Who shall not be eligible to the Senate.

Senate divided

St. Mathew and Orange,

Winton, including the district between Savannah

Sec. 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.

Sec. 9. Immediately after the senators shall be assembled, in consequence into two classes of the first election, they shall be divided by lot, into two classes. The

and how.

Members of legislature

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 expiration of the fourth year; so that one half thereof, as near as possible, may be chosen for ever thereafter, every second year, for the term of four years.

Sec. 10. Senators, and members of the house of representatives, shall be chosen on the second Monday in October next, and the day following;

OF

and on the same days in every second year thereafter, in such manner, CONSTITUTION and at such times, as are herein directed, and shall meet on the fourth S. CAROLINA. 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 when chosen, of war, or contagious disorders, should render it unsafe to meet there; when to meet 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.

and where.

elections how

Sec. 11. Each house shall judge of the elections, returns, and qualifica- Validity of tions of its own members; and a majority of each house shall constitute a determined. quorum to do busines; but a smaller number may adjourn from day to Quorum. 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.

from day to day.

Sec. 12. Each house shall choose by ballot its own officers, determine its Adjournment rules of proceeding, punish its members for disorderly behaviour, and Each house to with the concurrence of two thirds, expel a member, but not a second elect their owr

time for the same cause.

officers.

Sec. 13. Each house may punish, by imprisonment, during its sitting, Powers of the any person, not a member, who shall be guilty of disrespect to the house, by house to punish any disorderly or contemptuous behaviour in its presence or who, for contempt. during the time of its sitting, shall threaten harm to body or estate of any member, for any thing 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.

Sec. 14. The members of both houses shall be protected in their per- Privileges of sons and estates, during their attendance on, going to, and returning from, the their estates. legislature, and ten days previous to the 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.

Revenue bills.

Sec. 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, Other bills.

altered, or rejected by the other.

What shall give

Sec. 16. No bill or ordinance shall have the force of law, until it shall the force of a have been read three times, and on three several days, in each house, has law. 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.

Sec. 17. No money shall be drawn out of the public treasury but by the No monies

legislative authority of the state.

drawn from treasury but by

Compensation to members.

Sec. 18. The members of the legislature, who shall assemble under this legislature. 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.

Sec. 19. Neither house, during their session, without the consent of the Adjournment other, shall adjourn for more than three days, nor to any other place than of houses. that in which the two houses shall be sitting.

CONSTITUTION

OF

Sec. 20. No bill or ordinance, which shall have been rejected by either S. CAROLINA. house, shall be brought in again during the sitting, without leave of the house, and notice of six days being previously given.

Regulation

about bringing

in bills &c.

once rejected. What persons are excluded

from

legislature.

How vacancies

shall be filled.

Sec. 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.

Sec. 22. If any election district shall neglect to choose a member or in legislature members on the days of election, or if any person chosen a member of either house should refuse to qualify and take his seat, or should die, depart the state, or accept of 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 serve.

Clergymen excluded.

Executive. How chosen; for 2 years.

Qualification of governor.

Sec. 23. And whereas the ministers of the gospel are, by their profession, dedicated to the service of God, and the cure of souls, and ought not to be diverted from 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.

ARTICLE II.

Sec. 1. The executive authority of this state shall be vested in a governor, to be chosen in the 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.

Sec. 2. No person shall be eligible to the office of governor, unless he hath attained the age of thirty years, and hath resided within the 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 reeligtble to

Not re-eligible that office, till after the expiration of four years.

for 4 years. Disqualification.

Lt. Governor how chosen &c.

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.

Sec. 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.

OF

Sec. 4. A member of the senate or house of representatives, being CONSTITUTION chosen, and acting as governor or lieutenant-governor, shall vacate his S. CAROLINAseat, and another person shall be elected in his stead.

vacates his seat

Sec. 5. In case of the impeachment of the governor, or his removal from office, death, resignation, or absence from the state, the lieutenant- Member of governor shall succed to his office. And in case of the impeachment of legislature the lieutenant-governor, or his removal from office, death, resignation, or on being absence from the state, the president of the Senate shall succeed to his elected office, untill a nomination to those offices respectively shall be made by governor or Lt the senate and house of representatives, for the remainder of the time Impeachment for which the officer so impeached, removed from office, dying, resigning, of governor or or being absent, was elected.

governor.

Lt. Governor.
Vacancies how

Sec. 6. The governor shall be commander-in-chief of the army and filled. navy of this state, and of the militia, except when they shall be called Governor to

into the actual service of the United States.

command army &c.

Sec. 7. He shall have power to grant reprieves and pardons, after Máy grant conviction, except in cases of impeachment, in such manner, on such terms, pardons, &c. and under such restrictions, as he shall think proper; and he shall have power to remit fines and forfeitures, unless otherwise directed by law.

Sec. 8. He shall take care that the laws be faithfully executed in Shall execute mercy.

the laws. May prohibit

Sec. 9. He shall have power to prohibit the exportation of provisions, exportation of

for any time not exceeding thirty days.

provisions.

Sec. 10. He shall, at stated times, receive for his services a compen- His sation which shall be neither increased or diminished during the period compensation. for which he shall have been elected.

Executive

Sec. 11. All officers in the executive department, when required officers shall by the governor, shall give him information in writing, upon any subject give informarelating to the duties of their respective offices.

tion to govern

or.

Sec. 12. The governor shall, from time to time, give to the general Governor shall assembly information of the condition of the state, and recommend to give informatheir consideration such measures as he shall judge necessary or expedient. bly.

tion to assem

Sec. 13. He may, on extraordinary occasions, convene the general May convene assembly, and, in case of disagreement between the two houses with Gen. Assemb. respect to the time of adjournment, adjourn them to such time as he shall on extraordina think proper, not beyond the fourth Monday in the month of November and adjourn then ensuing.

ry occasions,

legislature when they cannot agree.

ARTICLE III.

Courts of law

Sec. 1. The judicial power shall be vested in such superior and infe- Judiciary. rior courts of law and equity, as the legislature shall, from time to time, and equity.

direct and establish..

commis

The judges of each shall hold their commissions during good behaviour; Judges shall and the judges of the superior courts shall, at stated times, receive a compen- sions during sation for their services, which shall neither be increased or diminished good behaviour, during their continuance in office: but they shall receive no fees or receive comperquisites of office, nor hold any other office of profit or trust, under this pensation and state, the United States, or any other power.

disqualified

from holding

Sec. 2. The style of all process shall be, "The State of South Caro-any other lina." All prosecutions shall be carried on in the name, and by the au-office. thority of the State of South Carolina, and conclude-" against the peace and dignity of the same."

Stile of process

CONSTITUTION

OF

S. CAROLINA.

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 of office. 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 there of, and preserve, protect, and defend the constitution of this state, and of the United States."

Representatives shall impeach.

Senate to try

ARTICLE V.

Sec. 1. 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.

Sec. 2. All impeachments shall be tried by the senate. When sitting impeachments. 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.

Who liable to

Sec. 3. The governor, lieutenant-governor, and all the civil officers, impeachment. shall be liable to impeachment for any misdemeanor in office; but judgecase of convic.ment in such cases shall not extend further than to a removal from of

Punishment in

tion.

How officers

fice, and disqualification to hold any office of honour, trust, or profit, under this state. The party convicted shall, nevertheless, be liable to indictment, trial, judgement, and punishment, according to law.

ARTICLE VI.

Sec. 1. The judges of the superior courts, the commissioners of the shall be elected. treasury, secretary of the state, and surveyor general, shall be elected some commis- by the joint ballot of both houses, in the house of representatives. The

Limitation of

sions.

Other officers

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.

Sec. 2. All other officers shall be appointed as they hitherto have been, how appointed. until otherwise directed by law; but sheriffs shall hold their offices for Sheriffs elected four years, and not be again eligible for four years after the term for for 4 years. which they shall have been elected.

Style of commissions.

Sec. 3. 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.

Laws to continue of force until altered.

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.