University of South Carolina Libraries
\ - ^J-JK. ** ? - v-: . 1 - ;",f.' ;/ * " : fl -4?~ . ' * \OLf'ML XXA I. CAMDEN.S.C?? THUliSDil,! AIOIIXIjNGj APIkIL 9, 1868. NtJMBER 37. . - * ? > f. mtt . #i L'WW O0 PUBLISHED WEEKLY BY T. W. PEGITES & S()V . TERMS OF SUBSCRIPTION. Throe Dollars a year Cash?Four Dollardf payment is delayed three months. kates ok auvkktimn'u. pee squake. For the first insertion. $1.50: forthesocond. $1 .00; for the third. To cents; for each sub sequent insertion, 50 cents. Semi-monthly; Monthly an I Quarterly advertisements, $1.50 each insertion. The space occupied by ten lines (solid, of this size type) constitutes a square. Payment is required iu advance from traileienf a Ivertisers. and as soon as the work is done, from regular customers ? . u M,,,if4n'l half yearly lomnci') in t n ? v r adrerti?i?? (payable quarterly) made 011 moderate terms. " "the constitution. j* ' ARTICLE II. LEGISLATIVE DEPARTMENT. Sec. I. The legislative pu??er oi the State shall he vested 1.1 two distinct branches, the One to oe st^ ied the "Senate," and the other tne "House of Representatives," una both together the " General Asseuibly of the State of Souta Carolina. Sec. 2. The blouse of Repl ete..latives shall be composed 01 uieuiuei's chosen by ballot every second year, by the citizens of thisdiute, quaniicu as in this,constitution is pro.iuod. Sec. 3. The Judicial Districts snail hereafter be designated us counties, and the boundaries of tue seveiai i-iiimfshall remain as they are hoA established, except the cuu.ity o: Pickens, which is uereby Uiuucu iuto two counties, by a lme icawng tne southern boundary pi" the ?>iu...c 01 Korth Carolina wnerc Unite w ater i iiiver enters this btaie, a.<d tiience I down the centre ot" said river, bywhatever nauies known, to Kave..Ci s Bridge, on iSenecca Kivcr, awd tiience along the centre of the road icadiug to Pendleton Village, uxitu it intersects the line of cue County oi A..(lersou; and the territory tying east of said line siiaii ho kiipwu as u.e ? county of Pickens; and Hie territory lying west of sar4 line shah be knot* n as tue County of Oconee; lJroit*cay That the Legislature snan na?c me power at any Utue to organise net* counties by changing tne ouu.manes of any of the o.d ones; but .10 cou.hy [ shall be herealter lornicd <ji i.ss e.v1 1 1 ? -1 ..... , [tent tlia.ii six ii Utiurcu ei.m mwij w square miles, nor snud any existing counties be reduced 'o a loss ciit.a than tweuty-tive square rniies. Jbaeu county shall consilium Out* ciccuou district. Sec. 4. The House of Iteprese .tutives shail consist of oneiiunurou a..a twenty-four members, to be apporuo.if cd among the several counties according lo the liuuiber ot luuaoiiUnls contained in each. As cnunicititiou of the inhabitants, for tins puipose, shall be made in lobJ, and uga?.? 1.1 1S76, and shall be made m tuc course of every tenth yeai tiiercaiier, i.?sucn manner as shau be by law du'eeiou ; f and Representatives suaii oc assigned to the different counties in tne aouve mentioned proportion, by act ol General Assembly at tuc session iimnc diately succeeding every enumeration; Provided, That until me apportionment which shall oe made upon liie next enumeration shall lake euect, .the representation ol tiie several ouuu.ties, as herein stated, shad.be aa ioiJows: Abbeville, 6; Andeiao.i, 3; Barnwell, ti; Beaufort, i; Cuaiiesioii, 18; Chester, 3, Clarendon, 2; Uoneio.., 5; Chesterfield, 2; Uarln.gio.., J; Edgefield7; hanlieid, 3; UeoigciuM., 3; Creeaviilc, 4; llorry, 2; jvciouavt, 2; Lancaster, 2; Laurels, 4; Juiexi.-gton, 2; Alaru>u, 4; Marlboro , -; -Newberry, 3; Cconee, 3; Orai.geuuig, 4; Pickens, 1; Kichlaud,4;fc>paiia?iourg, i 4; Sumter, 4; Union, 3; \\ iiuauishuig, * 3; York, 4. 1 Sec. .5. If the enumeration herein directed shall not be made m tiie course of the year appointed for the purpose, it shall be me duty ol tue Crovernor to have it effected as soo.i thereafter as shall be practicable. Sec. 6. In assigning representatives to the several counties, the Central Assembly shall allow one representative to every one hundred and tweuty-fonrth part of the whole num4>Ar nf inhabitants in the State; Pro tided, That if in the appointment o! representatives any county shall aj>pear not to be entitled, from its pop * ulation to a representative, sifch county. shall, nevertheless, send one representative, and if there be still a deficiency of the number of representatives required by section 4 of this article, 6uch deficiency shall be sup ? nlif'l by as?ig inj representatives to tho-e counties having the largest: suvn'.ns frac?io s. Sec. 7. No appointment as reprc sentatives shall ho construed to talceffect, in a v mriiior, u itil the genera! election which sh; 11 succeed apsuch apportionment. See. 8. The Senate shall lie composed of o c member from each county to he elected for the term of four wars, by the qualified voters of the State, in the same manner in which members of the Houee of Representatives are chose:.; except the countv of Charleston, which shall be a!!ow?d two Senators. Sec. 9. Upon the meeti; g of the first General Asseinbv which shall he chosen under the provisions of this constitution, the Senators shall be divided, by lot, into two classes, as early equal as may be; the seats of the Senators of the first class to he vacated at the expiration of rxv.j years after the Moidiy followi gthe go-era! election, and of those of the second class at the expiration of four years: so that, except as above pro vided, one of the Senators may be chosen every second year. Sec. 10. No person shall he eligible to a scat in the Seriate or House of Represe. tatives who, at the time of his election, is not a citizen of the United States; nor any one who has ;ot been a resident of this State,it od j for three mo ths next preceding hi* election a residei.t of the county i whe ce he may be chosen, nor a. v ? 9 ! o e who has been convicted of an I infamous crime. Se: a tors shall heat least twenty-one years of age. Sec. 11. The first election for Se: ators and Representatives u d r -i - . - - - -s ; ui6 provisions 01 mi.* 'Miiuiiu i J shall be held on the 14th. 15th and J llJth days of April of the present year; ami the wo d election shall be held o the third Wednesday in (leftover. 1 "$70. a !d forever thereafterI on the same day i' every second year in such mam er a d at such p'aces as the legislature may hereafter provide See. 12. The fii>t session of the Cle era! Assembly after the ratification ??f this to -tirti i.M, -h.tii loco vem-d o- the second Tuesday i . May of die pres.- t year, i the City | of Columbia wl.nh hah nuaii. J.ei ." at of gover no- t until otherwise| del?-in:i i-d ! v th eo i ir r -eeoftwo third*- of both bra t;bes of the *iioi*-| ivpresentatio i. a d thereat":it on the i fourth Tiles lay i i November a e uai!v. Should the casualties of war or1 ? . I contagious diseases vender itu. safe to; it c -! at tile seat of government, then ! t e Govej-i or may. by proclama iot, appoint a more secure a. d coovo- ie-t place of meet i g. 1 Sec. l-'i The Term.-of office of the ; Se ato'-s a d II 'ine of Kopresenta tives eh'i<e,: at a g<- era I election, shall begh on tin- .\io, day fullowi g such election. Sec. 13. Eaeh House shall judge of the electio.: returns a .d qualificu-; tio s of its own members; and a -r i. ir..., t?ll cti. illcij ?ruj Ol CSCU i XtiU.-iC --lia.il vui.rHtute a <}uorum to do business; but a g nailer i.umber may compel the attendance of absent members, in such manner a-.d under such penalties as' may be provided by law. Fee. 1"). E icli Ilou*c shall choose its officers, determine in- rules of pro-' ceedii g: punish its members fo dis-! orderly behavior, and with the con-j curreneeoftwo-rhirds, expel a member but i.ot a second time for the same c; u -e. Sec. 1 Each House may punish by imp i onin" t, duri: g its sitti' jr. a y | eis> . no a member, w .o -ball be guilty "f disrespect to tin; House . by a iv disorderly or co aempluous behavior in its presence; or who, during the t mc of its sitti' g, shall' j threaten harm to body or estate of any memb. r for aiiythii-gsaid or done ! in either House, or who shall assault or arrest any witMSs or other person 1 , (r iered to attend the House, in his going thereto <>v returning therefrom, <?r who shall rescue any per on arrested by order of the House; Provided, That such term of iuipriso: met.t shall not in any ease extend bevo tl the term of the session of the General A ^Hi?inlilv. See. 17. The members of both Houses shall he protected in their persons and estates during tlieir attendarice on, going to, and returning from the General Assembly, ami ten days previous to the sitting, and ten after the adjournment thereof, 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. Sec. 18. Bills for raising a revenue shall originate in the House of Representatives, hut may ho altered, amended*or rejected by the Se .ate; and all other bills may originate in either House, and may be amended, altered or rejected by the other. Sec. 19. The style of all laws shall he, ''Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly and by the authority of the same." See. 20. Every act or resolution having the force of law shail relate to hut n.,e subject, andvthat shall be expressed in the title. Sec. 21. No bill shall have the force of law until it shall have been read three times, and on three several days, in each House, has hacl the Great Seal of the State affixed to it, a d lias heen signed in the &nate a d House, by the President of the .S'c.nite and the speaker of the House of Represei tatives. Sec. 22. No mo iey shall be drawn from the treasury hut in pursuance of an appropriation made by law, ami a regular .statement and account of the receipts and expenditures of all publie moneys shall bepu dished annually in such manner as may be by law directed. Sec. 2-3. Each member of the first General Assembly under this constitution shall receive six dollars per diem while in session, and the further sum of twonty-five cents for very mile of the ordinary route of travel in goii.g to and returning from the place where such session is held: after which they shall receive such compensation as shall he fixed by !aw hut. no General Assembly shall have ?t..? ni.trnv In i..nl>..utn t 11 <? r>nlliri|.|IC!l. lilt pwi? V'l I'/ I I V/l ll|V ? ?? ? tio:i of its own members. Ami when convened in extra session, they slial receive the same mileage ami per dkm compensation as are fixed by law for the regular session, and none other. Seti; 24. lit all elections by the Ge< eral Assembly, or either lloiisc thereof, the members shall vote "viva roee," ami their votes, thus given, stagII be ( tered upo' the journal of the House to which they respectively belong. See. 2~). Neither House, during tin s??s-io.i of the General Assembly, shall without tlip consent of the other, adjourn for Wore than three days, nor to any other place than that in.which the Assembly shall be at the time sitting. Sec. 26. Each House shall keep a jour, al of its own proceedi: g.% and cause the same to be published im ri. ib itc'v after its a Viuruiiiei t, ex cepti;?g such parts as in its judgment may rr-qiiiro secrecy; a; <1 tlu* veas a 11 i nays of either House on a ivquestio ; shall at the desire of any two members present, lie entered on the journals. Any member of cither House shall have liberty to dissent from, and protest against, any act or resolution which lie may think injurious to the public or to an individual, and have the reasons of his dissent entered on the journals. Sec. 27. The doors of each House shall he open, except on such occasions as in the opinion of the l.louse may require secrecy. See. -X. No person shail be eligible to a se;|t in the Assembly whilst he holds a v office of profit or trust u ider this State, the United S'ntes of America, or a: y of (hem, or ui dor h> v power, exui pt officers in the militia, magistrates, or justices of i: ferior courts, while such justices receive no ' ' .. 1 ... I .71 .vilMW. A-<l 11 a y lm-uiiii'i miuii except or exercise a: y of the saiil iifyi g offices, lie shall vacate liis seat; Provided* That this prohibition shall not extc.al to the members of the first (jrei.erul Assembly. S?t\ 2H. If a:.y election district shall neglect to choose a member or inemhers on the day of election, or if a iv person chosen a member of either House shall refuse to qualify and take his seat, or resign, die, depart from, the State, accept any disqualifying office, or'heeouie otherwise disqualified to hold his seat, a writ of election shall he issued by the President of the Senate, or Speaker oft he House of Representatives as tl erase may he, tor the purpose of fiili g the vacancy thereby occasioned, for the remainder of t fie term for which the person refusing to qualify, resigning, dying, d- partn g the State, or hecoming disqualified was elected to ?? *1'* ,1 aT.> it bi v> nl rt/if iitit /I ? serve, III' lIIU HCI i?Uiling cicwim;ii mntrict ought to have chosen a member or members. ??mmn?mmm mwawaHUMai | ^Sec. 30. Members of tlie General, < Assembly, and all officers before < jtjiev enter upon the execution of ti e 1 >Wkies of their respective offices, and ' a'l members of the Bar before they 1 enter upon the practice of the pro- J fe^Wi, Khali take and subscribe the < following hath: * 'I do solemnly swear (or affirm as I theense may be) that I am duly qual- ified according to the Constitution of ' the United States to exercise the du- ' ties of the office to which 1 have been ' clrt&ted (or appointed,) and that I will < fuitfifuliv discharge to the best.of my abi'iiK'i the duties I'd?: th"t ' rccftgnize the supremacy of the Con- 1 stitution of the United States and < the Constitution of South Carolina. f as ratified by the people on the * 1 , v .v?. lSoS. S HKF.P MF J A orl the T,r"?id'* of 'his eo 1 vefition is authorized to fill the blanks * in this section whenever he shall re-' * ecft e satisfactory information of the 1 . - . he ratified. ! Sec. 31. Officers shall be removed * for i capacity, ninca iduel: or neglect ' of dutj\ in sucb manner as may be 1 provided by law, when :io mode of ( trial or rerftoval is pro valid in thi constitution. 1 Sec. 32. The House ofRcpresen- ' tatives shall have the sole power of ( inpeachi <r. liii*-. ;i in ; > : v h^B members elected must concur in an nmoiirlimitiif All irnncacliuici t : III'. ... shall )?e. tiied by the Seriate, ami when sitting for that purpose theSei.itors shall be upon oath, or affirmation. to do justice according to law intl evidence. No person shall be <>:Sicted without the rouebrrenee o' ' Ao-thirds of the Senators present. See. 3-3.' The Governor, Lioute i t-Groveriior. a d all other civil pffi rs ?hall he li,ihh.? to impeachment for high crimes and misdemeanors, for any uiis .ehavior in office, for rorrup . m i in procuring office, or for :i y art which shall degrade their official qhfiva*ter. But judgment in sucj j*.ses?shall no? extend further, than to vnioval from -olfice a il di>i{i:alifii:a ion to hold anv office of lio or. trus' or profit under the State. The party convicted shall nevertheless he liahh to indictment, trial, judgment and punishment according to Jaw.See 34 The first G4 era I A hlv convened under this constitution ' " . ? I at tncir nrsisession iinuininiM < ....... permane11 organization, shall ratify ^ the amendment to the Constitution of the United States, known as article ! 14th, proposed I?v the 39th Congress. | ARTICLE III. # EXECUTIVK DEPARTMENT. Sec. 1. The Supreme Executive i authority of this State shall he vested i in a Chief Magistrate, who shall he styled ''The Governor of the Stated ' South Carolina." t See. 2. The Governor shall he < elected at the first general election ! held nnder this Constitution for members of the General Assembly and at I each general election thereafter, and ! shall he installed during the first ses s sion of said General Assembly after i his election, on such day as shall he provided hv law. I Sec. 3. No person shall he eligible to the office of Governor who dome * ? CRnt. rr ni* 1 U10 tWIXlCIICU III il niijn vii v wn pi ? who, ?r any time of such election. ha? i not attained the age of thirty years; I and who. except at the first electio; i under this Constitution, shall hot ' : have heen a citizen of the United States, a d a citizen a <1 resilient of I | this State for two years next preee- I di g the day of election. No person, t while Governor, shall hold any other I office or commission, (except in the < militia,) under this State, or any other power, at one and the same time. 1 | Sec. 4. The returns .if every elec- i tien of Governor shall he sealed up < hv the nuinagcrB of elections in their < res[>cctivc Counties, and ransniitted, by mail to the seat of Goveriimenf. to the Secretary of State, who shall i deliver them to the Speaker of the . House of Representatives #at the i next ensuing session of the General < AsstmMv, and a duplicate of said re- J I turns shall be filed with tie Clerks of I the Courts of said Coui tics, whose duty it shall be to forward to the So- ] eretary of Si ate a certifiei. copy there- i of, upon being notified that the re-' turns previously forwaided by mail < have not been received at his office. It shall he the duty of the Secretary i of State, after the expiration of seven i days from the day upoi which the votes havo been, counter, if the re- 1 ? > r ? 4_ i turns inercoi uom any nave 1 pot boen rocoived, to notify the Clerk 11 )f the Court of said County, and| >rder a copy of the returns filed in lis office to be fonrarded forthwith, rhe Secretary of State shall deliver , lie returns to the Speaker of the | House of Representatives, at the next' insuing session of the General As-; semhly; aud during the first week of :he session, or as soon as the General rVssembly shall liave organized by :he election of the presiding officer of ijjC^B'o *IIouses, the Speaker shall >poBRnd publish then in the presence >f both Houses. Ttie person having llie'highest number of votes shall be Spvernor; but if two or more shall be *}ual7 and highest in votes, the General Assembly shall, during the same 'ession, fn the House of Reprcsenta ;ives, elioose one ot tncm uovernor riva voce. Contested elections foi* governor shall be determined by the Glen era 1 Assembly in such manner as shall be prescribed by law. Sec. 5. A Lieutenant-Governor, dial] be chosen at the same time, in lie same manner, continue in office 'or the same period, and bcpossosseil 1 )f the same qualifications as the Governor, and shall ex officio be PuesideaJ , )f the Senate. . Sec. C. The Lieutenant Governor, vhile presiding in the Senate, sbajl lave no vote, unless the Senate be equally divided. 0 Sec. 7. The Senate shall choose a President pro tempore, to act in the ibsence of the Lieutenant-Govornor. >r when he sliall exercise the office of. jioyernor. See. 8. A n ember of the Senate, ir of the House of Representatives, >eing chosen as acting Goven or or Lieutenant-Governor, shajl thereupon vacate his seat, and another person diall he elected in his stead. Sec. 0. In case of the removal of lie Governor from his office, or his loath, resignation, removal from the State, or inability to discharge the powers and duties of the said office, the same shall devolve on the,Lieutenant-Governor, and the General Assembly, at its first session after the ratification of this Constitution, shalh \>y law. provide for the case of rcnoval. death, resignation, or inability,* ioth of tlie Governor and Lieutenant Grovernor, declaring what officer shall hen act as Governor, and such officer diall act accordingly, until such disihility shall have been removed, or a Glovernor shall have been elected. Sec. 10. The Governor shall, be GJnmnrmnder-in-Chicf of the militia of he State, except when they shall be ailed into actual service of the United states. i . See. 11. lie shall have pqwer to grant reprieves and pardons after nvivirfinii- (oxi'cnt in cases of imneach rv nt.) in sucli manner, on such terms, trul under such restrictions as he shall liink proper; and he shall have power o remit fines and forfeitures, unless >therwise directed by law. It shall 10 his duty to report to the General Assembly at the next regular session hereafter, all pardons, g'anted by dm, with a full statement of each Hse, and the reasons moving him [hereunto. See. 12. lie shall take care that the laws be faithfully executed in ! orcy. Sec. 13. The Governor and Lieut. Governor shall, at stated times, receive for their services a compensation which shall be neither increased mr diminished during tlic pcrio?l for which iIh'v shall have been elected. See. 14. All officers in theExeeuivc Department shall, when required >y the Governor, give him information in writing upon any subject relating to the duties of their respective offices. Sec. 15. The Governor shall, from time to time, give to the General Assembly information of the condition >f the State, and recommend to their consideration such measures as he dial! judge necessary or expedient. Sec. 16. lie may, on extraordina ry occasions, convene the General* Assembly; and should cither IIouso remain without a quorum for five days, or in case of disagreement between ' the two Houses with respect to thc.j t'me of adjournment, may adjourn i hem to such time as he shall think J proper?not beyond the time of the , annual session then next ensuing. | Sec. 17. He shall commission all officers of the State. Sec. 18. There shall he a seal of the State, for which the General Assembly, at its first session, shall pro- j vide, and which shall be used by tho Governor officially, and shall be called '"The Great Seal of the Stato, of South Oetrolina.." Sec. -19 All grants and commissions shall be i&med in the name of a d by the nntnorityi of the State of South C:;ro:iwa5 sealed with the great seal, Bigned by the Governor-and counter-sigued by the Secretary of State. ' Sec. 20. The Governor and the Lieutenant-Governor, before entering upon the duties of their respective offices, .shall, take and subscribe the oath of offifctj as prescribed in Article II, Section 31, of this Constitution. Sec. 21. The Governor shall reside at thfr.Capitol of the State; but during tiro sittingg^of the General As?emb$> he shall "reside- where its sessions' are held, except case of contagion. See. 22. Every bill or joint resolution which shall have passed th? General Assembly, except on a question of adjournment, shall, before it becomes a law, be presented to the Governor, and, if he approve, ho shall return it, with his'' objections, to the House in which it shall have originated, which shall enter the objections at large on its journals, and proceed <o reconsider it. If, after such reconsideration, two-thirds of that House stall agree to pass it, it shall be tent, together with tho objection*, to the other House, by which it shall be reconsidered, and, if approved tyy two+ rtf iliof Ua?OA if fliA hiuho i/i utaw iiuu^ n nuaii uarc Viiw same effect us if it had been signed by Jthe Governor ; but, in alt such cases, the votes of both Houses shall be Uk ken by yeas and nays, and the names of the persons voting for and against the bill or joint resolution shall be entered on the journals of both Houses respectively. If a. bill or joint resolution shall not' be returned* by the Governor within throe days after it shall have been presented to hirii,. A'undnys excepted, it shall have the same force and effect as if he had signed it, unless the General Assembly, by their adjournment, prevent its return; in which case it sliall not have such force and effect, unless, returned. within two days after their next meeting. Sec. 23. There shall be elected by .1 ! /? i n. the quannca voters or mo state a , Comptroler-General a Treasurer and a /Secretary of /State, who shall hold their respective offices for the' term of four years, and whose duties and compensation shall be prescribed by law. ?. : ' " 1 ARTICLE IY> JUDICIAL DEPARTMENT. Sec. 1. The judicial power of thia State shall be vested in a Supreme Court, in two circuit Courts, to wit: A Court of Common Pleas having civil jurisdiction and a Court of General Sessions, with criminal jurisdiction only in Probate Courts, and in J list ices of the Peace. The General Assembly piay also establish such municipal and other inferior courts as may be deemed necessary. Sep. 2. The Supreme Court shall consist of a Chief Justice and two Associate Justices, two of whom shall constitute a quorum. They shall be elected by a joint vote of the General Assembly for the term of six years, and shall continue* in office until their successor shall be elected and qualified. Tacy shall bp so classified that one of the Justices shall go out of office evcrj two years. Sec. 3. The Chief Justice elected under this Constitution, shall continue in office for six years, and tho General Assembly, immediately after the said election, shall determine by A lot which of the two nssociatcjusticeo elect shall serve for the term of two years; and having so determined the same, it shalLbe the duty of the Gov- * ernor tocomirn?ion them accordingly. See. 4. The Supreme Court shall have appellate jurisdiction only in cases of chancery, and shall constitute a court for the correction of errors at law, under such regula j as the General Assembly may by law prescribe: Provided, The said court shall always have power to issue writs of injunction, majidamxis, quo icarranto, habeas corpus and such other original writs as may bo pecessary to give it a general supervisory control over all other courts / in tnc oiarc. - i . Sec. 5. The Supremo Court shall he held at least once in each year, at - ( the seat of Government, and at such other place or places in the State as the General Assembly may direct. Sec. G. No judge shall preside on the trial of any cause in the event of whrch he may be interested, or where cither of the parties shall be conneo ted with him by affinity er e<mtm*