The daily phoenix. (Columbia, S.C.) 1865-1878, September 28, 1865, Image 2
SECTION 7. The Senate shall choose a President pro tempore to act in the
absence of the Lieuteuant-Governor, or when he shall exercise the office -of
Governor. .' .
SECTION 8. A member of the Senate or 6f the House of Representatives
being chosen and acting as Governor or Lieutenant-Governor shall, there?
upon vacate his seat, andanothe? person shall be 'elected in his stead.
SECTION 9. In case of the impeachment of the Governor or his removal
from office, death, resignation, disqualification, disability or removal from
the State, the Lieutenani?Govern?r ?hail succeed to his office, and in case
of the impeachment of the Lieutensfet-Govarnor or his removal from
office, death, resignation, disqualification, disability or removal from the
State, the President pro tempore of the Senate shall succeed to his office ;
and when the office of jfee Governor, Lieutenant-Governor and President
pro tempore pf the Sei^fe ?fasH become vacant in the recess ? >f the Senate,
the Secretary of State, for the time being, shall, by proclamation,, convene
the Senate, that a Presiden^'pro tempvre may be chosen to exorcise the
office of Governor for themnexpired term .
SECTION 10. The'Governor sholl be Commander-in-Chief of thc Army
and Navy of this State and of the militia, except when thejf shall be called
into the actual service of the United States. ,
SECTION ll. He shall have power to grant reprieves and pardons after
conviction, (exeept in cases of impeachment,) in such manner, on such
terms and under such .restrictions? as he shall jhinfe proper, and be shall
have power to remit fines and forfeitures, unless otherwise directed by law.
Tt shall be his duty to report to the General Assembly at the next regular
session thereafter all pardons granted by him, with a full statement of each
ease and the reasons moving him thereunto.
SECTION 12. He shall take care that the laws bc* faithfully executed in
mercy. * * ?j
SECTION 13. The Governor and Lieutenant-Governor shall, at stated
times, receive for their services a compensation which shall be neither
increased nor diminished during thc period for which they shall have been
I elected.
SECTION M. All 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.
SECTION 15. The Governor shall, from time to time, give to the General
Assembly information of the condition of the Stattfand recommend to
their consideration such measures as he ?hall judge necessary or expedient.
SECTION 16. He may, on extraordinary occasions, convene thc General
Assembly, and should either House remain without a quorum for three
days, or in ease of disagreement between the two Houses, with, respect to
the time of adjournment, may adjourn them to such time as he shall think
proper, not beyond the fourth Monday of November then next ensuing.
SEfrrioN 17. He shall commission all officers of the State.
SECTION 18. It shall bc the duty of the Managers of Elections of this
State, at the first general election, under this Constitution, and at each
alternate general election thereafter, to hold an election for Governor and
Lieutenant-Governor.
SECTION 19. The Governor and the Lieutenant-Governor, before entering
jipon the duties of their respective offices, shall, in the presence of the
'General A ssembly, take the oath of office prescribed in this Constitution.'
SECTION 20. The Governor shall reside, during the Bitting of the General
Assembly, at the place where its session may be held ; and the General
Assembly may, by law, require him ic reside at the Capitol of the State.
SECTION 21. Every Bill which shall have passed the General Assembly
?hall, before it become a law, be presented to the Governor ; if he approve,
he shall sign it ; but if not, he shall return it, with his objectio?s, to that
House in which it shall have originated, who shall enter the objections at
large on their journal, and proceed to reconsider it. If after such recon?
sideration a'majority of the whole representation of that House shall agree
to pass the Bill, it shall be sent, together with the objections, to the other
House, by which it shall likewise be reconsidered, and if approved by a
majority of .the whole repr?sent?tiuti of that other ?louor., ;* shall \,*><.O*L*^
a law. But in all such eases the vot?s of both Houses shall be determined
by yeas and nays, and the names of the persons voting for and against the
Bill shall be entered on the journal of each House respectively. If any
Bill shall not be returned by the Governor within two days (Sundays ex?
cepted) after it shall have been presented to him, the same shall be a law
in bike manner as if he had signed it. And, that time may always be al
lowed the Governor to consider Bills passed by the General Assembly,
neither House shall read any Bill on the last day of its session, except such
Bills as have been returned by the Governor as herein provided.
t ARTICLE DI.
SECTION 1. The judicial gower shall be vested in such Superior and
Inferior Courts of Law and Equity as the General Assembly shall, from time
to time, direct and establish. The Judges of the Superior Courts shall be
elected by the General Assembly, ?hall liold their offices during good
behavior, and shall, at stated timbs, receive a compensation for their ser?
vices, which shall neither be increased nor diminished during their continu?
ance in office ; but they shall receive no fees or perquisites of office, nor hold
any other office of profit or trust under this Shite, the United States of
America, or any of them, or any other? power. . The General Assembly
jshall, as soon as possible, (?stablish for each District in the State an Inferior
Court or Courts, to be-styled "The District Court," the Judge whereof
shall be resident, in the District while in office, shall be elected by tho
General Assembly for four years, and shall he re-eligible, which Court shall
have jurisdiction ,of all civil causes wherein uno or both of the parties are
persons of color, and of all criminal cases wherein the accuse ?ff is a person
if color, and the General. Assembly is empowered to extend the jurisdiction
>f the said Court to other subjects.
SECTION 2.a The Judges shall -meet and sit at Columbia, at Bitch time as
he General Assembly may by- Act prescribe, for the purpose of healing
,nd determining all motions for new fri?lc and in arrest of judgment, and
nch points of law as may be submitted to them, and the General Assem
dy may by Act appoint 3uch other places, for such meeting as in their dis
retion may seem fit.
SECTION. 3. The style of all processes shall be, "The State of South
karolina. " All prosecutions shall be carried on in the name and by*th.e
uthority of the State of South Carolina, and conclude, "against the peace
,nd dignity of the same."
* '?ARTICLE JV/
In all elections to be inade by the people. ?f this State, o?- of any part
a?rcof, for civil or political offices, every persoU shall be entitled to vote
bo han the f?Uo\riugxan?ifications,io wit :
He shall be a free --yhite man, who lias attained the age of twenty-one
ears, and is not a pauper, nor a non-commissioned officer or private soldiei
f the army, nor a seaman or marine of .the navy of the United States.
[?. shall, for the two years nert preceding the day of election, have been
citizen of this State ; or, for the same period, an emigrant from Europe,
ho has declared his intention to become a citizen of tho United States,
.cording to the Constitution and Laws of the United States. He sha!
ave resided in this State for at least two years next preceding the .day o:
ection, and, for the last six mouths of that time,, in thc District in whici
I! offers to vote. Pr aided, flowerier. That the General Assembly may, b}
quiring a registry of voters, or other suitable legislation, ?guard ag?ins
iuds in elections; and usurpations of the right of suffrage, may impose
squalltieation to vote as a punishment for crime, and may prescribe addi
mal qualifications for voters in municipal elections.
ARTICLE V.
[ Ad persons, who .sh^li be elected or appointed to any office of profit. 0]
ust, before entering#M the execution thereof, shall bike (besides specia
>ths, noi repugnant to this Constitution, prescribed by the General As
imbiy,) the following oath :
. . T do pw; ar (or affirm) that ! -sn duly qualified, according to the Consti
tution of this State, to exercise the office to which I have been appointed,
and that I will, to tire best of my ability, discharge the duties thereof, and
preserve?, protect and'defend the Constitution bi this State, and that of the
United States. So help me. God. "
ARTICLE VI. ^ jL
. SECTION 1. The House of Representatives shall have tho sole power of
impeaching, but np impeachment shall be m8?e,.;WDless with the concur?
rence, of two-thirds of "the House of Representatives: .
SECTION 2. All impeacnments shall be tried by the Senate. When sitting
for thai purpose, the Senators shall be on oath br affirmation, and no per?
son shall be convicted without the concurrence of two-thirds of the mem?
bers present. * .
SECTION 3. The Governor, Li?utenant-Governor, and all civil officers,
shall be liable to impeachment for high crimes and misdemeanors, felony,
misbehavior in office, for corruption in procuring office, or for any act
which shad 'degrade ?heir official character. But judgment in such cases
shall not extend further than to removal from office, and disqualification >
to hold any office of honor, trust or profit, under this State. The party
convicted shall, nevertheless, be liable to indictment, trial, judgment and
punishment according'to law. v *
. SECTION 4. All civil officers, whose authority is limited to a single Judicial
District, a single Election District, or part of either, shall bc appointed,
hold their office, be removed from office, and, in addition to hability to
impeachment, may be pnnished i<$e official misconduct, in such manner as
the General Assembly, previous to their appointment, may provide.
SECTION 5. If any civil officer shall become disabled from discharging
the duties of his office, by reason of *any permanent bodily or mental
infirmity, his office may be declared to be vacant, by joint * resolution,
agreed to by two-thirds of the whole representation iii each House of the .
General Assembly": Provided, That such resolution shall contain the
grounds for the proposed rewoatal, ant], before it shall pass either House, a
copy of it shah be served on the officer, and a hearing be allowed him.
ARTICLE VU
SUCTION 1. The Treasurer and the Secretary of State shall be elected by
the General Assembly in the House of Representatives, shall hold their
offices for four years, and shall not be eligible for the next succeeding term.
SECTION 2. All other officers shall be appointed, as. they hitherto have
been, until otherwise directed by law ; but the same person shall not hold
the office of sheriff for two consecutive terms.
SECTION 3. All commissions shall be in the name and by the. authority of
the State of South Carolina, be scaled with the seal of the State, and bc
signed by the Governor. *
ARTICLE VIII. ? .
All laws of force in this State, at the adoption? of this Constitution, and <
not repugnant hereto, shall so continue, until altered or repealed*, by the
General Assembly, except where* they are temporary,-in whieh case they
^ahali expire at th?fctimes respectively limited for "their duration, if not con?
tinued tty Act of the General Asse nib ly. >
ARTICLE IX.
SECTION L All po rcr is originally vested in the people, and all free Go?
vernments are founded on their uuthority, and are instituted for their
peace, safety and happiness.
SECTION 2. No person shall be taken, or imprisoned, or disseized of his
freehold, liberties or privileges, or outlawed or exiled, or in- any maimer
deprived of his life, liberty or property, but by due process Of law ; nor
shall any bill of attainder, ex post facto law, or law impairing the obliga?
tion of contracts, ever be passed by the General Assembly.
s?PTinn 3 'Tho. military shall be subordinate to the civil power.
SECTION 4. The privilege of the writ ol /tadeas corpus aban ?vi i?e sus?
pended, unless when, in case of rebellion or invasion, the public safety
requires ii. -
SECTION 5. Excessive bail shall not be required, nor excessive fines im?
posed, nor cruel punishments inflicted.
SECTION G. The General Assembly shall not grant anv title of nobility,
or hereditary distinction, nor create any office, the appointment to which
shall be forany longer timo than during good behavior. *. ^ .
SECTION 7. Tue liiaiby jury, ns heretofore.-used in ?his State, and tba
liberty of the press, shall be fore vcr* inviolably preserved. But the Gene?
ral Assembly shall have power to determine the number of persons who
shall constitute the joly in the Inferior and District Courts.
SECTION 8. The free exercise and enjoyment of -religious profession and
worship; without discrimination or preference, shall be allowed, within this
State, to all mankind : Prodded, That the liberty of conscience hereby
declared shall not be so construed as to excuse aqts of licentiousness, or
justify practices* inconsistent with the peace and safety of the State. -
SECTION 9. Thc rights*, privileges, immunities and estates of both civil
and religious societies and cjf corporate bodies, shall remain as if the Con?
stitution of this State had not been altered or amended.
SECTION 10. The rights of primogeniture shall not be re-established, and
there shall not failito be some legislative provision for the equitable distri?
bution of the estates of intestates.
SECTION ll. The slaves in South Carolina having been emancipated by
the action of the United States authorities, neither slavery nor involuntary
servitude, except as a punishment for crime, whereof the party shall have
been daly convicted, shall ?ver be re-ostabHshed in this State. m
n ARTICLE X.
?
SECTION 1. The General Assembly, whenever a tax is laid upon land, shall, ,
at the same time, impose a Capitation tax, which shall not be less upon each
poll than one-fourth of the tax laid upon each hundred dollars worth of the
assessed value of the land taxed ; excepting, however, from the Operation
of such capitation tax all such classes of persons, as from disability or
~tlmrwise, ought, in the 'judrment of the General Assembly, to be exempted.
ARTICLE XI.
SKOTION 1. The -business of the Treasury shall be conducted by one
Treasurer, who shall hold his office and reside at the-seat of Government. .
SECTION 2. The Secretary of State shall hold his office and- reside at the
seat of Government. t
ARTICLE XII.
SUCTION 1. No Convention of tlie people shall be called, unless by the
comgirrence of two-thirds ef the whole representation in each House of '
thc General Assembly. - ? ."..
SECTION 2. No part of this Constitution shall hi altered, unless a bill to
alter the same shall have teen read, on three several days, in tu;1 House of
Representatives, and on three several days in the Senate, and agreed to, at
the second aud third readings, by two-thirds of thu whole representation
in each House of the General Assembly ; neither shall any alteratiov take
effect, until ?he bill, so (?greed to, aimil be published for three months
previous to a new election for members of tho House of Representatives ;
and, if the alteration proposed by tho preceding General Assembly shah
be agreed to, by the new General Assembly, in their first session, by the
concurrence of-two-thirds,of the whole representation in each House, after
the s imo shall hare been *ead <m three several days in each ; then and not*
otherwisofthe sumo shall become a part, of tlie Constitution.
Done in Convention at ?Columbia, in the Stato of South Carolina, tlie *
twenty-seventh d*y of September, in the year of our Lord one
thousand eight hundred and sixty-five.
.. D. lt. WARDLAW,
President oi the Convention.
Attest : JOHN \\ SLOAN,
Clerk of the Convention.
COLUMBIA.
Thursday Morning. Sept. 28*1865.
United. Stat.cs Senator.
MK. EDITOR : The unity of filing
pervading the Convention affords a
satisfactory guarantee of the future
prosperity of the State. A spirit of
conciliation and total abandonment ol
self and section for the eonunon bene?
fit, forms the prominent characteristic
of this body.
The equal distribution of the hon?
ors of the State will and must cement
this bond of union.. The .Governor?
ship" will be given ?o the "patriotic
On-, from the upper section of the
State. The esteemed' President of
the last Senate, the Hpn. Wm. D.
Porter, from the lower,section of the
Statp.. is pointed out for the Lieute?
nant-Governorship; whilst the Hon.
Franklin J. Moses, from the muidle
section, is deemed the '-'right man in
the rjght place" foi the United States
Senate. His antecedents are well
known throughout the State. De?
scended from a patriotic sire, (the first
reader of the'"Declaration of Inde?
pendence" in this Stat0?) his course
has been uniformly onward, with "a
single eye to the honor and welfare
of iris native State. Col. Moses used
every effort to stay rash action on tho
part of the State; but when the State
did act, he stopped not to inquire
whether she was right or wrong, bot
gave his heart and every effort to the
support of her acts. , At a heayy
pecuniary "sacrifice, at the onset, he
raised 'and commanded a cavalry corps
for her defence, and in the Senate
and on all occasions he strongly ad?
vocated the cause of South Carolina
As Chairman of the Judiciary Com?
mittee in the Senate, for years, he dis?
played constitutional knowledge and
ability which *.has established his
reputation as loremost among the
gifted sons of Carolina.
It was well remarked of him by a
late lamented and distinguished
Judge, that "nature made Col. Moses
a lawyer, but he had made himself a
statesman." Such a man would reflect
honor on our State in the conserva?
tive branch of the Union.
JUSTICE.
j Local Items.
.'Cotton Blanks and permits - indispen?
sable to kB. persons purchasing or shipping
cotton--can bo obtained at this office.
IMPORTANT TO CREDITORS,,-W?fe??i;ge our
roaders to give hoed to the advertisement
j of Messrs. Keatinge it Ball, late of t is
I city, of the honorable avowal o/ their pur?
pose to redeem, at liichmond.^dl the bills
of their issue while in. Qohunbin, of the
j several denominations of 50 cents, $1 and
i $2, at the rate of sixty cents on- tho dollar,
j Tliis, paid in the present currency of the
j United 8*?des, i.4 substantially considerably
lover par. The satisfaction of all of-these
?sues will be properly made, when pro-,
iflerlv. presentad to Messrs. Zealy, Hcott &jj
i lima*. Assembly street. ,\ i' i *
I NICKERSOX'SHOTKL.-This new estabhsh
; meut get?.on as ?uocessfully as swimxping
J ly. Never was establishment, designed
j originally for the cultivation of tl^Arain,
J HO happily and promptly traBHf?rriKdnto
i an institution fui LL?a satisfaction m. the'
! abdomen-as if by mn gie. the new tlBQgs
j fall Into the old places, as if they nore
j -specially made for them. Tao black-board
j gave way to a moro grateful board than wajs
ever spread in. commons for a bungo
pupil. From all that wo can ace, Mr. Nick
erson is already reaping the reward of hit
i skill, energy, ingenuity and entorpriso. The
I house ?H full, and all the lodgers seem con
I tent and happy. Tho wisdom and elo
! quenco displayed by the members of the
j Convention, in thoir extraordinary services,
j aro due, no doubt, in great degrey, to the
j excellence of thoir digestion, and that, in
I bini, is tho legitimate result of tho excel
I leuce of the cuisine. But in thc success of
i Mr. Niekerson, we must not forget to ac
1 cord due credit to the exceller ce of his
; Chef, Mr. Harriston. Between thine two,
the house flourishes and willong eoatinu*
to Hourish. **
?nw ADVERTISEMENTS.-Attention in cafl
(bd to the f:!!!:;r.'i:'.g adveriiife?ie-jili?, wide?
ar? published for the tir*?t iim<* this morn?
ing:
Meeting of Lutheran Synod.
Miss Chapman-School Notice.
Mrs. McCartha- " "
Acacia Lodge-Begrdar Communication.
Geo. Schofield & Co..Fluid and Lamps.
Blandingand Barnwell sis -Corn for Sali.
J-. F. Eisenmann-Merchant Tailor.
Caiman A Krcnder- Com. McUfcants.
Nomination of Geo. 1). Tillman.
<>.??. Wade FTampton.
Tor the Legislature.
Zealy. ^> ott, & Bruns SNtra Flour.
Keatinge St Ball -Iiedc.-npt'ii Dnc Bills . ?
John MoCnllv !.,,[ and Bruk for Sa]* '