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No person who shall hold any office or place of trust or profit under the United States, or any department thereof, or under this state, or any other state or government, shall hold or exercise any other office or place of trust or profit under the authority of this state, or be eligible to a seat in either house of the general assembly: Provided, that nothing herein contained shall extend to officers in the militia or justices of the peace
CONSTITUTION OF SOUTH CAROLINA.
WE, the delegates of the people of the state of South Carolina, general convertion met, do ordain and establish this constitution for its government.
§ 1. The legislative authority of this state shall be vested in a general assembly, which shall consist of a senate and house of representatives. 2. The house of representatives shall be composed of members chosen by ballot, every second year, by the citizens of this state, qualified as in this constitution is provided.
3. The several election districts in this state shall elect the following number of representatives, viz:
Charleston, including St. Philip and St. Michael,. fifteen members.
All Saints, (including its ancient boundaries,) one
Winton, (including the district between Savan-2
4. Every free white man, of the age of twenty-one years, being a citi zen 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, and hath paid a tax the preceding year of three shillings sterling towards the support of this government, 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 is so resident.
5. The returning officer, or any other person present, entitled to vote, may require any person who shall offer his vote at an election, to produce a certificate of his citizenship, and a receipt from the tax collector of his having paid a tax, entitling him to vote, or to swear, or affirm, that he is duly qualified to vote agreeably to this constitution.
6. No person shall be eligible to a seat in the house of representatives, unless he is a free white man, of the age of twenty-one years, and hath been a citizen and resident in this state three years previous to his election. If a resident in the election district, he shall not be eligible to a seat in the house of representatives, unless he be legally seized and possessed, in his own right, of a settled freehold estate of five hundred acres of land, and ten negroes; or of a real estate, of the value of one hundred and fifty pounds sterling, clear of debt. If a non-resident, he shall be legally seized and possessed of a settled freehold estate therein, of the value of five hundred pounds sterling, clear of debt.
7. The senate shall be composed of members to be chosen for four years, in the following proportions, by the citizens of this state, qualified to elect members to the house of representatives, at the same time, in the same manner, and at the same places, where they shall vote for representatives, viz.
Charleston, (including St. Philip and St. Michael,) two members.
St. John, Berkley,.
Winyaw and Williamsburgh,.
Liberty and Kingston,...
Marlborough, Chesterfield, and Darlington,.
Fairfield, Richland, and Chester,.
Lancaster and Kershaw,
Claremount and Clarendon,.
Newbury, (including the fork between Broad and
St. Matthew and Orange,.
Winton, (including the district between Savannah
8. No person shall be eligible to a seat in the senate, unless he is a free white man, of the age of thirty years, and hath been a citizen and -resident in this state five years previous to his election. If a resident in the election district, he shall not be eligible unless he be legally seized and possessed, in his own right, of a settled freehold estate of the value of three hundred pounds sterling, clear of debt. If a non-resident in the election district, he shall not be eligible unless he be legally seized and possessed, in his own right, of a settled freehold estate, in the said district, of the value of one thousand pounds sterling, clear of debt.
9. Immediately after the senators shall be assembled, in consequence of the first election, they shall be divided by lot into two classes. seats of the senators of the first class shall be vacated at the expiration of the second year, and of the second class, at the end of the fourth year; so that one half thereof, as near as possible, may be chosen, for ever thereafter, every second year, for the term of four years.
10. Senators and members of the house of representatives, shall be chosen on the second Monday in October next, and the day following: and on the same days in every second year thereafter, in such manner, and at such times, as are herein directed; and shall meet on the fourth
Monday in November annually, at Columbia, (which shall remain the seat of government until otherwise determined, by the concurrence of two-thirds of both branches of the whole representation,) unless the casualties of war, or contagious disorders should render it unsafe to meet there; in either of which cases, the governor or commander-in-chief for the time being may, by proclamation, appoint a more secure and convenient place of meeting.
11. Each house shall judge of the elections, returns, and qualifications of its own members; and a majority of each house shall constitute a quorum to do business: but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner and under such penalties as may be provided by law.
12. Each house shall choose by ballot its own officers, determine its rules of proceeding, punish its members for disorderly behaviour, and, with the concurrence of two-thirds, expel a member, but not a second time for the same cause.
13. Each house may punish, by imprisonment, during sitting, any person, not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous behaviour in its presence-or who, during the time of its sitting, shall threaten harm to body or estate of any member, for any thing said or done in either house; or who shall assault any of them therefor; or who shall assault or arrest any witness or other person ordered to attend the house, in his going to or returning therefrom; or who shall rescue any person arrested by order of the house.
14. The members of both houses shall be protected in their persons and estates, during their attendance on, going to, and returning from the legislature, and ten days previous to their sitting, and ten days after the adjournment of the legislature. 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.
15. Bills for raising a revenue shall originate in the house of representatives, but may be altered, amended, or rejected by the senate.
All other bills may originate in either house, and may be amended, altered, or rejected by the other.
16. No bill or ordinance shall have the force of law, until it shall have been read three times, and on three several days, in each house, has had the great seal affixed to it, and has been signed, in the senate-house, by the president of the senate and speaker of the house of representatives. 17. No money shall be drawn out of the public treasury, but by the legislative authority of the state.
18. The members of the legislature, who shall assemble under this constitution, shall be entitled to receive out of the public treasury, as a compensation for their expenses, a sum not exceeding seven shillings sterling a day, during their attendance on, going to, and returning from the legislature: but the same may be increased or diminished by law, if circumstances shall require; but no alterations shall be made by any >legislature, to take effect during the existence of the legislature which shall make such alteration.
19. Neither house shall, during their session, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.
20. No bill or ordinance, which shall have been rejected by either