University of South Carolina Libraries
. -J.L - ,~ .- . 9M ~ 4a. * * -- 9 9K, - - spit FOR THE DISSEMINATION OF USEFUL INTELLIGENCE. [INVARIABLY N AWk?Q WEDNESDAY MORNING, MARCH 25, 1868. 1O13. Q X, QCRNCT a 3AileUM4JI e~ x -LESLATIVI DuAIMMW g e fower geaset branche~ the one~&b e r-On& eU zSta$e Of S outa e*= 3tsT th. -armain as - i-ie *Kn tee a Wbter - bEetre of sa atdIe, by Ri un,ty sbail~.be -*ad t4wety-Ve to., less tvqty4e qu yemiles. Eaeb e leetion - -~IFt~ hf be 4 -every tenth 6 teh maanner a t e b~3~ ei l~y at 4 mediate -eeeeeed ~efeet, the rep resentataan of the evOral counties, auted, -i be "i.Jo - Jows: ;4 Anderson, 2; J.zeuell, T ;Charles ..2; 2; Da rmg1 pM-Nitre X TXiMwberry, 3;OQeonee,2pthasgeburg, 5; Piek eas, I; ibland, 4; Spartaniburg, bprg,S; York, 4. -" See, 5. If the enanteation here in directed shaU not be made ip the coursa$g-he yea'- appointed for thguqose, it shll be the du ty of the4overger toliave iteffeet edlson therefter as shall be peneticable. See--:6. Ia asaigningreipressfa. Lives to the severaI -Eontios, tlie Generl A.sembiy shallnlo ne nptesentative to every -ne b-un dred --and twenty-fburth part of the whole nunibr of inhabiitants in WthtawProAded That f in%-the apportinmeat:-of -representatives any county shall appear not to be entitled, from its populatioN to a representative, such county shall nveythelesqsqpd gne representa tive-,and i rF- bestili defi ?e'iney ~of she'namBrraf represen ot~iesPir y setion 4 of this-tsiehe, :- cdefiiency shall be supplied by assigning represen tatives to those counties having the largest surplus fraQtions. See.. 7. - No apportionment - of xepre&mtatives Ahall -be construed .te6iin any 2r.anne?, un w4hegie eletion which shall sateeod 'such apbtidnment. Se. 9-The Sefiate shall be com pos'~d onen er 'from each county, i b the term ofa ears, by theualified voterg e,'tafe, id the -same manner, in-which-members of the Houise-*tReresentatives are cho sen; exOeA the-county of Charles ton; which a all be allowed two eialors. 9ee, .Upon the meetiag of the *AretenAeI Assembly iih shW lt bekoswn nder the provisiona of this conatitutie*, - * sators sbllh Aiivided,-by lor inbo two' dases, as -early egnel'as aybe; th seats of IbP .eOi -s o'0-be f&weIas to besscated at the- ex 6Hf 'on of ei iars Aft he W s dy : o g .be genoral Wl*Qe and-of ttose of the seeond elase -P tbn .~iaLo -tfour yearso eatroxeepI asbove pro eoe eery segey yee. Be#..10. ,N0el nshall be eli iWe to a' seai in t pefenate or use of RepfestntAtivs. wo at ~theteafen!14tie is- udt a $fiei oT U aUnited States;W -or who has -not beea " ne yar, ge og.bi lection- aresi esi f:this State, and for three daebset freOeding i elee tion a residnt of the county whew e-ay eebosenoi any pwh,asbeen convicted of any infamos cerime.. Senators shall be at least: twenty-frve, iad repre sptatives at least .twenty-one See. 11. The fpst -election for senators pud representatives nder te Brovisions of this constiution whail.be~ held on the 14th,15th.and 16th of April -of the present year; and, the 8econd election shall be held-on7the- third: Wednesday in October, 1870, and forever there afenon th'e same day in eirery second year, ini such manner and ai/such 'planes as the legislature may hereaftei provide. [This sec Aipn has had only two readings. 10d'jt00frtber cousideration has been postponed "until the remain ing provisions'6f the 'constitlltion shafl have been adopted4 :Se2. Thke first session of the Goeral Assembly-, after the ratifi catin of this constitution, shall be convened on' the second TaI's dayirrMay-of the present fear, tii the 'City of Columbua (Wyhich afil aain the sea of goveur-. menut until otherwise determined yt'i tecorrence. off~wo-thirds of both branehes of the whole rep resentation), and thereafter on the fourth Tuesday in November gunnually. *Shokld the casualties of war er- contagious d.iseases rendei' it' unsife' to meet at the seatbf~govrnmet'then the G6 ernor may, by poclamation ap pont 'a more secure and conve .nent plac. of meeting. See:. 13. The ternis of office of le senators and representatives :osna a general election, shall becrn -on the Monday following sudh 'elehtioin. see., 14jach Uouse shalt judge of tIhetelion returwe ar d'-gnali etieg~ of its owp memnoers, and 5 Ti3a rt f each House. shall Lcrt13 a4uoraf~1to 4fobpsiness; from day to ay and may comnel the attendanc e of absent members in such manner and under such penalties as may be provided by law. Sec. 15. Each House shall choose its own officers, determine its rules of proceeding, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a memer, but not ' secondtime for the same cause. ec. 16.. Each- House may pun ish by imprisonient, during its sitting; iny pesof'not "a member, :wiohall be gnilty of disrespect to tlie House by any disorderly or contemptuous beaviour in its presence; or who, durin,g the time of its sitting, aball threaten harm tbody or estate of. any. nember for anything said.or done in either House, or who shall assault any of them therefor, cr who shaL. assault or arrest. any witness or other person ordered to attend the House, in his - going thereto or returning -therefrom, or who sballreseie-any person arrested- by order of the House.' Proridit, That such term of-fprisnment shall not extend beyond the session of the General Assembly. * See.,17. The members of both Hoasesabali-be protectedin theiF~ pesot.nd estates during their' attendaias6 on, ging to, and're turiing from, the General Assem l aad ten dap previous io the ~sijinend.en days.aferthe 1 ovrD.Uent thereof.. B4heA Q pri -ilegesA4,not be-extended so as to protectUny member who shall be charged with treason, felony,' Sec. 18. -Bills fAr raising a reve nu shali originateii e t ose of Representit4f-es, but may be al tered,.auevdedor-rejected by the Senate; and- all- other bills. iay oiginate i.eitiher House, nd may emaid)id, altred or rejectedby the othfer . Seq. 19. h style af'll Iaws shall be, "Be it enacted by the Sen ate and House. of Represgtatives of the State .of South -Carolina, now, met and sitting in General Assembly, and by the authority of the sarme." $ee. 20._ Every act or resolution having the force-oflaw.shall relate to but one sabject, 'aud. hat shall %do expressed in the titl#. Sec. 21. No Nil.shall have .the ~foic of law. until t .shall have be&i read three times, and on three sevb;ral days in each house -has had the great.seal of State afrxe~d to it, and has 'been~ signed in t1ie Senate House by the resi dent of.t'he Senate and the Speak er .of the House of. Representa tives. Sec. 22. No money bhn .be drawn from the treasury blit: in pursuance of ~an appropriation made'by law ; and a regular state nent and account of the i'eceipts and expenditures of~ all public moneys shall be published annual ly in such manner as may be by law 'directed... Sec. 23. Each member of the first General Assembly under this constitution shall receive six dol lars per diem while in session, and the further sum of twenty ets for every mile of the ordina -y route of travel In going to and returning from the place where such session is. held, ' after which they shall receive such compensa tion as shall be fixed by law ; but no generalE Assembly shall have the power to increase the comn pensation of its own- members. And when convened in extra ses sion they shall creceive the same mileage and per diem compensation as are fixed by law for the regulal' session, and none other. Sec. 24. In all elections by the General Assembly, or. either ouse thereof, the rmembers shall vote "viva voce," and ' their vies thuis given shall be entered uptn the journal of the House-to 'which they respectively belong.' See. 25. Neither House, during the ession of the General Assemn bly, shall without the consent of the other, adjourn for more than three days, nor to any other place than that in which the Assembly shall be at the time sitting. See. 26. Each House shall keep a journal of its own pr6eeedings, and cause the - same to be pub lished immediately after its ad journmient. excepting such parts as in it8 Judgeinent may require secresy'; and the yeaslnd nays of the members of either.House, on aby question, shall, at .the desire of any two members present, be entered .on the journals. Any member of either House sball have liberty to dissent from, and protest against, any act or resolu tion which he may thik injurious to-the public or't6 an individual, and have the reasons of his dissent entered on the "Our-naN. Sec. 27. The doora of each House shall - be ope%-,e:;e!ept on such occasions as in ,Xhe opin ion of t-he House may require s cresy. Se. 28. No person'sbalf be eli gible to a seat in the Tietnral' As sembly whilst h bolTs any office of profit or trust under this State, the United States of America,. or any of-tem, or under ajy power, except offider in the 4#itias mag istrates;" or jdetiees .lf- Inferior Courts, white suehijuAtices receive no salair. Ad if pay member sh$11accept or exercise any of the sid.isqualifying-ofiees-o he -shall viaate bis seat ; Proed, That this prohibition shall 9it extend to the members of-1lic.ftst Gene thAssenibi -2.1 f a"eieton district shall negliit to choose a member or niembers on thedAy orf-e ecion, or iftany peruon ehosen a meinber of either House shall _refpse -to qualify anl4ke ,his seat, !or shall resign,die, depa'rt the State, ac cept :imy -disqualifying ifflee, -'or beeome! otherwise disqualified to hold his seat, a writ of election sliall be issued by thi President of the Senate, or Speaker 'of the H1ouse of Representatives, as the case may be! for, the .prpose of filling othe vacancy thereby c casionedi, foi- the rema.inder of the term for which the person-so 're fusing to qualify, resigning, dying, leiring the State, or becouring disqualified, was elected t6 serve, or the .defaulting 'election disti-ict ought to have chosen a member or members. ..SEO.: 30. Members of the Gene ral Assembly, and all-omeflers, be fore they enter upon the execu tion of the duties of their respec tive offices, and all membors of the bar, before they enter upon the-practice of their ..profession, shall take .and.subscribe the fol lowing oath-: "I do'solemnly swear, (or affrm as the case maay be) that I am duly quilified according to the Constitution of the United StaL(s and of this State to exercise the duties of the oBice to which I have been elected (or appointed) and that I will' faithfully discharge to the best of my abilities the duties thereof ; that I recognize the su premacy.of the Constitution and aws of the United States, over the constituition and laws of :any State; and that I wijll,support, protcct and defend the Co'nstitu tion 'of the United States and the Constitution of South Carolina, as ratified by the people oii the - day of , 1868. So help me God." And the Pre'sident of this convention is authorized to fill the blanks in this section whenever he shall -receive satisfactory informa tionl of the' day on which this con stitution shall be ratified.. See. 31. Officers shall be re movedifor incapacity, misconduct or neglect of duty, in such manner as miay be provided by law, 'when no mode of trial or remroval is pro vided in this constitution. Sec. 32. The House of Repre sentatives shall have the sole pow r rf impeaching; but a rnninritv of all the members elected must concur in an impeachment. All impeachments shall be tried by the Senate; and when sitting for that purpose, the senators shall be Ipon oath, or affirmation, to do justice according to law and evi dence. No person shall be convict ed without the concurrence of two thirds of the senators present. See. 33. The Governor, Lieu tenant-Governor, and all other civil officers, shall be liable to im peachment for high crimes and misdemeanors, for any misbeha vior in office, for corruption in procuring office, or for any act which shall degrade their official character. But judgment in such cases shall Dot 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 in dictment, trial, judgment and pun ishmient according to law. Sec. 4, There shall be exempt from execution or other final pro cess of any court issued for the collecting of any debt, a- home stead in- the country consisting of one hundred ieres, and the dwell ing and appurtinances thereou, to be selected by the oN%ner .thereof. And in a city, town or village, in lieu thereof, a lot with the dwell ing and appurtenances thereon ; provided thatv such homestead, either in a city, town, village or county, shall not exceed in vale two thousand dollars. There shall alsd be exempt from such " -ongEnafl-Jp oCC O any court issued for the collection of any debt, the.necessary articles of furniture, apparel, subsistence and implementse< of husbandry, trade, or other employmi'ent to the value of-five hundred dollars. But no property shall be exempt from 6al foitaxes, or for payment of obligations contracted for the pur chase of said homestead, or for the . erection ,of imprvements Zereon. I:tehall be the duty of the first legislature that shall as semble after the ratifeation of this constitution, at its first ses sion, to pass such laws as. may be neeessiry to carry this provision into effect. Sec. 35. All taxes upon proper ty.. real or personal, shall be laid upon the actual.value of the prop erty taxed, as the same shall -be aseertained by an assessment made- for the purpose of laying such tax. . ARTICLE III. EXECUTIVE~DEPARTMENT. Sec 1. The Supreme Executive authority of this State shall be vested in a Chief Magistrate, who shall be styled "The .Governor of the State of South Carolina. " Sec. 2.; The Governor shall be elected at the first general election held under thiis Constitution for members of the General Assembly, and at each general election there after, and shall be installed during the first session of said General Assembly after his eletion, on such day as shall be provided by law.. Sec. 3. No person shall be eligi ble to the office of Governor who denies the existence of the Supreme Being, or who, at the time of such election, has not attained the age of thirty years; and who, except at the first election under this Con stitution, shall not have been a itizen of the United States, and a citizen and resident of this State ] for two years pext preceding the day of election. No person, while - Governor, eball hold any other office or commission, (except in the militia,) under this State - or any other power, at one and the same time. Sec. 4. The returns of every I election of Governor shall be seal- 1 ed up by~ the managers of elec tions in their respective Counties, and transmitted, by mail, to the seat of Government, directed to i the Secretary of State, who shall deliver them in the Sneaker of' ,he House of Representatives at he next ensuing session of the .eneral. Assembly, and a duplicate )f said returns shall be filed- with the Clerk of the Courts of said Dounties, whose duty it shall be to rorward to the Secretary of State a ,ertified copy thereof, upon being aotified that the returns previously rorwarded by mail have not been rece'ved at his ofice. It shall be the duty of the Secretary of State, after the expiration of seven days rrom the day upon which the votes have been counted, if the returns thereof from any County have not been received, to notify the Clerk of the Court of said County, and order a copy of the returns filed in his office to be forwarded Forthwith. The Secretary of State shall deliver the returns to the speaker of the House of Rep presentatives, at the next ensu ing session of the General Assem bly, and during the first week of le, session, or as soon as the Ge aeral Assembly shall have organ ized by the election- of the pre iding officers of the two Houses, the Speaker shall open and pub ish them in the- presence of both Eouses. The person having the highest number of votes shall be governor.; but if two or more shall equal, and highest in votes, the General Assembly shall, during the same 6ession, in the 1ose of Representatives, choose one of them Governor viva -voce. Con: tested elections for Governor shall be determined by Oe Genera As sembly in such manner as shall be pre bd by iasw. See. 5. A Lieutenant-Governor shall be chosen at the same time, ii the same wnanner, continue in Dfflce for the same period- and be possessed of the same qualifi oations as the Governor, and shall ex officio be President of the Senate. Sec.6. TheLieutenant-Governor while presiding in the Fe*nate, shall have uo vote, unless the Sen ate be equally divided. Sec. 7. The Senate shall choose a President pro tempore, to act in the absence- of the Lieutenant Governor, a"when he shall exer ise the offiee of Governor. Sec. 8. A member of-the Senate, or of the House of Representatives, being chosen as actink Governor or Lieutenant-Governor, shall thereupon vacate his seat, and another person shill be elected in bis stead. Sec. 9. In ease of the removal of the Governor from his,.office, or his death, resignation, removal from the State, or inability to dis charge the powers and. duties of the said office, the same shall de volve on the Lieutenant-Governor, and the General Assembly, at its ErRt session after the ratfication of this Constitution, shall, by lawv, provide for the case of removal, leath, resignation, or inability, both of the Governor and Lieu tenant-Governor, declaring~ what >fficer shall then act as Governor, and such officer shall act according y, until such disability shall have been removed, or a GQvernor shall bave been elected. Sec. 10. The Governor shall be Commander-in-Chief of the militia >f the. State, except when they hall be called into the actual ser ice of the United States. See. 11. HIe shall have power to ~rant reprieves and pardons after ~oviction, (except in cases of im ~eachinen t, ) in such manner, on ~uch terms, and under such restric ions as he shall think proper; LDd he shall have power to remit ines and forfeitures, unless other rise directed by Jaw.. It shall be us duty to report to the General Assembly at the next regular ses ion thereafter, all pardons granted >y him, with a full statement of ~ach case, arid the reasons mov ng him thereunto. Sec. 12. He shall take care that he laws be faithfully executed in nercy. Sec 13. The GAovernor anrd Lieu Itenadt-Governor shall, at stated times, receiv for their ices a compensation which shalL be 'nei ther increased nor diminishrd-du ring the period for which they shall have been elected Sec. 14. All officers in the Ex. ecutive Department shall; when re quired by the Governor, give him information in writing upon ,ny subject relating, to the duties of their respective offices. See. 15. The Governor shall, from time to time, give to the General Assembly information of the condiion of the Sate,ad recommend totheir eoisider'fio such measures as he shilljazige necessary or expedient. See. 16. He may, on vxtraordins ry occasions, convene the Geiral Assembly; and shol4 4.ter House remain without a qioum for five days, or in case of diaee ment between the two ROie with respect to the time ofadgnsr. menti-may- adjourn therh td'A-Mch time as he sial t kpr% - not beyond the timUe of thw:a=uW session the- iext ensuizg Sec. 17. He shall cop pion all officers of the State. Sec. 18. There shall be-a i of the State, for. which the. Geeral Assembly, at Its flfst -gese 11 provide, And which hallbe ebed by the Governor ofeially;'ind 9ball be called "The rOat ei4of the State.of South Gali 2 ." 4 See 19. Al[grants and O'VU, sions shall be- issued i0 the Dam aq by the autho6wtyd thesmte of So&thCa-d-tif sealed-'1fiAe and -countek-signod-by the 8ee tary of State. Sec. 20. The Governoir m4ithe Lieutenant-Governorbefore titr ing upon the duties oftbeit.e spective offic", shill' tfe andib scribe The dafh"ofmife.ase-~ soribed in Articie.- H)itiOn41 , of this ConstittiffbC See. 21 The Oovvinor shru ;n side at-the capifil -of the Stith; but during the sitthigiUf1i.0n eral -Assemb4y, 7he bldt9 M1 ide wh4re its sessionfare e pt in esse of contagio. - Sec. 22. Every 141 or~ o ires ohition which shad havenpgssed the General Assenilfby, exeept bn. y question of &~dj<u iuireni,(9F!, before it beomes zialaw; hapbe sented to the Govener, (utd ifje approye, he sha1.l sign liif no~, he shall retdra it, wiih hiseljectiede, to the House-in which it shallhave originated, whghthail enter- the objections -at large on its-journals, and proceed to reconsider it, if, af'ter .such .r'econsideration, 4mo.. ,thirds of that- House lhall agee to pass it, it shall be pent, together with the objections, .to 4he other House, by which it shall be recon sidered, and, if approved: by wo thirds .of the House, it shall have the same effect as if it had-beja signed by the Governor ; -but,- n all such cases, the vote of' both Houses shall be tken by yeas and naye, and the names of the persons voting for and against the bill or joint resolution shall be entered on the journals of both Houses re spectively.. If a bill or joint reso lution shall not be retdrned by the .Governor, iiithin three days after it shall have been presented to him. pSundays excepted, it shall have the sanme fdree and effect as if he had signed it, unless the Gen, eral Assembly, by their adjourn maent, prevent its return; in which ease it shall not have such force and effect, unless returned within two days atfter their next meeting. Sec. 23. There shall be- elected by the qualified voters of the State a Comptroller-General, a Treasu,. rer; and a Secretary of State, -w'hoj shall hold their respective onices for the term of four years, and whose duties and campensatiott shall be prescribed by law. Charleston has been dividedinto three fire districts, and engines as to eseb.