The watchman and southron. (Sumter, S.C.) 1881-1930, December 18, 1895, The Watchman and Southron Extra, Image 9
THE
Watchman and Southron
-EXTRA.
SUMTER, S. C.
"WEDNESDAY, DECEASES 18, IS95
TRK MW THE PEOPLE MUST
KOW LIVE UNDER.
i BOTT WEIL IBU pS?Sfi.
JTue Full Text of South Carolina's New
Organic Law as Adopted.
o
Following is the ii-li text cf the
New Constitution, as finally adopted
bv the recent South Carolina Con
stitntionnl Co * ' " .
* We, the people of the State o?
Sonth Carolina, in Convention assem?
bled, grateful to God for our liberties,
Ho ordain and establish this Coastitu
?ion for the preservation and perpetu?
ation, of the same.
AETICLE L
DECLAMATION OP EIGHTS.
Section X. All political power is
vested in and derived from the people
only, therefore they have the right at
all times to modify their form of gov?
ernment.
?See. ii. Representation in the house
of representatives shall be apportioned
according to population.
Sec. 3. The general assembly ought
frequently to assemble for the redress
.of grievances and for making new laws,
?s the common good may require.
Sec 4. The general assembly shall
make no law respecting an establish?
ment of religion or prohibiting the
free exercise thereof, or abridging the
freedom of speech or of the press; or
ihe right of the people peaceably to
?assemble and to petition the govern?
ment or any department thereof for a
redress of grievances.
Sec. 5. The privileges and immuni?
ties of citizens of this State and of the
Dnitea States under this Constitution
shall not be abridged, nor shall any
person be deprived of life, liberty or
property without due process of law,
nor shall any person be denied the
?quai protection of the laws.
Sec. 6. All property subject to tax?
ation shall be taxed in proportion to
.tts value.
Seo. 7. No tax, subsidy, charge,
.impost tax or duties shall be establish?
ed, iixed, laid or levied, under any
pretext whatsoever, without the con?
sent of the prople or their representa?
tives lawfully assembled.
Sec. S. No bill of attainder, ex
..post facto law, law impairing the obli?
gation of contracts, nor law granting
any title of nobility or hereditary emo
iument, shall be passed, and no con?
viction shull work eonuption of blood
or forfeiture of estate.
Sec. 9. The right of suffrage, as re?
gulated in this Constitution, shall be
protected l'y law regulating elections
and prohibiting, under adequate pen?
alties, ail uudue iufiuences from pow?
der, bribery, tumult or improper con?
duct.
Sec. 10. All elections shall be free
-.and open, and every inhabitant of this
State possessing the qualifications pro?
vided for in this Constitution shall
shave an equal right to elect officers
and be elected to till public office.
Sec. ll. No property qualification,
.unless prescribed in this Constitution,
shall t>e uecessary for an election to or
?the holding of any office. No person
shall be elected or appointed to office
in this State for iife or during good be?
havior, but the terms of all officers
shall be lor some specified period, ex
?cept notaries public and officers in the
.militia. After the adoption of this
Constitution any person who shall tight
a duel or send or accept a challenge
for that purpose, or be an aider or
abetter in lighting a duel, shall be de?
prived of ^olding any offi\ e of honor
-or trust in this State, and shall be oth?
erwise punished as the law shall pre?
scribe.
Sec. 12. Temporary absence frcm
the State shall not forfeit a residence
.once obtained.
Seo. 13. The power of suspending
the laws or the execution of the laws
shall only be exercised by the general
assembly or by its authority in par?
ticular cuses expressly provided for
bj it
seo. 14. Ir: the government of this
State the legislative, executive and
judicial powers of thc government shall
be forever separate and distinct from
each other, and no person or persons
exercising the functions of one of said
?departments shall a same or discharge
the duties of any other.
Sec 15. All courts shall be public,
and every person shall have speedy
?emedy therein for wrongs sustained.
. Sec. 16. The right of the people to
be secure in their persons, houses, pa- j
pers and effects against unreasonable
searches and seizures shall not be vio?
lated, and no warrant* sb di issue bnt
Upon probable canse, supported by
oath or affirmation, and particularly
describing the place to be searched and j
the person or tiling to be seized.
Sec. 17. No pei>ou shall be held to j
answer for a:?y crime where the pun- I
ishtnent exceeils a fine of $100 or im- i
^risonment for 30 days, with or with- j
ont hard labor, unless on a prese:
ment or indictment of a grand iury
the county where the crime shall ba
been committed, except in cases arisii
in the land or naval forcea or iu t
militia whoo in actual servi.e in tin
of war or public danger; nor shall ai
j person be subject for the same o:?eu
? to be twice put in jeopardy ot' li ie
liberty, nor shall be compelled in ai
criminal case to be a wi mess again
himself. Private property sb:<ll not '
taken for privat? use without the co
j sent of the owner, nor for public u
I without just compensation being ?i
made therefor.
j Sec. IS. In all criminal prosee
tions the accused shall enjoy the rig!
to a speedy and public trial by an ii
partial jury, and to be fully informe
of the nature and cause of the accus
tion; to be confronted with the wit
nesses against him, to have compuls
ry process for obtaining witnesses i
his favor, and to be fully heard iu h
defense by himself or by his couns
or by both.
Sec. 19. Excessive bail shall nt
be required, nor excessive fices in
posed, nor cruel and v.nusual punisi
meuts inflicted, nor shall witnesses I
treasonably detained. Corporal pur
ishment shall not be inflicted. TL
power to punish for contempt shall nt
in auy case extend to imprisonment i
tho State penitentiary.
Sec. 20. Ail persons shall, befoi
conviction, be bailable by suOicie:
sureties, except for capital oifen&t
when the proof is evident or the pr?
sumption great.
Sec. 21. lu all indictments or prc
secutions for libel, the truth of the a.
leged libel may be given in evidence
and the jury shall be the judges of th
law and the facts.
?ee. 22.. Treason against the Stat
shall consist alone in levying war or i
giving aid and comfort to enemie
a?raiust the State. No person shall li
held guilty of treason, except upo
testimony of at least two witnesses ti
the sameoveit act or upon confessio:
in open court.
Sec. 23. Tho privileges of the wri
of habeas corpus shuli nob be suspend
ed unless when, in case of insurrection
rebellion or invasion, the public safe
ty may require it.
Sec. 24. No person shall be im
prisoned for debt except in cases o
fraud.
Sec. 25. The right cf trial by jur
shall be preserved inviolate.
Sec. 2o. A well regukted militii
being necessary to the security of i
free State, the right of the people tc
keep and bear arms shall not be in
fringed. As in times of peace armies
a?e dangerous to liberty, they shal
not be maintained without the conseu
of the general assembly. Tho militan
power of the State shall always be heh
in subordination to the civil authority
and be governed by it. No soldier
shall in time of peace be quartered ic
any house without the consent of the
owner, nor iu time of war but in the
manner to be prescribed by law.
Sec. 27. No-person shall in any case
be subject to martial lav/ or to any
pains or penalties by virtue of thal
law, except those employed in the
army aud na%ry of the United States,
and except the militia in actual service,
but by the authority of the general as?
sembly.
Sec. 2S. All navigable waters shall
forever remain public highways, free
to the citizens of the States and the
United S ates without tax, impost or
toll imposed: and no tax, toll, impost
or wharfage shall be imposed, demand?
ed or received from the owners of any
merchandise or commodity for the use
of the shores or any wharf erected on
the shores or in or over the waters of
any navigable stream unless the same
be authorized by the general assembly.
Sec. 29. The provisions of the Con?
stitution shall be taken, deemed and
construed to be mandatory and prohib?
itory, and not merely directory, ex?
cept where expressly made directory
or permissory by it? own terms.
AK'illOixE IL
SIGHT OF SUFFRAGE.
Section 1. All elections by the peo?
ple shall be by ballot and elections
shall never be held or the ballots
counted in secret.
Sec. 2. Every qualified elector
shall be eligible to any office tobe vot?
ed for, uuless disqualified by age as
prescribed in this Constitution. But
no person shall hold two offices of hon?
or or protit at the same time, except
that auy person holding another office
may at the same time be an officer in
the militia and a notary public.
Sec. 3. Every male citizen of this
State and of the Uuited States 21 years
of age aud upwards, not laboring un?
der the disabilities named in this Con?
stitution ami pos.^essing the qualifica?
tions required by it, shall bo au elec?
tor.
Sec. 4. The qualifications for suf?
frage shall be as follows:
(a) Kesideueo in tue State for two
year?, ia the county one year, iu the
polling precinct in which the elector
oilers to vote four months, and the
payment six months before any elec?
tion of any poll tax then due aud pay?
able; provided, however, th:tt minis?
ters in charge of au organized church
and teachers of pu i die schools shall be
entitled to vote after six mouths resi?
dence in the Statt , if otherwise quali?
fied.
(fe) Registration, which shall provide
for the enrollment of every elector
once iu ten years and also ??n enroll?
ment dining each and every year of
every elector not previously registered
nuder the provisions of this article.
(c) Up to January 1, 189S, ?ll male
persons of voling age applying fori
registration who ? read any section |
m ifris Constitution HHomitted to them j
by the registration oiiicer, or under- !
stand and explain !t \ h. u read to them
by the registration o nicer shall-bc en?
titled io register an 1 become electors.
A separate record of u\\ parsons regis- ?
tered bf fore January 1, 18?'8, sworn to j
-M--ar? III 11'Mummt? ?iiiminimiinmao?
by the registration officer shall be file
one copy with the clerk of court ai
one in the office of the secretary
state, on or before February ?, IS!;
and such persons shall remain duri:
lifo qualified electors unless disqua
fied by the other provisions of th
article. The certificate of th? clerk i
court or secretary ci' state shall 1
sufficient evidence to establish tl
right of said citizens to any subs
quent registration and the franchi
under the limitations herein impose
. (b) Auy person who shall apply f<
registration after January 1st, ISdS.
otherwise qualified, shall be registers
provided, that he can both read ar
write any section of this Constitutic
submitted to him by the registiatic
officer, or car? show that he owns ac
has paid all taxes collectible durir
the previous year on property in th
Stute assessed at $390 cr more.
(e) Managers of elections shall r>
quire of every ejector offering to vol
at any election, before allowing him 1
vote, proof of the pay mont of a
tuxes, including poll tax, assesse
against him and collectible during tl
previous year. The production of
certificate or of the receipt of tl
officer authorized to collect such tax(
shall be conclusive proof of the pai
ment thereof.
(i) The general assembly shall, prc
vide for issuing to each duly registere
elector a certificate of registration an
shall provide for the renewal of sue
certi?cate when lost, mutilated c
destroyed, if the applicant is still
qualified elector under the provision
of this Constitution, or if he has bec
registered as provided in snbsectio
to
Sec. 5. Any person denied registra
tion shall have the right to appeal t
tho court of common pleas or an
judge thereof, and thence to th
supreme court, to determine his righ
to vote under the limitation impose
in this article, and on such appeal th
hearing sh?ll be de novo and th
general assembly shall provide by la1
for such appeal and for the correctio
of illegal and fradulent registration
voting and all other crimes against th
election laws.
{Sec. 6. The following persons ar
disqualified from being registered o
votiug:
First. Persons convicted of burg
lary, arson, obtaining goods or mono
under false pretenses,perjury, forgery
robbery, bribery, adultery, bigamy
wife-beating, housebreaking, receivin;
stolen goods, breach of trust wit]
fraudulent intent, fornication,sodomy
incest, assault with intent to ravish
miscegenation, larceny or crime
against the election laws; provided
that the pardon of the governor sha!
remove such disqualification.
Second. Persous who are idiots, in
sane, paupers supported at tho publn
expense, and persons confined in an^
public prison.
Sec. 7. For the purpose of voting
no pe!Son shall be deemed to hav<
gained or lost a residence by reason o
his presence or absence while employ
ed in the service of the Umted States
nor while engaged in the navigatioi
of the waters of this State, or of th<
United States, or the high ecr.s, no'
while a student of any institution o.
learning.
Sec. 8. The general assembly sha!
provide by law for the registration o:
all qualified electors and shali pre^
scribe the manner of holding election:
and of ascertaining the results of th<
same; pro\i?led, at the first registra
tion under this Constitution, and until
the 1st of January, 1898, the registra?
tion shall he conducted by a boar?!
of three disreeet persons in each
county, to be appointed by tho gov?
ernor, by and with the advice and
consent of the senate. For the first
registration to be provided for uudei
this Constitution, the registration
books shall be kept open for at least
six consecutive weeks, and' thereafter
from time to time at least one week in
each mouth, up to 30 daya next pre?
ceding the first election to be held nu?
der this Constitution. The registra?
tion bonks 6hali be public records
open to the inspection of any citizen
at all times.
Sec. 9. The general assembly shall
provide for the establishment of pol?
ling preciucts in the several counties
of the State and those now existing
snail so continue until abolished or
changed. Each elector shall be required
to \ote at his own precinct, but pro?
vision shall be made for his transfer to
another precinct upon his change of
residence.
Sec. 10. The general assembly shall
provide by law for the regulation of
pa:ty primary elections and punishing
fraud at the same.
Sec. ll. The registration books shall
close at least 30 d iys before an elec?
tion, during which time transfers and
registiaiion shall not be legal; pro?
vided, persons wno will become ot age
during that period shall he entitled to
registration bet?re the boohs are
closed.
Sec. 12. Electors in municipal elec?
tions sh:dl poss? ss the qualifications
and be subject to the disqualifications
her* in prescribed. The production
of a certificate of registration from the ;
registration officers of the county as an j
elector at a precinct incl mied in the j
incorporated city or town in which
the voter desires to vote is declared a
condition prerequisite to his obtaining
a certificate of registration for muni- j
ci pal elections, and in addition he
must have been a resident within the j
corporate limits at least four months
before the electiou and have paid all!
taxes due ?nd collectible for the pre- J
Cooing fiscal ye ir. The general as?
sembly .'??.id pi ??vide for the registra- I
tion of all Vt .tera before ea li election j
in municipalities; provided, that noth?
ing h> rein contained -hull apply to any ;
nmnicij al elections which may be 1: ld I
p?ior to thc general election of tho ?
vefir 1 v-!?.
ec. 1 . in authorising a special
e.eeuon in any incorporated city or '
?.town, in this State for the purpose of
bonding the same, the general assem
; b?y shall prescribe as a condition pre?
cedent to tho holding of said election
j a petition from a majority of the free?
holders of said city or town as shown
i by its tux books, and at such elections
ail eltctors of such city or town who
are daly quati?Ted for voting under sec
jtion 12 of f* article, and who have
! paid all ta i. State, county and
; municipal, for the previous year, sin:]!
? be allowed to vote, and the vote of a
j majority of those voting in said elec?
tions shall be necessary to authorize
the issue of said bonds.
See. ii. Electors shall in all cases
j except treason, felony or breach of the
1 peace, bc privileged from arrest on
I the days of election during their afc
? tendance at the polls and going and re
i turning therefrom.
j Sec. 15. No power, civil or military,
I shall at auy time interfere to prevent
1 the free exercise of the right of suf?
frage in this State.
! ARTICLE Ul.
LEGISLATIVE DEI.AET3?ENT.
Section 1. The legislative power of
this State shall bd vested in two distinct
branches, the one to be styled the
"Senate," aud the other the "House of
Representatives," and both together
the "General Assembly of the State of
South Carolina."
Sea 2. The house of representatives
shall be composed of members chosen
by ballot every second year by citizens
of this State, qualified as in this Con?
stitution is provided.
Sec. 3. Tue house of representatives
shall consist of 124 members, to be ap?
portioned among the several counties
according to the number of inhabitants
contained in each. Each county shall
constitute one election district. An
enumeration of the inhabitants for this
purpose shall be made in the year 1901,
and shall bc made m the course of
every 10th year thereafter, in such man?
ner as shail be by law directed: Pro?
vided, that the general assembly may
at auy time, in its direction, adopt the
immediately preceding United States
census as a true and correct enumera?
tion of the inhabitants of the several
counties, and make the apportionment
of representatives among thc several
counties according to said enumeration:
Provided, further, that until the appor?
tionment which shail be nmde upon the
next enumeration shall take effect, the
representation of the several counties as
they now exist (including the county ?
of Saluda established by ordinance) j
shall be as follows: Abbeville, 5;
Aiken, 3; Anderson, 5; Barnwell, 5;
Beaufort, 4; Berkeley, 4; Charleston.
9; Chester, 3; Chesterfield, 2; Claren?
don 3; Colletnn, 4; Darlington, 3;
Edgct?eld. 3; Fairfield, 3; Florence, 3;
Georgetown, 2; Greenville, 5; Hamp?
ton, 2; Horry, 2; Kershaw, 2; Lan?
caster, 2; Laurens, 3; Lexington, 2;
Marion, 3; Marlboro, 3; Newberry, 3;
Cconee, 2; Orangeburg, o; Pickens, 2;
Richland, 4; Saluda, 2; Spartanburg,
6; Sumter, 5; Union, 3; Williamsburg,
3; York, 4; Provided, further, that lu
the event other counties are hereafter
established, theu the general assembly
shail reapportion the representatives
between the counties.
Sec. 4. In assigning repr?sentatives
to the several counties, the general
assembly shall allow one representative
to every one hundred and twenty-fourth
part of the whole number of inhab?
itants in the State: Provided, that if
in toe apportionment of representatives
any county shall appear not to be en?
titled, from its population, to a repre?
sentative, such county shall, never
I theless send one representative; and
j if there be still a deficiency in the
I number of representatives required by
section third of this article, such de?
ficiency shall be supplied by assigning
representatives to those counties hav?
ing the largest su Ipi us fractions.
Sec. 5. No apportionment of repre?
sentatives shall take effect until the
general election which shall succeed
such apportionment.
See. ?. The senate shall be composed
of one member from each county, to
be elected f<?r the term of four years
by the qualified electors iu each county,
in the same mauner iu which members
of the house of representatives are
chosen.
Sec. 7. No person shall be eligible to
a seat in the senate or house of repre?
sentatives wh > at the time of hie elec?
tion, is not a duly qualified elector
nuder this Constitution in tho county
in which he may be choseu. Senators
shall oe at least 25 and representatives
at least 21 years of age.
Sec. 8. The first election for mem?
bers of the house of representatives
un 1er this Constitution shall be held
<?n Tuesday afetr the first ??onday in
November, 189o.and every second year
?herealter, iu such manner and tnsnch
j Kees as the general assembly may
prescribe.; and thu ii rsi; eleetio J for
senators sim li be held on Tues.lay after
the first .Mouiia .' iu November, ii) ".??'>,
and ( Very fourth year t-hereaiter ex?
cept in counties ia which there was an
eb dion for senator in 189? for a full
term, in which counties no election for
senator shall bc neid natil the general
election to l>o held in 1S93 and every
foui ih year thereafter, except to fill
vacancies. Senators shall be so classi?
fied that one-half of th--;:- number, as
near.'y as practicable, shail bo chosen
every two years. Whenever the g?'?
eral assembly shall establish more thau
one county at any session, shall so
prescribe the first term of the senators
from s ich CO un ti as to observe such
classific itioii.
See. 9. The annual session of the
general assembly heretofore elected, ?
fixed bv the Constitution ol' ti>o V? ar !
IS'iS to convene on tue ion;*.!' '"ees-:
clay ot iXovcuiber, iii tue year, ....??>, is :
herebe postponed, a:-.i the same shall !
be convenes.] a:?d held in the city of j
(columbia OM thc S-COM! V::e.'iv in j
Fat* Harv, \\\ th - y<;ir iSi?f:. ?!: first
;essto:j of the g< ne ?ss: m-ny elected
m dei this constitution shall eon vene '
in Columbia on the second Tuesday in
January, in the year 1897, and there?
after annually at the same time and
place. Should the casualties of war
or contagious diseases render it unsafe
to meet at the scat of government then
the governor may by proclamation ap?
point a more secure and convenient
place of meeting. Members of the
general assembly shall not receive any j
compensation for more than forty days j
ot any one session: Provided, that j
this limitation shall not affect the first
four sessions of the general assembly
under this constitution.
Sec. 10. The terms of office of the
I senators and representatives chosen at
I a general election shall begin on the
Monday following such election.
.-iee. ll. Each house shall judge of
the election returns and qualifications
of its own members, ar.d a majority of
each house shall constitute a quorum to i
do business: but a smaller number may j
adjourn from day today, and may j
compel the attendance of absent mem- j
hers, in such manner and under such j
penalties as may be provided by law j
I or rule.
! Sec. 12. Each house shall cheese its
own officers, determine its rules of
procedure, punish its members for dis?
orderly behavior, and, with the con- j
currenee of two-thirds, expel a mern
ber, bat not a second time for th:) same
cause.
Sec. Vd. Each house may punish by
imprisonment during its sitting any
person not a member who shall be
guilty of disrespect to the house by
any disorderly contemptuous behavior
i in its presence, or who, during the
time of its sitting, shall threaten harm
to the body or estate of any member
for anything said or doue in either
house, or who shall assault them there?
for or who shall assault or arrest any
witness or other person ordered to at- :
tana the house in his going thereto or
? returning therefrom, or who shall res?
cue any person arrested by order of ',
the boase: Provided, that such time
of imprisonment shall not in any case.
extend beyond the session of the gen?
eral assembly.
Sec. 14. The members of both
houses shall be protected in their per?
sons and estates during their attend?
ance on. going to and returning from
the general assembly, aid 10 ?lays pre
: vio ns to the sitting and 10 days after
the adjournment thereof. But these
privileges shall not protect any mem?
ber who shall be charged with treason,
felony or breach of the peace.
Sec. 15. Bills for raising revenue
shall origin te in the house of repre?
sentatives, but may be altered, amend?
ed or rejected by the senate; all other :
bills may originate in either house,
and may be amended, altered or re?
jected by the other.
See. lo*. The style of all laws shall
be: "Be it enacted by the general as?
sembly of the State of South Carolina."
Sec. 17. Every act or resolution
having the force of law shall relate to
but one subject, and that shall bo ex?
pressed iu the title.
Sec. IS. No bili or joint resolution
shall have the force of la.v until it shall
; have be?iU read throe times and on
three several days in each house, has
had the great seal of the State affixed
to it, and has been signed by the pres--,
d -.ut of the senate and the speaker of
the house of representatives: Provid?
ed, that either branch of the general
assembly may provide by rule for a
: first and third readiug of any bill or
joint resolution by its title only.
Sec. 19. Each member of thegeneral
assembly shall receive five cents for
every milo for the ordinary route of
travel in going to and returning irom
the place where its sessions are held;
no general assembly shall have the
power to increase the per diem of its
own members; and members of the
general assembly when convened in
extra session shall receive the same
compensation as is fixed by law for the
regalar session.
Sec. 20. In ail elections by the gen?
eral assembly, or either house thereof,
the members shall vote "viva voce,M
and their votes, thus given, shall be
entered upon the journal of the house
to which they respectively belong.
Sec. 21. Neither house, during the
session of the general assembly, shall,
without consent of tho other, adjourn
for more than three days, nor to any
other place than that in which it shall
be at the time sitting.
Sec. 22. Each house shall keep a
journal of its own proceedings, and
cause the same to be published im?
mediately after its adjournment, ex?
cepting such parts as, in its judgment,
may require secrecy; and the yeas
and nays of the members of either
house, on any question, shall, at the
desire of ten members of the .house or
five members of the senate, respective- ;
ly. be entered on thc journal. Iny i
member o: either boase shall IMVV
liberty to dissent from and pro est
against any ac'., or resolution which he
may think injurious to the public orto
aa LU iividual, and have the reasons of
hisdisseut entend on the journal.
Sec. 23. The doors of each house
shall be open, except on saca occasions
as in the opinion of the house may re
qnire secrecy.
Sec. 2i. Xo person shall be eli
gig'e to a seat in the general assembly
while he holds any office or position of
profit or trust under this State, the
United States of America, or any of
them, or under any oilier power, ex ?
cept officers ia the militia aa i notaries
public; ?nd if any member shall accept
or exercise any of thc said disqualify?
ing offices or positions he shad vacate
his seat.
Sec. 25. If any election district
shall neglect to choose a member or j
uiemberH on the day of election, or if j
anv person chbseti a mci iber of ? ither j
boase s.miil refuse to qualify and t die
his scat, or shall resign, dm, deoart ?
{.!<. otate, accept any Uisqiuiiliving ot
lice or position, or become o thc* wise j
disonaiilicd io hold h.? sc.::, a writ of i
ciecliou shall ne issued oy the pivgi- ?
dent of the senate or speaker of the
house of representatives, as the case
may be, for the purpose of filling the
vacancy thereby occasioned for the re?
mainder of the term for which the per?
son so refusing to qualify, resigning,
dying, departing tho ?State, or becom?
ing disqualified, was elected to serve,
or the defaulting election district
ought to have chosen a member or
member*:
S* e. y\, Members of the general
assembly, and all o?icexs, before they
enter upon the duties of their respec?
tive of?iees, and ali members of the bar,
before they enter upon the practice of
their profession, shall take and sub?
scribe the following oath: "I do sol?
emnly swear (or ailinn) that I a,m duly
qualified, according to the Constitu?
tion o? this State, to exercise the du?
ties of the office to which I have been
elected, (or a..pointed) aud that I will,
to the best of my ability, discharge
the duties thereof, and preserve, pro?
tect and defend the Constitution of
this State and of the United States. I
do further solemnly swear (or affirm}
that I have not since the first day of
.Jrnuary, ia the year eighteen hundred
and eighty-one, engaged in a duel as
principal or second or otherwise; and
that I will not, during the term of office
to whim I have been elected (or appoint?
ed) engage ia a duelas principal or sec?
ond or otherwise so help me God."
The 27. Officers shali be removed
for incapacity, misconduct or neglect
of duty, ia such manner as may be
provided by law, when co mode cf
trial or removal is provided in this
Constitntion.
Sec. 28. The general assembly shali
enact- such laws will exempt from at?
tachment, levy and sale under any;
mesne or final process issued from any:
court, to the head of the family resid?
ing in this State, a homestead in lands,:
whether held in fee or any lesser es?
tate, to the value of $1,000, orso much
thereof as the property is worth if its
value is less than ?1,000, with the'
yearly products thereof, and to every;
head of a. family residing in this State,
whether entitled to a homestead ex?
emption in lauds or not, persona' prop?
erty to thc* value of ?300, or so much
thereof as the property is worth if its
value is less than ?300. The title to the
homestead to bo set off and assigned
shall be absolute and be forever dis?
charged from all debts of the said
debtor then existing or thereafter con?
tracted except as hereinafter provided:
Provided, That in case any woman
having a separate estate shall be mar?
ried to the head of a family who has
nor, of his own sufficient property to
constitute a homestead as hereinbefore
provided, said married woman shall be
entitled to a like exemption as pro?
vided for the head of the family: Pro?
vided, further. That there shall not be
an allowance of more than SI .000
worth of real esl t.- and .-norethan 3300
worth of personal property to the hus?
band and wife jointly: Provided, fur?
ther, That no propertysball be exempt
from attachment, levy or sale for taxes,
or for payment o? obligations contract?
ed for the purchase of sui 1 homestead
or personal property exemption or the
erection or making of improvements
or repairs thereon: Provided, further,
That the yearly products of said home
stead shail not be exempt from attach?
ment, levy or sale for the payment of
obligations contracted in the ^redac?
tion, of the same: Provided, further,
That no waiver shall defeat the right
of homestead before assign ment except
it be by deed of conveyance, or by
mortgage, and only as against the
mortgage debt; and no judgment cred?
itor or other creditor whose lien does
not bind the homestead shall have any
right or equity ?o require that
a lien which embraces the home?
stead and other property shall first
exhaust the homestead: Provided,
further, That after a homestead in
lauds has been set oiFand recorded
the same shall not be waived by deed
of conveyance, mortgage or otherwise,
unless the samo be executed by both
husoand and wife, if both be living:
Provided, further, That any person
not the head of a family shall be en?
titled to a like exemption as provided
for the head of a family iu all necessa?
ry wearing apparel and tools and im?
plements of trade, not to exceed in
value the sum of ?300.
Sec. 2;). All taxes upon property;
real and personal, shall be laid upon
the actual value of the property taxed
as the same shall be ascertained by an
assessment made for the purpose of
laying such tax.
Sec. 3d. The general assembly shali
never grant extra compensation, fee or
allowance to any public officer, agent,
servant or contractor after service ren?
dered, or contract made, nor author?
ize payment or part payment of any
claim under any contract not author?
ized by la v; but appropriations may
be made fur expenditures in repelling
invasion, preventing or suppressing in?
surrection.
Sec. 31. Lands belonging to or un?
der the control of the State shall never
be donated, directly or indirectly, to
private corporations or individuals, or
to railroad com panies. Nor shall such
land be sold to corporations, or as?
sociations, for a less price than that
for vhich it can be sold to individuals.
This, however, shali not prevent the
general assembly norn granting a righi
of way, not exceeding 150 feet in
in width, as a mere easement to rail?
roads aeross State lauds, nor to inter?
fere with the discretion of the general
assembly in confirming the title to
lands claimed to belong to the State,
bnt used or possessed by other partied
under an adverse claim.
Sec. The g?nerai assembly shall
not authorize payment to auy person
of the salary o? a d 'ceas ? o?lieer be?
yond th ; date of io-; de.-:*h; nor gran!
pensions exe? pt for mihi try aud naval
service; no~ retire any ofiicer on pay
or part pay.
Sec. 33. Thc marriage of a white
perron with a negro br mulatto, or
person who shall have one-eighth oi
more negro blood, shall ?JO unlawful