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house, shall be brought in again during the sitting, without leave of the house, and notice of six days being previously given.
21. No person shall be eligible to a seat in the legislature whilst he holds any office of profit or trust under this state, the United States, or either of them, or under any other power-except officers in the militia, army, or navy of this state, justices of the peace, or justices of the county courts, while they receive no salaries ; nor shall any contractor of the army or navy of this state, the United States, or either of them, or the agents of such contractor, be eligible to a seat in either house. And if any member shall accept or exercise any of the said disqualifying offices, he shall vacate his seat.
22. If any election district shall neglect to choose a member or members, on the days of election, or if any person chosen a member of either house shall refuse to qualify and take his seat, or should die, depart the state, or accept any disqualifying office, a writ of election shall be issued by the president of the senate, or speaker of the house of representatives, as the case may be, for the purpose of filling up the vacancy thereby occasioned, for the remainder of the term for which the person so refusing to qualify, dying, departing the state, or accepting a disqualifying office, was elected to serve.
23. And whereas the ministers of the gospel are, by their profession, dedicated to the service of God, and the care of souls, and ought not to be diverted from the great duty of their functions : therefore, no minister of the gospel, or public preacher, of any religious persuasion, whilst he continues in the exercise of his pastoral functions, shall be eligible to the office of governor, lieutenant-governor, or a seat in the senate or house of representatives.
1. The executive authority of this state shall be invested in a governor, to be chosen in manner following: as soon as may be, after the first meeting of the senate and house of representatives, and at every first meeting of the house of representatives thereafter, when a majority of both houses shall be present, the senate and house of representatives shall, jointly, in the house of representatives, choose, by ballot, a governor, to continue for two years, and until a new election shall be made.
2. No person shall be eligible to the office of governor, unless he hath attained the age of thirty years, and hath resided within this state, and been a citizen thereof, ten years, and unless he be seized and possessed of a settled estate within the same, in his own right, of the value of fifteen hundred pounds sterling, clear of debt.
No person, having served two years as governor, shall be re-eligible to that office, till after the expiration of four years.
No person shall hold the office of governor, or any other office or commission, civil or military, except in the militia, either in this state or under any state, or the United States, or in any other power, at one and the same time.
3. A lieutenant-governor shall be chosen at the same time, in the same manner, continue in office for the same period, and be possessed of the same qualifications as the governor.
4. A member of the senate or house of representatives, being chosen, and
acting as governor or lieutenant-governor, shall vacate his seat, and another person shall be elected in his stead.
5. In case of the impeachment of the governor, or his removal from office, death, resignation, or absence from the state, the lieutenant-governor shall succeed to his office. And in case of the impeachment of the lieutenant-governor, or his removal from office, death, resignation, or absence from the state, the president of the senate shall succeed to his office, till a nomination to those offices respectively shall be made by the senate and house of representatives, for the remainder of the time for which the officer so impeached, removed from office, dying, resigning, or being absent, was elected.
6. The governor shall be commander-in-chief of the army and navy of this state, and of the militia, except when they shall be called into the actual service of the United States.
7. He shall have power to grant reprieves and pardons, after conviction, except in cases of impeachment, in such manner, on such terms, and under restrictions, as he shall think proper, and he shall have power to remit fines and forfeitures, unless otherwise directed by law.
8. He shall take care that the laws be faithfully executed in mercy.
9. He shall have power to prohibit the exportation of provision, for any time not exceeding thirty days.
10. He shall, at stated times, receive for his services a compensation, which shall neither be increased or diminished during the period for which he shall have been elected.
11. All officers in the executive department, when required by the governor, shall give him information, in writing, upon any subject relating to the duties of their respective offices. 12. The governor shall
, from time to time, give to the general assembly information of the condition of the state, and recommend to their consideration such measures as he shall judge necessary or expedient.
13. He may, on extraordinary occasions, convene the general assembly, and, in case of disagreement between the two houses with respect to the time of adjournment, adjourn them to such time as he shall think proper, not beyond the fourth Monday in the month of November then ensuing.
ARTICLE 3. 1. The judicial power shall be vested in such superior and inferior courts of law and equity, as the legislature shall, from time to time, direct and establish.
The judges of each shall hold their commissions during good behavionr; and judges of the superior courts shall, at stated times, receive a compensation for their services, which shall neither be increased or diminished during their continuance in office : but they shall receive no fees or perquisites of office, nor hold any other office of profit or trust, under this state, the United States, or any other power.
2. The style of all processes shall be," the state of South Carolina." All prosecutions shall be carried on in the name and by the authority of the state of South Carolina, and conclude "against the peace and dignity of the same."
ARTICLE 4. All persons who shall be chosen or appointed to any office of profit or trust, before entering on the execution thereof, shall take the following oath : “I do swear (or affirm) that I am duly qualified, according to the constitution of this state, to exercise the office to which I have been ap pointed, and will, to the best of my abilities, discharge the duties thereof, and preserve, protect, and defend the constitution of this state, and of the United States."
ARTICLE 5. $ 1. That the house of representatives shall have the sole power of impeaching; but no impeachment shall be made, unless with the concurrence of two-thirds of the house of representatives.
2. All impeachments shall be tried by the senate. When sitting for that purpose, the senators shall be on oath or affirmation : and no person shall be convicted without the concurrence of two-thirds of the members present.
3. The governor, lieutenant-governor, and all the civil officers, shall be liable to impeachment for any misdemeanour in office ; but judgment in such cases shall not extend further than to a removal from office, and disqualification to hold any office of honour, trust, or profit, under this state. The party convicted shall, nevertheless, be liable to indictment, trial, judgment, and punishment, according to law.
ARTICLE 6. $ 1. The judges of the superior courts, the commissioners of the treasury, secretary of the state, and surveyor-general, shall be elected by the joint ballot of both houses, in the house of representatives. The commissioners of the treasury, secretary of this state, and surveyor-general, shall hold their offices for four years : but shall not be eligible again for four years after the expiration of the time for which they shall have been elected.
2. All other officers shall be appointed as they hitherto have been, until otherwise directed by law; but sheriffs shall hold their offices for four years, and not be again eligible for four years after the term for which they shall have been elected.
3. All commissions shall be in the name and by the authority of the state of South Carolina, and be sealed with the seal of the state, and be signed by the governor.
All laws in force in this state at the passing of this constitution, shall so continue until altered or repealed by the legislature ; except where they are temporary, in which case they shall expire at the times respectively limited for their duration, if not continued by act of the legislature.
ARTICLE 8. § 1. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall, for ever hereafter, be allowed within this state to all mankind : Provided, that the liberty of conscience thereby declared, shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state.
2. The rights, privileges, immunities, and estates of both civil and religious societies and of corporated bodies, shall remain as if the constitution of this state had not been altered or amended.
ARTICLE 9. $ 1. All power is originally vested in the people; and all free governments are founded on their authority, and are instituted for their peace, safety, and happiness.
2. No freeman of this state shall be taken, or imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the judgment of his peers, or by the law of the land : nor shall any bill of attainder, ex post facto law, or law impairing the obligation of contracts, ever be passed by the legislature of this state.
3. The military shall be subordinate to the civil power.
4. Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted.
5. The legislature shall not grant any title of nobility or hereditary distinction, nor create any office, the appointment to which shall be for any longer time than during good behaviour.
6. The trial by jury, as heretofore used in this state, and the liberty of the press, shall be for ever inviolably preserved.
$1. The business of the treasury shall be in future conducted by two treasurers, one of whom shall hold his office and reside in Columbia ; and the other shall hold his office and reside in Charleston.
2. The secretary of state and surveyor-general shall hold their offices both in Columbia and in Charleston. They shall reside at one place, and their deputies at the other.
3. At the conclusion of the circuits, the judges shall meet and sit at Columbia, for the purpose of hearing and determining all motions which may be made for new trials, and in arrest of judgments, and such points of law as may be submitted to them. From Columbia they shall proceed to Charleston, and there hear and determine all such motions for new trials, and in arrest of judgment, and such points of law as may be submitted to them.
4. The governor shall always preside, during the sitting of the legis. lature, at the place where their sessions may be held, and at all other times, wherever, in his opinion, the public good may require.
5. The legislature shall, as soon as may be convenient, pass laws for the abolition of the rights of primogenitures, and for giving an equitable distribution üf the real estate of intestates.
No convention of the people shall be called, unless by the concurrence of two-thirds of both branches of the whole representation.
No part of this constitution shall be altered, unless a bill to alter the same shall have been read three times in the house of representatives, and three times in the senate, and agreed to by two-thirds of both branches of the whole representation ; neither shall any alteration take place until the bill so agreed to be published three months previous to a new election for members to the house of representatives, and if the alteration proposed by the legislature shall be agreed to in their first session by two-thirds of the whole representation in both branches of the legislature, after the same shall have been read three times, on three several days in each house, then, and not otherwise, the same shall become a part of the constitution. Done in convention, at Columbia, in the state of South Carolina,
the third day of June, in the year of our Lord 1790, and in the
CHARLES PINCKNEY, President.
A Bill to alter the fourth section of the first article of the Constitu
tion of the state of South Carolina. Be it enacted by the honourable the senate and house of representatives, now met and sitting in general assembly, and by the authority of the same, That the fourth section of the first article of the constitution of this state be altered and amended, to read as follows : Every free white man of the age of twenty-one years, paupers and non-commissioned officers and private soldiers of the army of the United States excepted, being a citizen of this state, and having resided therein two years previous to the day of election, and who hath a freehold of fifty acres of land, or a town lot, of which he hath been legally seized and possessed at least six months before such election, or not having such freehold or town lot, hath been a resident in the election district in which he offers to give his vote six months before the said election, shall have a right to vote for a member or members to serve in either branch of the legislature, for the election district in which he holds such property, or 18 so resident.
AMENDMENTS RATIFIED DECEMBER 17, 1808. The following sections, in amendment of the third, seventh, and ninth sections of the first article of the constitution of this state, shall be, and they are hereby declared to be, valid parts of the said constitution; and the said third, seventh, and ninth sections, or such parts thereof as are repugnant to such amendments, are hereby repealed and made void.
The house of representatives shall consist of one hundred and twentyfour members, to be apportioned among the several election districts of the state, according to the number of white inhabitants contained, and