Historical Newspapers of South Carolina

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%\x fiikjtnbmt JfkntHjr ^nunml-gtiaffb for fflltttcs, pefes, ? pmtta, #t. BY HOYT & HUMPHREYS. ANDERSON. C. H., S. C, THURSDAY MORNING, OCTOBER 5, 1865. VOLUME 1.?NUMBER 16. Tlie Intelligencer IS PUBLISHED WEEKLY ? AT THREE LOtlAfiS PER ANNUM, IX TJ. S. CURRENCY, ? ob, $2.00 a YEAS DT SPECIE. RATES OP ADVERTISING. Advertisement's inserted at the rates of One Dol? lar per square of twelve lines for the first insertion ?nd Fifty Cents for each subsequent insertion. Obituaries and Marriage Notices, charged for at these rates. THE CONSTITUTION OF THE STATE OF SOUTfi CAROLINA. SEPTEMBER 27, 1865. We, the people of the State of South Caro? lina, ly our Delegates in 'Convention met, do ordain and establish this. Consti? tution for the Government of said State: ARTICLE I. "Section 1. The Legislative authority of this Stato shall be vested in a General Assembly, which shall consist of a Sen? ate and a Ilouse of Representatives. ?Section 2. The Rouse of Representa? tives shall be composed of Members cho? sen by ballot, every second year, by t he citizens of this State, qualified as_ in this Constitution is provided. Section.2. Each Judicial District in the Stale shall constitute .one Election Dis? trict, except Charleston District, which , ?hall be divided into two Election Dis- ^ iricts, one. consisting of the Uto Parishes ( of St. riiilip aud St. Michael, to be desig- , nated tho Election District of Charleston; , the oth'.-r consisting of all that-part of , the Judicial District, which is without . the .limits of said Parishes., to .be known as the Elcetiou District ;>f Berkeley. ' I Section 4? The boundaries of tho sev? eral Judicial and Election Districts shall i remain as-they arc. now established. : Secton 5. The House of Rcpresenta tives shall .'consist of one hundred and i twenty-four members, to be apportioned | among the several Election Districts of | tho Stale, according to tho number of . white inhabitants contained in each, and the amoir.it of all laxes raised by the Gen- i era! Assembly, whether direct or indirect, i or of whatever species paid in each, de- ? ducting tl.erefrom all'taxes \v.\\d on ac- | count of property held in any other Dis- j trk-t, ami adding, thereto all taxes else- | where paid on account of property held i in such District. An enumeration of tho j tvhite inhabitants, for this purpose, was ] made in the year one thousand eight hun? dred and fifty-nine, aud shall bo made in < the course of every tonth year thereafter. < iu such manucr as shall be, by law, direc- 1 tedj and Representatives shall be assign- y ed to tho different Districts in the above- ( mentioned proportion, by Act of tho Gen- i eral Assembly at the. session immediately i "succeeding every enumeration : Provided, j that until the apportionment, which shall | be made upon the next enumeration, shall i take effect, the representation of the sev- ] eral Election Districts, as herein constitu- ] ted, shall continue as assigned at the last apportionment, each District' which' has \ been heretofore divided into smaller Dis? tricts, known as Parishes, having, the ag- , gregatc number ot Representatives which ' the Parishes heretofore embraced within its-limits have had since that apportion? ment, tho Representatives to which tho . Pariah of All Saints has been heretofore entitled, being, during this interval, as sigued to Horry Election District. Section 0. If tho enumeration herein directed shall not be mado in the course of tho year appointed-for the purposo, it shall be the duty of the Governor to have it affected as . soon thereafter as shall be practicable. Section 7. In assigning Representatives to tho s?vcral Districts,, tho General As? sembly shall allow one Representative ? ' for every sixty-second part of tho whole number of whito inhabitants in the State, ?ivd one Representative also for every sixty-second part of the wholo taxes rais? ed by tho" General Assembly. There Shall bo further allowed one Representa? tive for such fractions of the sixty-second part of the white inhabitants, and of .the sixty-second part of the taxes, as when added together form a unit. Secton 8. All taxes upon property, real or personal, ehall be laid upon the ac? tual value of the property taxed, as tho game shall bo ascertained by an assess? ment made for tho purpose of laying such tax. In the first apportionment which \ shall bo made under this Constitution, tho amount of taxes shall be estimated from the averago of tho two years next pro? ceeding such apportionment; but in eve? ry subsequent apportionment, from the average of the ten yoars then next pro? ceeding. - Section 9. If, in the apportionment of Representatives, any Election District shall appear not to be entitled, from its population and its taxes, to a Representa? tive, such Election District shall never? theless send one Representative; and, if there be still a deficiency of the number of Representatives required by section fifth, such .deficiency shall be supplied by assigning Representatives to those Elec? tion Districts having the largest surplus fractions, whether those fractions consist I of a combination of population and tax? es, or of population or taxes separately, until the number of one hundred and I twenty-four Members be made up, Provi? ded, however, that not more than twelve Representatives shall, in any apportion? ment, be assigned to any one Election District. Section 10. No apportionment of Rep? resentatives shall be construed to take ef? fect, in any manner, until the general election -which shall succeed such appor? tionment. Section 11. The Senato shall be com? posed of one member from each Election District, except the Election' District ot Charleston, to which shall be allowed two Senators. " Section 12. Upon the meeting of the first Gchoral" Asscriibjy, which shall be chosen under the provisions of this Con? stitution, the Senators shall be divided, by lot, into two classes; the seats of the Senators of the one class to be vacated at the. expiration of two years after the Monday following the general election, und of those of the other class at the* ex? piration of four years j and the number of. these classes shall bo so proportioned that onc-Kalf of the whole number cfScn ilors may, as nearly as possible, continue to be chosen thereafter every tiocond vcar. . ? Skctidn 13. -. No person shall bo eligi? ble io. oi' take or retain, a seat in the Rouse of Representatives, unless he is a free white" man, who hath attained .the igo of twenty-one years, hath been a eit sen and resident of thisStato three years next.proceeding the day of election, and lath been fur the last six months of. this time, and shall continue, a resident of the District which he is to represent. Section 14. No person shall be eligible !o, or take or retain, a seat in the .Senate, unless he is a free white man, who'hath attained the age o* thirty years, hath jeco a citizen and resident of this State ive years next preceding.the day of elec? tion, and hath been, for the last six months of this time, and continue to be. i resident ot the District which he is to. represent. Section 15.'Senators and Members of :hc House Of Rercsentatives shall be ??hosen at a general election on the third Wednesday in October in the present rear, and on the same day .in every sec? ond year thereafter, .in such manner, and "or such terms of office, ?s arc herein di? rected. They shall meet oo the fourth Monday in November, annually* at Cc umbia, (which shall remain the seat of fiovcrnmcnt. mi til otherwise determined by the concurrence ot two-thirds of both branches of the whole representation.) ? unless the casualties of war or contagious disorders shall render it unsafe to meet there i in either of which cases, the Gov? ernor, or Commander-in-chief, for the time being, may, by proclamation, appoint a 1 more.secure and convenient placc of moot? ing. Section 16. Tho terms of office of the Senators and Representatives, chosen at a general election, shall begin on tho Monday following such election. iSECTioN 17. Each House shall judge of the clcctious, returns-and qualifications of, its own Members; and a majority of each House shall constitute a quorum to do busiuess; but a smaller number may ad? journ from da}' to day, and may be au? thorized to compel the attendance of ab? sent Members, in such manner, and under such penalties, as may be provided by law. Section 18. Each House shall choose its own officers, determine its rules of proceeding, punish its Members for disor? derly-behavior, and, with the concurrence of two-thirds, expel a Member, but not a second time for the same cause. Section 19. Each House may punish, by imprisonment, during its sitting, any person, not a Member, who shall be guil? ty of disrespect to the House by any dis-1 orderly or contemptuous behavior in its presence ; or who,"during the time of its sitting, shall threaten harm to body or es? tate of any Member for anything said or done in cither House, or who shall as sault any of them therefor, or who shall assault or'arrest any witness or other person ordered to attend tho Houso, in his going, thereto, or returning therefrom, or who shall rescue any person arrested by order of tho House. * Section 20. Tho .Members of both Houses shall bo protected in their persons and estates during their attendance on, going to, and returning from, tho General Assembly, and ten days previous to the sitting, and ten days after the adjourn? ment thereof. But these privileges shall not bo extended so as to protect any Mem? ber who shall be charged with treason, felony, or breach of the peace. . Section 21. Bills for raising-a revenue shall originate in the House of Represen? tatives, but may bo altered, amended or rejected by the Senate; and all other bills may originate in cither House, and may bo amended, altered or rejected by tho other. Section 22. Every Act or Resolution having the force of law shall relate to but one subject, and that- shall bo expressed in the .title. Section 23. No bill shall have the force of law until it shall have been read thrco times, and on three several days, in each House, has had the seal of the State affixed to it, and has been signed in tlio Senate House by the President ot tho Senate and the Speaker of the House of Representatives. Section 24. No money shall bo drawn out of tho Public Treasury but by the legislative authority of the State. Section 25. In all elections by the Gen? eral Assembly, or cither House thereof, the members shall, vote "viva voce," and their votes, thus given, shall be entered upon the journals of the House to which they respectively belong. Section 26! ThcMombcrs of the Gen? eral Assembly, who shall meet under this Constitution, shall be entitled to receive out of the Public Treasury, for their ex? penses during their attendance on, going to and returning from the General Assem? bly, five dollars for each day's attendance, and twenty cents' lor every mile of the ordinary route of travel between the res? idence ol the Member and the capitbl or other place of sitting of the General As? sembly, both going and returning: and the :;amc ma}* be increased.or diminished by law, if circumstances shall require; but no alteration shall be made to take effect during tho existence of the Gene? ral Assembly which shall make such al? teration. Section 27. Neither House, during the * session of tho General Assembly, shall, i without the consent of the other, adjourn for more than three days, nor to an}' oth? er place" (ban that in which the Assembly shall be, at the iimc, sitting. Section 28. No person shall be eligible to a seat in the General Assembly whilst hp holds any office of profit or trust un- i der this State, the United. States of America, or any of them, or under any other power, except officers in thc-militia, army or navy of this State, Magistrates or Justices of Inferior-Courts, while such Justices receive no salaries; nor shalTany contractor of the army or navy of this State, the United States of America, or any of them, or the agents of such con? tractor, be eligible* to a seat in either ? House. And if any Member shall accept or exercise any of the sajd disqualifying offices, be shall vacate his soat. Section 29. If any Election District shall neglect to choose a member or mem? bers on the day of election, or if any per? son chosen a member of cither House shall refuse to qualify and take his scat, or shall resign, die, depart tho State, ac? cept any disqualifying'office, or become otherwise disqualified to hold his scat, a writ of election shall be issued by tho President of the Senate or Speaker of tho House of Representatives, as the case may be, for the purpose of filling tho va? cancy thereby occasioned, for the remain? der of the term for which the person so refusing to qualify, resigning, dying, de? parting the State, or becoming disquali? fied, was elected to. serve, or the default in"- Election District ou^ht to have chosen a member or members. Section 30. And whereas the ministers of the Gospel arc, by their profession, dedicated to the service of God and the euro of souls, ?.nd ought not to be divert, cd from the great duties of their func? tions; therefore, no minister of the Gos? pel or public preacher of any religious persuasion, whilst ho coutinues in the ex-' crcisc of hie. pastoral functions, shall be eligible to the office of Governor, Licu tcnant-Govornor, or to a seat in tho Sen? ate or House of Representatives. ARTICLE IT. Sec. 1. Tho Executive authority of this State shall bo vested iii a Chief Magis? trate, who shall bo styled, The Governor of the State of South Carolina. Sec. 2. Tho Governor shall be elected by the electors duly qualified to vote for members of the House of Representa? tives, and shall hold his-office for four years, and until his successor shall be chosen and qualified; but tho same person shall not be Governor for two consecutivo terms. Sec. 3. No person shall be eligible "to the office of Governor, unless ho hath at? tained the age of thirty' years, and* hath been a citizen and resident of this State for the ten years next preceding the day of election. And no person shall hold the office of Governor, and any other offico or commission, civil or military, (except in the militia,) under this State or the United States, or any of them, Or any power, at one and tho same time. Sec. 4. Tho returns of every election of Governor shall bo sealed up by the Man? agers of Elections jn their respective Dis? tricts, and transmitted, by a messenger chosen by them, to the scat of Govern? ment, directed to the Secretary of State, who shall deliver them to the Spcakor of the House of Representatives, at the next ensuing session of the General Assembly, during the first week of which session the Speaker shall open and publish them in the presence of both Houses of the General Assembly. The person having tho highest number of votes shall be Gov? ernor, but if two or moro shall be equal and highest in votos, the General Assem? bly shall, during the same session, in the House of Representatives, choose one of them Governor viva voce. Contested elec? tions for Governor shall be determined b}- the General Assembly in such manner as shall be prescribed by law. Sec. 5. A Lieutenant Governor shall be chosen at the game time, in tho same manner, continue in office for the same period, and be possessed of the same qual? ifications as the Governor, and shall ex officio be President of tho Senate. . Sec. G. The Lieutenant-Govcrnor; act? ing as President of the Senate, shall have no vote, unless the Senate be equally di? vided. . Sec. 7. The Senate shall choose*a Pres? identen? tempore to act in the absence of the Lleutenant-Govcrnor, or when he shall exercise the office of Governor. Sec 8\ A member- of the Senate or cf the House of Representatives being cho? sen and acting as Governor or Licutcn ant-Govcrnor, shall thereupon vacate his scat, and anothor person shall be elected in his stead. Sec. 9. In caso of the- impeachment of the Governor or his rcraoval,Jrom office, death or resignation, disqualification, dis? ability or removal from tho State, the ' Lieu tenant-Governor shall succeed to his office, and in case of the impeachment of the Lieutenant-Governor or his removal from office, death, resignation, disqualifi tion. disability or removal from the State, the President pro tempore of tho Senate shall succeed to his office; and when the offico of the Governor, Licutcnant-Gov ernor and President pro, tempore of the Senate shall become vacant in the recess of the Senate, the Secretary of State, for the time being, shall, by proclamation,con? vene the Senate, that a President pro tempore may be chosen to exercise the of? fice of Governor for tho unexpircd term. Sec. 10. Tho Governor shall be Com mandeu-in-Chief of the Army and Navy of this State and of tho militia, except when they shall be called into the actual service of the United States. : Sec. 11. He shall havo 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. It 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" case and the reasons moving -thcrctuno. Sec. 12. He shall take caro that the laws bo faithfully executed in mercy. Sec 13. The Governor 'and Lieutcu ant-Govornor shall, at stated times, re? ceive for their services a compensation which shall be neither incrcased?nor di? minished during the period for which they shall have been elected. Sec. 14. All officers in the Executive Department, when required by the Gov? ernor, shall givo him information in /wri? ting upon any subject relating to the du? ties of their respective offices. " Sec. 15. The Governor shall, from time to time, give to tho General Assembly'in? formation of tho condition of tho State, and recommend, to their consideration such measures as he shall judge necessa? ry or expedient. Sec. 15. He may, on extraordinary oc? casions, convene tho General Assembly, and should cither-House remain without a quorum for three days, or in case of disagreement of the two Houses, with re? spect to the time of adjournment, may adjourn them to such time as ho shall think proper, not beyond the fourth Mon? day of November then next ensuing. Sec 17. He shall commission all officers of the State. Sec. 18. It shall .bo the duty of the Managers of Elections of this State, at the first general election under this Con? stitution, and at each alternate general election thereafter, to hold an election for Governor and Lieutenant-Governor. Section 19. Tho Governor and Lieu- j tenant-Governor, before entering upon the I duties of their respective offices, shall, in the presence of the General Assembly, take the oath of office prescribed in this Constitution. 1 Section 20. The Governor shall reside, during the sittings of the General Assem? bly, at the place where its session may be held; and the General Assembly may, by law, require him. to reside at the Capitol of the State. Section 21. Every Bill which shall have passed the General Assembly, shall, be? fore it becomes a law, be presented to the Governor; if he approve, he shall sign it; but it net, he shall return it. with his ob? jections, to that House in which it shall have originated, who shall enter the ob? jections at large on their journal, and pro? ceed to reconsider it. If, after such.re? consideration, a majority of the'whole representation of that House shall agree to pass the Bill; it shall be sent, together with the objections, to tho other House, by which it shall likewise be reconsidered, and if approved by a majority of the whole representation of that-other House, it shall become a law. But in all such cases the votes of both Houses shall be deter? mined by yeas and nays, and the names of the persons vofing for and against the Bill shall be entered on the journal of each House respectively. . If "any' Bill shall not bo returned ."by the Governor within two days (Sundays excepted) after it shall have, been presented to him, the same shall be a law in like manneras if he had signed it. And, that time may ' always be allowed die Governor to con- : aider Bills passed by the General Assem? bly, neither House shall read any Bill on the last daj- of its session, except such Bills as have been returned by the Gov? ernor as herein provided. . ARTICLE III. Skction 1. The judicial power 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 Supe? rior Courts shall be elected by the General Assembly, shall hold their offices during good behavior, and shall, at stated times, receive a compensation for their services, which shall neither be "increased nor di? minished during their continuance in offico; but they shall- receive no fees or perquisites ot office, nor hold any other office of trust under this State, the United States''of America, or any of thenr, or any other power. The General Assembly shall, as soon as possible, establish for each Dis? trict in the Stato an Inferior Court or Courts, to oc styled " The District Court." the Judge whereof shall be resident in the District while in office, shall be elected by the General Assembly for four years, and shall be re-eligible, which Court shall have jurisdiction of all civil causes wherein one or both of the parties are persons of color, and of all criminal cases wherein the ac? cused is a person of color, and the General Assembly is'empowcred to extend the ju? risdiction of tho said Court to other sub? jects. Section 2. The Judges shall meet and sit at Columbia, at such time as the Gene? ral Assembly may by Act prescribe, for tho purposo of hearing and determining all motions for new trials and in arrest of judgment, and such points of law as may be submitted to them, and tho.General Assembly may by Act appoint such other places for meeting as in their discretion may seem fit. Section 3. The style of all processes shall be, " Tho Stato of South Carolina.'". All prosecutions sb all be carried on in tho name and by the authority of the State of South Carolina, and conclude, "against the peace and dignity of the same."' . ARTICLE IY. -In all elections to bo made b}* the people of this State, or. of "any part thereof, for civil or political offices, every person shall be entitled to vote who has the following qualifications, to wit: ? . He shall be .a free white man, who has attained tho age of twenty-one years, and is not a pauper, nor a non-commissioned officer or private soldier of the army, nor a seaman or marine of the navy of the United States. Ho shall, for the two years next preceding tho day of election, have been a citizen of this Sfate; or, for the same period, an emigrant from Eu? rope, who has declared his intention to become a citizen of the United States, ac? cording to the Constitution and Laws of the United States. He shall have resided in this Stato for at least two years next preceding the day of election, and, for the last six months of that time, 'in tho Dis? trict in which he offers to vote. Provided, however, That the General Assembly may, by requiring a registry of voters, or other suitable legislation, guard against frauds in elections, and usurpations of- the right of suffrage, may impose disqualifications to vote as a punishment for crime, and may prescribe additional qualifications for voters in municipal elections. - ARTICLE V. All persons, who'shall be elected or ap-d pointed .to any office of profit'or. trust, be-, fore entering on tho execution thereof, shall take (besides special oaths, not re pugnant to fins. Constitution,-prescribed by the. General Assembly,) the following oath: ' " I do swear (or affirm) that I am duly qualified, according to the Constitution of this State, to oxercise the office to which I hare been appointed, arid that I will, to the best of my ability, discharge the du? ties thereof, and preserve, protect and de? fend the Constitution "of this* State, and that of the United States. So help me God." ARTICLE VI-. ? . Section 1. The. House of Representa? tives shall have the sole power of impeach? ing, but no impeachment shall be made, unless with the concurrence of two-thirds of the House of Representatives. Section 2. All impeachmeftts shall be ? tried by tho Senate. ' When sitting for that purpose, the Senators shall be-on oath or affirmation, and no person shall So * convicted without the concurrence of two thirds of the members present." Section 3. The Governor, Lieutenant Governor, and all civil officers, shall be liable to impeachment for high crimes and misdemeanors, for any misbehavior in office, for corruption in procuring office, or for" any act which shall degrade ?their 1 official-efejjvacter. But. judgment in such pases shall not extend further than to re? moval from office, and disqualification to hold any office of honor, trust or-profit, under this State. Tho party convicted.* shall, ncverthcloss."b"c Jiable to indictment, trial, judgment ana punishment according to law. ? Section 4. All civil officers, whose au? thority is limited to a single Judicial Dis? trict, a single Election District, or part of either, shall be appointed, hold their office, - be removed from office, and, in addition to liability to impeachment, may be pun ishciMor official misconduct, in such man? ner as the (rcneral Assembly, previous to their appointment, may provide. Sectios:5; VI1 any civil officer shall bo come disabled from disclmrging the duties of his otfieoj by reason of any permanent bodily or mental infirmity,'his offico may be declared to be vacant-, by joint resolu? tion, agreed to by two-thirds-of the whole ? representation ini each House of the Gen? eral Assembly uProvided, That mch reso? lution shall contain the grounds for tho proposed removal, and before it shall pass either House, a copy of it shall be served* on the. officer,*, and a hearing be allowed him. . '..*-_ ARTICLE VII. ? Section 1. The Treasurer and the Sec? retary of State shall be elected by the General Assembly in tho House of Repre? sentatives, shall hold their offices for four years, and shall not be eligible for the ncxt.succecding term. Section 2. All other officer:* shall bo appointed, as they hitherto have been, until otherwise directed by law; but the same person shall not hold tho office of sheriff for two consecutive terms*. Section.3. All commissions shall bcin .^ the name and by the authority of the State of South Carolina, be sealed with . the seal of'the State, and be signed by* the Governor. . ARTICLE VIII. Ail laws of -force in this State, at tho' adoption of this Constitution, and not re puguant hereto, shall so continue, until altered or repealed by the General Assem? bly, except where they arc temporary, in ? which case they shall expire at the times respectively limited for their duration, if not continued by Act of the General As? sembly. - ; . ' ARTICLE IX. Sec. 1. All power is originally vested in the people, and all free Governments aro founded on their authority, and are instituted for their peace, safety and hap? piness. Sec. 2. Xo person shall bo taken, or im? prisoned, t or disseized of his freehold, liberties or privileges, or outlawed or ex? iled, or in any manner deprived of his life, liberty or property, but by due pro? cess of law; nor shall any bill of attainder, ex post facto law, or law impairing the ob? ligation of contracts, over-be passed by the General Assembly. Sec. 3. The military shall be subordi? nate to the civil power. Sec. 4. Tho privilege of the writ of habeas corpus shall not bo suspended, un? less, when, in case of rebellion or invasion, the public safety requires it. Sec. 5. Excessive bail shall not bo re? quired, nor excessivo fines imposed, nor cruel punishments inflicted. (continued on ]?ourtii. page.)