

27. That all other judicial officers shall be chosen by ballot, jointly, by the senate and house of representatives, and, except the

. judges of the court of chancery, commiffioned by the governor and commander in chief during good behaviour; but shall be removed oii address of the senate and house of representatives.

28'. That the sheriffs,, qualified as by law directed, shall be chosen in like manner, by the senate and house of representatives, when the governor, lieutenant governor, and privy council are'

.-ihoscri, and commiffioned by the governor and commander in chief for two year?, and shall give security, as required by law, before .they enter on the execution of their office. No sheriff who shall have served for two years, shall be eligible to serve in the sa'id office, afrer the expiration of the said term, until the sull end and teFmof four years, but shall continue in office until such choice be rnade: Nor shall any person be eligible as sheriff, in any district, unless he shall have resided therein for two years, previous to theclcction.

29. That two commiffioners of the treasury, the secretary of

'the the state, the registers of mesne-conveyances in each district," attorney general, surveyor generals powder-irece'rver:, collectors arid comptrollers of the customs, and waiters,bechofeh in like manner, by the senate, and house of representatjves^oiHtiyV by ballots irt the house of representatives, and commiffidhed'by the governor and commander in chief, for two years. THa'* none xbf Wierfafd! officers respectively, who shall have served for four years, shall be eligible to serve in the said offices, after the expiratiori'of the said" term, until the sull end and term as four years, but shall continue: in office until' a new choice.!)^'made: Provided, that nothing herein contained, shall extend to the several'persons apposnftd to the above offices respectively, under the late constitution. And that the presents and all ftrfure commiffioners os'the treastiry, afid powder receivers, shall each give bond, With approved security, agreeable to law. /'". . .-->.'.• . " •. >

30. That all the officers in 'the army and navy of this state, of and above the rank of czyt&tf\-fhb\\ Pe chosen'bythe senate and house of representatives,' jointly,' ^y'batloty in^the House of repre> sentatives, and commiffioned by the governor' and commander in chiefs and that all other officers in: the afroy.ahd navy of this state} shall be commiffione'd By^the^goVftnbr and commander in

Chief. • --'. • '>' ,f. .':.!•. '..;:. *.~..:i\'r^i i;l:if:. .. .'

31. That in case of vacancy^ irt^anV of the offices above directed to be filled by the senate and house of representatives, the governor and commander in chief, with the advice and consent ofthe pfiVjr council, may appoint othersiin' their stead, until there shall bean election by the senate and house of representatives to fill those vacancies respectively. . . '•

32V That" the governor and commander in chief, with the advice and consent of the privy council, may appoint, during pleasure, until otherwise directed by law, all other necessary of•ficers, except such as are now by law directed to be otherwise "•chosen. .' • .".' ••.,:. ! A

33. That the governor and commander in chief shall haveno power to commence war, or conclude peaces or enter intoany^final treaty, without the con sent of the senate and house of representative?.

34. That the resolutions of the late-congresses of this state, and all laws now of force here (and not hereby altered), shall so con

'tinue, until altered or.repealed by the legislature of this state, unless "where they are temporary, in which case they shall expire, at the "times respectively limited for their duration. '35. That the governor and commander in chief fpr the time

being, by and with the advice and consent of the privy council, 'may lay embargoes, or prohibit the exportation of any commodity, 'for.any time, not exceeding.thirryrdays, in the recess of the general

assembly. . .".' ;•'-* -'." '•' f'.'"." "'• ".••»

'"; 76. Thatail persons who shall be chosen and appointed to.any »*•-tTu''»• T2 cifice, office, or to any place of trust, civil or military, before entering Upon the execution of office, shall take the following oath:

[graphic]

"I, A. B. do, acknowledge the state of South-Carolina to be a f*eOj independent, and sovereign state, and that the people thereof ewe no allegiance or "obedience, $o George, the Third, king of Great Britain: And I dp tenouftce, resuse, and abjure, any allegiance or pbedtience ta hjm: And I do swear or affirm (as the <jase may be) that I.wilJ, to th&utmost of my power, support, maintain and desend the said stajte,,against the (aiding George the Third, and his heirs and successors, and his, or their abettors, affistants, and adherents, and will serve the said state in the office i>( . . with fidelity and honour, and according so the

best of my skill and understanding. So help me God."

32. That adequate yearly salaries be alloweo to the public officers of this state, and be fixed by law.

38. That all persons and-religious societies, who acknowledge that there is one God, and a future state of rewards and punish^ ments, and that God is publicly to be worshipped, shall be freely tolerated. The christian Prowstarit religion shall be deemed, and is hereby constituted and declared to be the established religion of *bis state. That all- denominations ©f christian Protestants in this state, demeaning themselves peaceably and saithsully, shall enjoy ieqUal religious and civil privileges. To accomplish this desirable purpose, without injury to the 'religious property of those societies of christians, which are by law already incorporated, for the purpose of religious worship; and to put it sully into the power of ttyery other society of christian Protestants, either already formed, or hereafter to be formed, to obtain the like incorporation, it is. hereby constituted, appointed, and declared, That, the respective societies of the church of England, that are already formed in this Jtate, for the purposes of religious worship, shall still continue injtorponate, and hojd the religious property now in their posseffion. And that, whenever fifteen or more male persons, not' under •twenty-one year* of age, profeffiog- the christian Protestant religion, and agreeing to unite themselves in a society,, for the purposes of religious worship, they shall, (on complying with the ;te«ra5 hereinafter mentioned) be, and be constituted, ai church, and be esteemed and regarded in law, as of the-established religion, of the state, and on a petition to the legislature, shall be intitled to be incorporated, and* to enjoy equal privileges. That every society of christians, so formed, shall give themselves a, name or denomir hatien, by which they sljall be called, and known in law j and all tibstt associate with them for, the poepeses of worship, shall be esteemed as belonging to the society so called: But that, previous 1 rathe establishment.and incorporation of the ((effective societies of every denomination as aforesaid, and in order to indtJe.tliem ckercto, each society .so. petitioning,, shall; haye agreed to, and ,". rf. j -, I' subscribed,

« ForrigeFortsett »