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JW 6/02/04




*** CSTART SC 04/08/1861 9/27/1865 ***



Ordinances and Constitution of the State of South Carolina, with the Constitution of the
Provisional Government and of the Confederate States of America:

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ORDINANCES.


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AN ORDINANCE TO DISSOLVE THE UNION BETWEEN THE STATE OF SOUTH
CAROLINA AND OTHER STATES UNITED WITH HER UNDER THE COMPACT
ENTITLED "THE CONSTITUTION OF THE UNITED STATES OF AMERICA."

We, the People of the State of South Carolina, in Convention assembled, do declare and ordain,
and it is hereby declared and ordained,

That the Ordinance adopted by us in Convention, on the twenty-third day of May, in the year of
our Lord one thousand seven hundred and eighty-eight, whereby the Constitution of the United
States of America was ratified, and also all Acts and parts of Acts of the General Assembly of
this State, ratifying amendments of the said Constitution, are hereby repealed; and that the Union
now subsisting between South Carolina and other States, under the name of "The United States
of America," is hereby dissolved.

D. F. JAMISON, Del. from Barnwell, and Pres't Convention.
THOS. CHILES PERRIN,
EDW. NOBLE,
J. H. WILSON,
THOS. THOMSON, 
DAVID LEWIS WARDLAW,
JNO. ALFRED CALHOUN,
JOHN IZARD MIDDLETON,
BENJAMIN E. SESSIONS,
J. N. WHITNER,
JAMES L. ORR,
J. P. REED,
R. F. SIMPSON,
BENJAMIN FRANKLIN MAULDIN
LEWIS MALONE AYER, Jr.,
W. PERONNEAU FINLEY,
J. J. BRABHAM,
BENJ. W. LAWTON,
JNO. MCKEE,
THOMAS W. MOORE,
RICHARD WOODS,
A. Q. DUNOVANT,
JOHN A. INGLIS,
HENRY MCIVER,
STEPHEN JACKSON,
W. PINCKNEY SHINGLER,
PETER P. BONNEAU,
JOHN P. RICHARDSON,
JOHN L. MANNING,
JOHN J. INGRAM,
EDGAR W. CHARLES,
JULIUS A. DARGAN,
ISAAC D. WILSON,
JOHN M. TIMMONS,
FRANCIS HUGH WARDLAW,
R. G. M. DUNOVANT,
JAMES PARSONS CARROLL,
WM. GREGG,
ANDREW J. HAMMOND,
JAMES TOMPKINS,
JAMES C. SMYLY,
JOHN HUGH MEANS,
WILLIAM STROTHER LYLES,
HENRY CAMPBELL DAVIS,
JNO. BUCHANAN,
JAMES C. FURMAN,
P. E. DUNCAN,
W. K. EASLEY,
JAMES HARRISON,
W. H. CAMPBELL,
T. J. WITHERS,
JAMES CHESNUT, Jr.,
JOSEPH BREVARD KERSHAW,
THOS. W. BEATY,
WM. J. ELLIS,
R. L. CRAWFORD,
W. C. CAUTHEN,
D. P. ROBINSON,
H. C. YOUNG,
H. W. GARLINGTON,
JOHN D. WILLIAMS,
W. D. WATTS,
THOS. WIER,
H. I. CAUGHMAN,
JOHN C. GEIGER,
PAUL QUATTLEBAUM,
W. B. ROWELL,
CHESLEY D. EVANS,
WM. W. HARLLEE,
A. W. BETHEA,
E. W. GOODWIN,
WILLIAM D. JOHNSON,
ALEX. MCLEOD,
JOHN P. KINARD,
ROBERT MOORMAN,
JOSEPH CALDWELL,
SIMEON FAIR,
THOMAS WORTH GLOVER,
LAWRENCE M. KEITT,
DONALD ROWE BARTON,
WM. HUNTER, 
ANDREW F. LEWIS,
ROBT. A. THOMPSON,
WILLIAM S. GRISHAM,
JOHN MAXWELL,
JNO. E. FRAMPTON,
W. FERGUSON HUTSON,
W. F. DESAUSSURE,
WILLIAM HOPKINS,
JAMES H. ADAMS,
MAXCY GREGG,
JOHN H. KINSLER,
EPHRAIM M. CLARKE,
ALEX. H. BROWN,
E. S. P. BELLINGER,
MERRICK E. CARN,
E. R. HENDERSON,
PETER STOKES,
DANIEL FLUD,
DAVID C. APPLEBY,
R. W. BARNWELL,
JOS. DAN'L POPE,
C. P. BROWN,
JOHN M. SHINGLER,
DANIEL DU PRE,
A. MAZYCK,
WILLIAM CAIN,
P. G. SNOWDEN,
GEO. W. SEABROOK,
JOHN JENKINS,
R. J. DAVANT,
E. M. SEABROOK,
JOHN J. WANNAMAKER,
ELIAS B. SCOTT,
JOSEPH E. JENKINS,
LANGDON CHEVES,
GEORGE RHODES,
A. G. MAGRATH,
WM. PORCHER MILES,
JOHN TOWNSEND,
ROBERT N. GOURDIN,
H. W. CONNER,
THEODORE D. WAGNER,
R. BARNWELL RHETT,
C. G. MEMMINGER,
GABRIEL MANIGAULT,
JOHN JULIUS PRINGLE SMITH,
ISAAC W. HAYNE,
JNO. H. HONOUR,
RICH'D DETREVILLE,
THOS. M. HANCKEL,
A. W. BURNET,
THOS. Y. SIMONS,
L. W. SPRATT,
WILLIAMS MIDDLETON,
F. D. RICHARDSON,
B. H. RUTLEDGE,
EDWARD MCCRADY,
FRANCIS J. PORCHER,
T. L. GOURDIN,
JOHN S. PALMER,
JOHN L. NOWELL,
JOHN S. O'HEAR,
JOHN G. LANDRUM,
B. B. FOSTER,
BENJAMIN F. KILGORE,
JAS. H. CARLISLE,
SIMPSON BOBO,
WM. CURTIS,
H. D. GREEN,
MATTHEW P. MAYES,
THOMAS REESE ENGLISH, Sr.
ALBERTUS CHAMBERS SPAIN,
J. M. GADBERRY,
J. S. SIMS,
WM. H. GIST,
JAMES JEFFERIES, 
ANTHONY W. DOZIER,
JOHN G. PRESSLEY,
R. C. LOGAN,
FRANCIS S. PARKER,
BENJ. FANEUIL DUNKIN,
SAMUEL TAYLOR ATKINSON,
ALEX. M. FORSTER,
WM. BLACKBURN WILSON,
ROBERT T. ALLISON,
SAMUEL RAINEY,
A. BAXTER SPRINGS,
A. I. BARRON,
A. T. DARBY.
Attest: B. F. ARTHUR, Clerk.

THE STATE OF SOUTH CAROLINA.
At a Convention of the People of the State of South Carolina, begun and holden at Columbia, on
the seventeenth day of December, in the year of our Lord one thousand eight hundred and sixty,
and thence continued by adjournment to Charleston, and there, by divers adjournments, to the
twenty-second day of December, in the same year.

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AN ORDINANCE
To alter the Constitution of the State of South Carolina, in respect to the Oath of Office.

        We, the People of the State of South Carolina, in Convention assembled, do declare and
ordain, and it is hereby declared and ordained,

        That the Fourth Article of the Constitution of the State of South Carolina, heretofore
amended, be now altered so as to read as follows, to wit:

        "All persons who shall be elected or appointed to any office of profit or trust, before
entering on the execution thereof, shall take (besides special oaths not repugnant to this
Constitution, prescribed by the General Assembly) the following oath: I do solemnly swear (or
affirm) that I will be faithful, and true allegiance bear, to the State of South Carolina, so long as I
may continue a citizen thereof, and that I am duly qualified, according to the Constitution of this
State, to exercise the office to which I have been appointed, and that I will, to the best of my
ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this
State. So help me God."

        Done at Charleston, the twenty-second day of December, in the year of our Lord one
thousand eight hundred and sixty. 

D. F. JAMISON, President.
Attest: B. F. ARTHUR, Clerk.

THE STATE OF SOUTH CAROLINA.
At a Convention of the People of the State of South Carolina, begun and holden at Columbia, on
the seventeenth day of December, in the year of our Lord one thousand eight hundred and sixty,
and thence continued by adjournment to Charleston, and there, by divers adjournments, to the
twenty-second day of December, in the same year.

*** SEND ***
*** SSTART 003.0 9023.0 0 SC 1861 ***

AN ORDINANCE 
To make Provisional Postal Arrangements in South Carolina.

        Whereas, The State of South Carolina owes it to her own citizens, and to those of the other
States, that, as one of the contracting parties, she should not prevent or interrupt the performance
of the pending contract for carrying and delivering of the Mails made by the United States while
South Carolina was one of said States: Be it ordained by the People of South Carolina, in
Convention assembled, That the existing postal contracts and arrangements shall be continued,
and the persons charged with the duties thereof shall continue to discharge said duties until a
Postal Treaty or Treaties shall be concluded, or until otherwise ordered by this Convention.

        Done at Charleston, the twenty-second day of December, in the year of our Lord one
thousand eight hundred and sixty. 

D. F. JAMISON, President.
Attest: B. F. ARTHUR, Clerk.

THE STATE OF SOUTH CAROLINA.
At a Convention of the People of the State of South Carolina, begun and holden at Columbia, on
the seventeenth day of December, in the year of our Lord one thousand eight hundred and sixty,
and thence continued by adjournment to Charleston, and there, by divers adjournments, to the
twenty-sixth day of December, in the same year.

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*** SSTART 004.0 9023.0 0 SC 1861 ***

AN ORDINANCE
To make Provisional Arrangements for the Continuance of Commercial Facilities in South
Carolina.

        Whereas, It is due to our late confederates in the political Union, known as the United States
of America, as also to the citizens of South Carolina engaged in commerce, that no abrupt or
sudden change be made in the rate of duties upon imports into this State; and, whereas, it is not
desired by this State to secure any advantage in trade to her own ports above those of any of the
slaveholding States, her late confederates in the said Union; and, whereas, this Ordinance, for the
considerations indicated, is designed to be provisional merely; therefore,

        We, the People of the State of South Carolina, in Convention assembled, do declare and
ordain, and it is hereby declared and ordained,

        First: That all citizens of this State, who, at the date of the Ordinance of Secession, were
holding office connected with the Customs, under the Government of the United States, within
the limits of South Carolina, be, and they are hereby appointed to hold, under the Government of
this State, exclusive of any further connection whatever with the Federal Government of the
United States, the same offices they now fill, until otherwise directed, and to receive the same
pay and emoluments for their services.

        Second: That until this Convention, or the General Assembly, shall otherwise provide, the
Governor shall appoint to all vacancies which may occur in such offices.

        Third: That, until otherwise provided by this Convention, or the General Assembly, the
revenue, collection and navigation laws of the United States, so far as they may be applicable, be,
and they are hereby adopted, and made the laws of this State, saving that no duties shall be
collected upon imports from the States forming the late Federal Union, known as the United
States of America, nor upon the tonnage of vessels owned in whole or in part by the citizens of
the said States, and saving and excepting the Act of Congress, adopted the 3d day of March,
1817, entitled "An Act authorizing the deposit of papers of foreign vessels with the Consuls of
their respective nations," which said Act is hereby declared to be of no force within the limits of
this State.

        Fourth: That all vessels built in South Carolina, or elsewhere, and owned to the amount of
one-third by a citizen or citizens of South Carolina, or any of the slaveholding commonwealths
of North America, and commanded by a citizen thereof, and no other, shall be registered as
vessels of South Carolina, under the authority of the Collector and Naval Officer.

        Fifth: That all the official acts of the officers aforesaid, in which it is usual and proper to set
forth the authority under which they act, or the style of documents issued by them, or any of
them, shall be in the name of the State of South Carolina.

        Sixth: That all moneys hereafter collected by any of the officers aforesaid shall, after
deducting the sums necessary for the compensation of officers and other expenses, be paid into
the Treasury of the State of South Carolina, for the use of the said State, subject to the order of
this Convention, or the General Assembly.

        Seventh: That the officers aforesaid shall retain in their hands all property of the United
States in their possession, custody, or control, subject to the disposal of this State, who will
account for the same upon a final settlement with the Government of the United States.

        Done at Charleston, the twenty-sixth day of December, in the year of our Lord one thousand
eight hundred and sixty. 

D. F. JAMISON, President.
Attest: B. F. ARTHUR, Clerk.

THE STATE OF SOUTH CAROLINA.
At a Convention of the People of the State of South Carolina, begun and holden at Columbia, on
the seventeenth day of December, in the year of our Lord one thousand eight hundred and sixty,
and thence continued by adjournment to Charleston, and there, by divers adjournments, to the
twenty-seventh day of December, in the same year.

*** SEND ***
*** SSTART 005.0 9023.0 0 SC 1861 ***

AN ORDINANCE
To amend the Constitution of the State of South Carolina in respect to the Executive Department.

        We, the People of the State of South Carolina, in Convention assembled, do declare and
ordain, and it is hereby declared and ordained,

        That the Governor shall have power to receive ambassadors, ministers, consuls, and agents
from foreign powers; to appoint such agents, to be paid out of the contingent fund, as in his
discretion he may choose to employ; to conduct negotiations with foreign powers; to make
treaties by and with the advice and consent of the Senate, provided two-thirds of the Senators
present agree; to nominate, and by and with the advice and consent of the Senate, to appoint such
ambassadors, other public ministers and consuls, as the General Assembly shall have previously
directed to be appointed, and also all other officers, whose appointment otherwise shall not have
been provided for by law; to fill all vacancies that may happen during the recess of the Senate, in
the offices to which he had the power to nominate as above mentioned, by granting commissions
which shall expire at the end of the next session of the Senate, and to convene the Senate
whenever, in his opinion, it may be necessary: Provided, nevertheless, That, during the existence
of a Convention, all treaties and directions for appointment of ambassadors, ministers, or
consuls, shall be subject to the advice and consent of the Convention, or to its separate action.

        And it is further ordained, That the Governor shall immediately appoint four persons, with
the advice and consent of this Convention, who, together with the Lieutenant-Governor, shall
form a Council, to be called the Executive Council, whose duty it shall be, when required by the
Governor, to advise with him upon all matters which may be submitted to their consideration;
and that a record of such consultations shall be kept: Provided, nevertheless, That the Governor
shall, in all cases, decide upon his own action.

        Done at Charleston, the twenty-seventh day of December, in the year of our Lord one
thousand eight hundred and sixty. 

D. F. JAMISON, President.
Attest: B. F. ARTHUR, Clerk.

THE STATE OF SOUTH CAROLINA.
At a Convention of the People of the State of South Carolina, begun and holden at Columbia, on
the seventeenth day of December, in the year of our Lord one thousand eight hundred and sixty,
and thence continued by adjournment to Charleston, and there, by divers adjournments, to the
twenty-seventh day of December in the same year.

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*** SSTART 006.0 9023.0 0 SC 1861 ***

AN ORDINANCE
To alter the Constitution of the State of South Carolina, by striking out certain words in sundry
places.

        We, the people of the State of South Carolina, in Convention assembled, do declare and
ordain, and it is hereby declared and ordained,

        That the Constitution of the State of South Carolina be altered by striking therefrom certain
words in sundry places, as follows, to wit: In the Twenty-first Section of the First Article, strike
out in two places where they occur in this Section, the following words--"the United States or
either of them." In the Third Clause of the Second Section of the Second Article, strike out the
following words--"or under any State or the United States." In the Sixth Section of the Second
Article, strike out the following words--"except when they shall be called into the actual service
of the United States." In the Second Clause of the First Section of the Third Article, strike out the
following words--"the United States." In the amendment of the amendment of the Fourth Section
of the First Article, (which amendment of the amendment was ratified December twentieth, one
thousand eight hundred and fifty-six,) strike out the following words--"and non-commissioned
officers and private soldiers of the Army of the United States." In the Fifth Section of Second
Article, strike out in the places where they occur in this Section, the word "absence," and in lieu
thereof, insert "removal;" also strike out "being absent," and insert in lieu thereof, "removal from
the State."

        Done at Charleston, the twenty-seventh day of December, in the year of our Lord one
thousand eight hundred and sixty. 

D. F. JAMISON, President.

Attest: B. F. ARTHUR, Clerk.

THE STATE OF SOUTH CAROLINA.
At a Convention of the People of the State of South Carolina, begun and holden at Columbia, on
the seventeenth day of December, in the year of our Lord one thousand eight hundred and sixty,
and thence continued by adjournment to Charleston, and there, by divers adjournments, to the
thirty-first day of December, in the same year.

*** SEND ***
*** SSTART 007.0 9023.0 0 SC 1861 ***

AN ORDINANCE 
Concerning Powers lately vested in the Congress of the United States.

        We, the People of the State of South Carolina, in Convention assembled, do declare and
ordain, and it is hereby declared and ordained,

        That all powers which, by this State, were heretofore delegated to the Congress of the
United States, shall be vested in the General Assembly, except that during the existence of this
Convention, the powers of the General Assembly shall not extend, without the direction of this
Convention, to any of these subjects, viz : Duties and Imposts, the Post-Office, the Declaration of
War, Treaties, Confederacy with other States, Citizenship and Treason.

        Done at Charleston, the thirty-first day of December, in the year of our Lord one thousand
eight hundred and sixty. 

D. F. JAMISON, President.
Attest: B. F. ARTHUR, Clerk.

THE STATE OF SOUTH CAROLINA. 
At a Convention of the People of the State of South Carolina, begun and holden at Columbia, on
the seventeenth day of December, in the year of our Lord one thousand eight hundred and sixty,
and thence continued by adjournment to Charleston, and there, by divers adjournments, to the
thirty-first day of December, in the same year.

*** SEND ***
*** SSTART 008.0 9023.0 0 SC 1861 ***

AN ORDINANCE
To Define and Punish Treason.

        We, the People of the State of South Carolina, in Convention assembled, do declare and
ordain, and it is hereby declared and ordained,

        That in addition to what has been already declared to be treason by the General Assembly,
treason against this State shall consist only in levying war against the State, or adhering to its
enemies, giving them aid and comfort; and that treason shall be punished by death, without
benefit of clergy.

        Done at Charleston, the thirty-first day of December, in the year of our Lord one thousand
eight hundred and sixty. 

D. F. JAMISON, President.
Attest: B. F. ARTHUR, Clerk.

THE STATE OF SOUTH CAROLINA. 
At a Convention of the People of the State of South Carolina, begun and holden at Columbia, on
the seventeenth day of December, in the year of our Lord one thousand eight hundred and sixty,
and thence continued by adjournment to Charleston, and there, by divers adjournments, to the
thirty-first day of December, in the year of our Lord one thousand eight hundred and sixty.

*** SEND ***
*** SSTART 009.0 9023.0 0 SC 1861 ***

AN ORDINANCE
Concerning Judicial Powers.

        We, the People of the State of South Carolina, in Convention assembled, do declare and
ordain, and it is hereby declared and ordained,

        That the judicial power heretofore delegated by this State, so as to form a part of the judicial
power of the United States, having reverted to this State, shall be exercised by such Courts as the
General Assembly shall direct.

        Done at Charleston, the thirty-first day of December, in the year of our Lord one thousand
eight hundred and sixty. 

D. F. JAMISON, President.
Attest: B. F. ARTHUR, Clerk.

THE STATE OF SOUTH CAROLINA.
At a Convention of the People of the State of South Carolina, begun and holden at Columbia, on
the seventeenth day of December, in the year of our Lord one thousand eight hundred and sixty,
and there, by divers adjournments, to the first day of January in the year of our Lord one
thousand eight hundred and sixty-one.

*** SEND ***
*** SSTART 010.0 9023.0 0 SC 1861 ***

AN ORDINANCE 
Concerning Citizenship.

        We, the People of the State of South Carolina in Convention assembled, do declare and
ordain, and it is hereby declared and ordained,

        1. Every person who, at the date of the Ordinance of Secession, was residing in this State,
and was then by birth, residence, or naturalization, a citizen of this State, shall continue a citizen
of this State, unless a foreign residence shall be established by such person with the intention of
expatriation.

        2. So, also, shall continue every free white person who, after the date aforesaid, may be born
within the territory of this State, or may be born outside of that territory, of a father who then was
a citizen of this State.

        3. So, also, every person, a citizen of any one of the States now confederated under the name
of the United States of America, who, within twelve months after the date of the Ordinance of
Secession, shall come to reside in this State, with the intention of remaining, upon such person's
taking the oath of allegiance to this State, below provided.

        4. So, also, every free white person who shall be engaged in the actual service, military or
naval, of the State, and shall take an oath of his intention to continue in such service for at least
three months, unless sooner discharged honorably, and also the oath of allegiance below
prescribed. In this case, the oaths shall be administered by some commissioned officer of the
service, in which the applicant for citizenship may be engaged, superior in rank to the applicant,
and thereupon certificate of the citizenship of the applicant shall be signed by the officer, and
delivered to the applicant.

        5. So, also, every free white person, not a citizen of any of the States above mentioned, who,
at the date of the Ordinance of Secession, was residing in this State, or who, within one year from
that date, shall come to reside in this State, with the intention of remaining, upon such person's
appearing before the Court of Common Pleas for any of the Districts of this State, establishing,
by his or her own oath, the residence and intention here required, and taking the oath of
allegiance and abjuration below prescribed.

        6. So, also, every person, not a citizen of any of the States above mentioned, at the date
aforesaid, who may come to reside in this State, with the intention of remaining, and may be
naturalized according to the naturalization laws of this State. Until they may be altered or
repealed, the naturalization laws of the United States, accommodated to the special condition of
the State, are hereby made the laws of this State, except that instead of the oaths required by
those laws in the final Act, the oath of allegiance to this State, and of abjuration below provided,
shall be taken.

        7. In all cases, the citizenship of a man shall extend to his wife, present or future, whenever
she shall have a residence in the State, and shall extend also to each of his children that, under
the age of eighteen years, may have a residence in the State. In like manner, the citizenship of a
woman shall extend to each of her children, that, under the age of eighteen years, may have a
residence in the State; Provided, That in no case shall citizenship extend to any person who is not
a free white person.

        8. That the oath of allegiance to this State shall be in the following form, to wit: "I do swear
(or affirm) that I will be faithful, and true allegiance bear, to the State of South Carolina, as long
as I may continue a citizen thereof."

        9. The oath of abjuration shall be in the following form, to wit: "I do swear (or affirm) that I
do renounce, and forever abjure, all allegiance and fidelity to every prince, potentate, state, or
sovereignty whatsoever, except the State of South Carolina."

        Done at Charleston, the first day of January, in the year of our Lord one thousand eight
hundred and sixty-one. 

D. F. JAMISON, President.
Attest: B. F. ARTHURClerk.

THE STATE OF SOUTH CAROLINA. 
At a Convention of the People of the State of South Carolina, begun and holden at Columbia, on
the seventeenth day of December, in the year of our Lord one thousand eight hundred and sixty,
and thence continued by adjournment to Charleston, and there, by divers adjournments, to the
fifth day of January, in the year of our Lord one thousand eight hundred and sixty- one.

*** SEND ***
*** SSTART 011.0 9023.0 0 SC 1861 ***

AN ORDINANCE
To vest in the General Assembly the power to establish Postal Arrangements.

        We, the People of the State of South Carolina, in Convention assembled, do declare and
ordain, and it is hereby declared and ordained,

        That all power necessary to make Postal Arrangements, and enact Postal Laws, is hereby
vested in the General Assembly.

        Done at Charleston, the fifth day of January, in the year of our Lord one thousand eight
hundred and sixty-one. 

D. F. JAMISON, President.
Attest: B. F. ARTHUR, Clerk.

THE STATE OF SOUTH CAROLINA. 
At a Convention of the People of the State of South Carolina, reassembled by appointment of the
President thereof, at Charleston, on the twenty-sixth day of March, in the year of our Lord one
thousand eight hundred and sixty-one, and thence continued by divers adjournments, to the
fourth day of April, in the same year.

*** SEND ***
*** SSTART 012.0 9023.0 0 SC 1861 ***

AN ORDINANCE
To alter the tenth Section of the first Article of the Constitution of the State of South Carolina,
and the amendment thereof, ratified the twenty-eighth day of January, one thousand eight
hundred and sixty-one; also, to alter the tenth Section of the Amendments, ratified on the
seventeenth day of December, eighteen hundred and eight; and likewise, the second Clause of the
eleventh Article of the Constitution aforesaid.

        We, the People of the State of South Carolina, in Convention assembled, do declare and
ordain, and it is hereby declared and ordained, as follows:

        The tenth Section of the first Article of the Constitution of the State of South Carolina, and
the Amendments thereof, ratified in the Senate house, on the twenty-eighth day of January, in the
year of our Lord one thousand eight hundred and sixty- one, shall be altered to read as follows:
"Senators and Members of the House of Representatives shall be chosen at a General Election,
on the Tuesday after the second Monday in October, in the year of our Lord one thousand eight
hundred and sixty- two; and on the same day in every second year thereafter, in such manner and
for such terms of office as are herein directed. They 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 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. From the next General Election shall,
however, be excepted those Senators, whose term of office will not expire in the year one
thousand eight hundred and sixty-two. The terms of office of the Senators and Members of the
House of Representatives, shall begin on the Monday following a General Election." The tenth
Section of the Amendments to the Constitution aforesaid, ratified December seventeenth, one
thousand eight hundred and eight, shall be altered to read as follows: "The Senators having
heretofore been divided by lot into two classes, the seats of the Senators of the first class shall be
vacated at the expiration of the second year after the Monday following a General Election; and
of the second class, at the expiration of the fourth year; and the number of those classes shall be
so proportioned, that one-half of the whole number of Senators may, as nearly as possible,
continue to be chosen thereafter every second year." The second Clause of the eleventh Article of
the Constitution aforesaid, shall be altered to read as follows: "No part of this Constitution shall
be altered unless a bill to alter the same shall have been read on three several days in the House
of Representatives, and on three several days in the Senate, and agreed to at the second and third
readings by two-thirds of the whole Representation in each branch of the Legislature. Neither
shall any alteration take place until the bill so agreed to be published three months previous to a
new election for Members of 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
each branch of the Legislature, after the same shall have been read on three several days, in each
House, then, and not otherwise, the same shall become a part of the Constitution."

        Done at Charleston, the fourth day of April, in the year of our Lord one thousand eight
hundred and sixty-one. 

D. F. JAMISON,
President of the Convention.

Attest: B. F. ARTHUR,
Clerk of the Convention.

THE STATE OF SOUTH CAROLINA.
At a Convention of the People of the State of South Carolina, reassembled by appointment of the
President thereof, at Charleston, on the twenty-sixth day of March, in the year of our Lord one
thousand eight hundred and sixty-one, and thence continued by divers adjournments to the fourth
day of April, in the same year.

*** SEND ***
*** SSTART 013.0 9023.0 0 SC 1861 ***

AN ORDINANCE
To amend an Ordinance concerning Citizenship.

        We, the People of the State of South Carolina, in Convention assembled, do declare and
ordain, and it is hereby declared and ordained,

        That the first Section of an Ordinance, entitled, "An Ordinance concerning Citizenship,"
ratified the first day of January, in the year of our Lord one thousand eight hundred and sixty-one,
be, and the same is hereby altered and amended, so as to read as follows: "Every person who, at
the date of the Ordinance of Secession, was by birth, residence, or naturalization, a citizen of this
State, shall continue a citizen thereof, unless a foreign residence shall be established by such
person, with the intention of expatriation."

        Done at Charleston, the fourth day of April, in the year of our Lord one thousand eight
hundred and sixty-one. 

D. F. JAMISON,
President of the Convention.

Attest: B. F. ARTHUR,
Clerk of the Convention.

THE STATE OF SOUTH CAROLINA.
At a Convention of the People of the State of South Carolina, reassembled by appointment of the
President thereof, at Charleston, on the twenty-sixth day of March, in the year of our Lord one
thousand eight hundred and sixty-one, and thence continued by divers adjournments, to the
fourth day of April, in the same year.

*** SEND ***
*** SSTART 014.0 9023.0 0 SC 1861 ***

AN ORDINANCE
To repeal sundry Ordinances, and to alter the fourth Article and sundry Sections of the
Constitution.

        We, the People of the State of South Carolina, in Convention assembled, do declare and
ordain, and it is hereby declared and ordained, as follows:

        The Ordinance ratified by us in Convention, on the twenty-second day of December, one
thousand eight hundred and sixty, entitled "An Ordinance to make provisional Postal
Arrangements in South Carolina;" also, the Ordinance ratified on the twenty-sixth day of
December, one thousand eight hundred and sixty, entitled "An Ordinance to make provisional
arrangements for the continuance of Commercial Facilities in South Carolina;" also, the
Ordinance ratified on the twenty-seventh day of December, one thousand eight hundred and
sixty, entitled "An Ordinance to alter the Constitution of the State of South Carolina, by striking
out certain words in sundry places;" also, the Ordinance ratified on the fifth day of January, one
thousand eight hundred and sixty-one, entitled "An Ordinance to vest in the General Assembly
the power of establishing Postal Arrangements," shall be, and the same are hereby repealed. The
Ordinance, ratified on the thirty-first day of December, one thousand eight hundred and sixty,
entitled "An Ordinance concerning powers lately vested in the Congress of the United States;"
also, the Ordinance, ratified on the thirty-first day of December, one thousand eight hundred and
sixty, entitled "An Ordinance concerning Judicial Powers," shall be, and the same are hereby
repealed, so far as they are inconsistent with the Constitution of the Confederate States of
America. The various amendments heretofore made to the fourth Article of the Constitution of
the State of South Carolina, shall be, and the same are hereby repealed. And the fourth Article,
and sundry Sections of the Constitution of the State of South Carolina, be altered and amended,
so as to read as follows, to wit:

        ARTICLE I, Section 4. Every free white man of the age of twenty-one years, paupers, and
non-commissioned officers and private soldiers of the army of the Confederate States of America
excepted, who hath been a citizen and resident of this State 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 is so resident. Section 21. No person shall be eligible to a seat in the Legislature, whilst be
holds any office of profit or trust under this State, the Confederate States of America, 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 Confederate States of America, 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.




        ARTICLE II, Section 2, Clause 3. No person shall hold the office of Governor, and any
other office or commission, civil or military, (except in the militia,) either in this State, or under
the Confederate States of America, or either of them, or under any other power at one and the
same time. Section 5. In case of the impeachment of the Governor, or his removal from office,
death, resignation, or removal 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 removal 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 removed from the State, was elected. Section 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 Confederate States of America.

        ARTICLE III, Section 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 behavior; and Judges of the Superior
Courts shall, at stated times, receive a compensation for their services, which shall neither be
increased nor 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 Confederate
States of America, or any other power.

        ARTICLE IV. All persons who shall be elected, or appointed to any office of profit or trust,
before entering on the execution thereof, shall take (besides special oaths not repugnant to this
Constitution, prescribed by the General Assembly) the following oath: "I do solemnly swear (or
affirm) that I will be faithful, and true allegiance bear to the State of South Carolina, so long as I
may continue a  citizen thereof, and that I am duly qualified, according to the Constitution of this
State, to exercise the office to which I have been appointed; and that I will, to the best of my
ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this
State, and that of the Confederate States of America. So help me God."

        Done at Charleston, the fourth day of April, in the year of our Lord one thousand eight
hundred and sixty-one. 

D. F. JAMISON,
President of the Convention.

Attest: B. F. ARTHUR,
Clerk of the Convention.

THE STATE OF SOUTH CAROLINA.
At a Convention of the People of the State of South Carolina, reassembled by appointment of the
President thereof, at Charleston, on the twenty-sixth day of March, in the year of our Lord one
thousand eight hundred and sixty-one, and thence continued by divers adjournments to the eighth
day of April in the same year.

*** SEND ***
*** SSTART 015.0 9023.0 0 SC 1861 ***

AN ORDINANCE
To transfer to the Government of the Confederate States of America the use and occupancy of the
forts, arsenals, navy yards, custom houses, and other public sites, within the limits of this State.

        We, the People of South Carolina, in Convention assembled, do ordain and declare, and it is
hereby ordained and declared, by the authority of the same,

        That the Government of the Confederate States of America is hereby authorized to occupy,
use and hold possession of all forts, navy yards, arsenals, custom houses, and other public sites,
within the limits of this State, and their appurtenances, lately in the possession of the United
States of America, together with Fort Sumter, and to repair, rebuild and control the same at its
discretion, until this Ordinance be repealed by a Convention of the People of this State.

        Done at Charleston, the eighth day of April, in the year of our Lord one thousand eight
hundred and sixty-one. 

D. F. JAMISON,
President of the Convention.

Attest: B. F. ARTHUR,
Clerk of the Convention.

THE STATE OF SOUTH CAROLINA.
At a Convention of the People of the State of South Carolina, reassembled by appointment of the
President thereof, at Charleston, on the twenty-sixth day of March, in the year of our Lord one
thousand eight hundred and sixty-one, and thence continued, by divers adjournments, to the
eighth day of April, in the same year.

*** SEND ***
*** SSTART 016.0 9023.0 0 SC 1861 ***

AN ORDINANCE 
To repeal in part, and alter in part, the Ordinance entitled, "An Ordinance to amend the
Constitution of the State of South Carolina, in respect to the Executive-Department."

        We, the People of the State of South Carolina, in Convention assembled, do declare and
ordain, and it is hereby declared and ordained, as follows,

        The first Section of the Ordinance, ratified on the twenty-seventh day of December, one
thousand eight hundred and sixty, entitled "An Ordinance to amend the Constitution of the State
of South Carolina, in respect to the Executive Department," is hereby repealed. The second
Section of the said Ordinance is hereby altered, so that the faithful servants of the State, who
have heretofore constituted the Executive Council, shall be relieved from the duties which have
been assigned to them under that section, so soon as, in the opinion of the Governor, the pressing
exigencies of public affairs will permit, except two, to wit: the Lieutenant Governor, and a
member of the Council, who may be charged with the Treasury Department, and these two, at the
discretion of the Governor, may be retained, but not beyond the adjournment of the Legislature,
after its next sitting, unless the Legislature should otherwise direct.

        Done at Charleston, the eighth day of April, in the year of our Lord one thousand eight
hundred and sixty-one.

D. F. JAMISON,
President of the Convention.

Attest: B. F. ARTHUR,
Clerk of the Convention.

*** SEND ***

*** AEND ***
*** ASTART 9001.0 SC 1861 ***

THE CONSTITUTION OF THE STATE OF SOUTH CAROLINA,
APRIL 8, 1861.

        We, the People of the State of South Carolina, in Convention assembled, do ordain and
establish this Constitution, for the Government of the said State:

*** AEND ***
*** ASTART 001.0 SC 1861 ***
*** SSTART 001.0 001.0 0 SC 1861 ***

ARTICLE I.

        Section 1. The Legislative authority of this State shall be vested in a General Assembly,
which shall consist of a Senate and House of Representatives.

*** SEND ***
*** SSTART 002.0 001.0 0 SC 1861 ***

        Section 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.

*** SEND ***
*** SSTART 003.0 001.0 0 SC 1861 ***

        Section 3. The Election Districts in this State shall be as follows, to wit:

CHARLESTON, (including St. Philip and St. Michael,) 
CHRIST CHURCH, 
ST. JOHN, 
BERKLEY, 
ST. ANDREW, 
ST. GEORGE, 
DORCHESTER, 
ST. JAMES, 
GOOSE CREEK, 
ST. THOMAS and ST. DENNIS, 
ST. PAUL, 
ST. BARTHOLOMEW, 
ST. JAMES, 
SANTEE, 
ST. JOHN, 
COLLETON, 
ST. STEPHEN, 
ST. HELENA, 
ST. LUKE, 
PRINCE WILLIAM, 
ST. PETER, 
ALL SAINTS, (including its ancient boundaries,) 
WINYAW, (not including any part of All Saints,) 
KINGSTON, (not including any part of All Saints,) 
WILLIAMSBURG, 
MARION, 
MARLBOROUGH, 
CHESTERFIELD, 
DARLINGTON,
YORK, 
CHESTER, 
FAIRFIELD, 
RICHLAND, 
LANCASTER, 
KERSHAW, 
SUMTER, 
CLARENDON, 
ABBEVILLE, 
EDGEFIELD, 
NEWBERRY, 
LAURENS, 
UNION, 
SPARTANBURG, (heretofore called Spartan,) 
GREENVILLE, 
ANDERSON, 
PICKENS, 
ST. MATTHEW, 
ORANGE, 
BARNWELL, 
LEXINGTON.

*** SEND ***
*** SSTART 004.0 001.0 0 SC 1861 ***

       Section 4. The boundaries of the Election Districts shall remain as they have heretofore been
established.

*** SEND ***
*** SSTART 005.0 001.0 0 SC 1861 ***

        Section 5. The House of Representatives shall consist of one hundred and twenty-four
Members, to be apportioned among the several Election Districts of the State, according to the
number of white inhabitants contained, and the amount of all taxes raised by the Legislature,
whether direct or indirect, or of whatever species, paid in each, deducting therefrom all taxes
paid on account of property held in any other District, and adding thereto all taxes elsewhere paid
on account of property held in such District; an enumeration of the white inhabitants, for this
purpose, was made in the year one thousand eight hundred and fifty-nine, and shall be made in
the course of every tenth year thereafter, in such manner as shall be by law directed; and
Representatives shall be assigned to the different Districts, in the above-mentioned proportion,
by Act of the Legislature, at the session immediately succeeding every enumeration.

*** SEND ***
*** SSTART 006.0 001.0 0 SC 1861 ***

        Section 6. If the enumeration herein directed should not be made in the course of the year
appointed for the purpose, it shall be the duty of the Government to have it effected as soon
thereafter as shall be practicable.

*** SEND ***
*** SSTART 007.0 001.0 0 SC 1861 ***

        Section 7. In assigning Representatives to the several Districts of this State, the Legislature
shall allow one Representative for every sixty-second part of the whole number of white
inhabitants in the State; and one Representative, also, for every sixty-second part of the whole
taxes raised by the Legislature of the State. The Legislature shall further allow one
Representative for such fractions of the sixty-second part of the white inhabitants of the State,
and of the sixty-second part of the taxes raised by the Legislature of the State as when added
together, form a unit.

*** SEND ***
*** SSTART 008.0 001.0 0 SC 1861 ***

        Section 8. In every apportionment of representation which shall take place after the first
apportionment, the amount of taxes shall be estimated from the average of the ten preceding
years.

*** SEND ***
*** SSTART 009.0 001.0 0 SC 1861 ***

        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 Representative, such Election District shall
nevertheless send one Representative; and if there should be still a deficiency of the number of
Representatives required by section fifth, such deficiency shall be supplied by assigning
Representatives to those Election Districts having the largest surplus fractions, whether those
fractions consist of a combination of population and taxes, or of taxes separately, until the
number of one hundred and twenty-four members be provided.

*** SEND ***
*** SSTART 010.0 001.0 0 SC 1861 ***

        Section 10. No apportionment of Representatives shall be construed to take effect, in any
manner, until the general election which shall succeed such apportionment.

*** SEND ***
*** SSTART 011.0 001.0 0 SC 1861 ***

        Section 11. The Senate shall be composed of one member from each Election District,
except the District formed by the Parishes of St. Philip and St. Michael, to which shall be
allowed two Senators as heretofore.

*** SEND ***
*** SSTART 012.0 001.0 0 SC 1861 ***

        Section 12. The Senators having been heretofore divided, by lot, into two classes, the seats
of the Senators of the first class shall be vacated at the expiration of the second year after the
Monday following a general election, and of the second class at the expiration of the fourth year;
and the number of these classes shall be so proportioned that one-half of the whole number of
Senators may, as nearly as possible, continue to be chosen thereafter every second year.

*** SEND ***
*** SSTART 013.0 001.0 0 SC 1861 ***

        Section 13. Every free white man of the age of twenty-one years, paupers, and
non-commissioned officers and private soldiers of the army of the Confederate States of America
excepted, who hath been a citizen and resident in this State 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 is so
resident.

*** SEND ***
*** SSTART 014.0 001.0 0 SC 1861 ***

        Section 14. 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
other qualification, entitling him to vote, or to swear, or affirm, that he is duly qualified to vote,
agreeably to this Constitution.

*** SEND ***
*** SSTART 015.0 001.0 0 SC 1861 ***

        Section 15. 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.

*** SEND ***
*** SSTART 016.0 001.0 0 SC 1861 ***

        Section 16. 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 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.

*** SEND ***
*** SSTART 017.0 001.0 0 SC 1861 ***

        Section 17. Senators and Members, of the House of Representatives shall be chosen at a
general election on the Tuesday after the second Monday in October, in the year of our Lord one
thousand eight hundred and sixty-two, and on the same day in every second year thereafter, in
such manner and for such terms of office as are herein directed. They 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 casualities 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. From the next
general election shall, however, be excepted those Senators now in office, whose term of service
will not expire in the year one thousand eight hundred and sixty-two.

*** SEND ***
*** SSTART 018.0 001.0 0 SC 1861 ***

        Section 18. The terms of office of the Senators and Members of the House of
Representatives shall begin on the Monday following a general election.

*** SEND ***
*** SSTART 019.0 001.0 0 SC 1861 ***

        Section 19. 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.

*** SEND ***
*** SSTART 020.0 001.0 0 SC 1861 ***

        Section 20. 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.

*** SEND ***
*** SSTART 021.0 001.0 0 SC 1861 ***

        Section 21. 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 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 anything 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.

*** SEND ***
*** SSTART 022.0 001.0 0 SC 1861 ***

        Section 22. 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
the 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.

*** SEND ***
*** SSTART 023.0 001.0 0 SC 1861 ***

        Section 23. Bills for raising a revenue shall originate in the House of Representatives, but
may be altered, amended or rejected by the Senate; and all other bills may originate in either
House, and may be amended, altered or rejected by the other.

*** SEND ***
*** SSTART 024.0 001.0 0 SC 1861 ***

        Section 24. 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 seat affixed to it, and has
been signed in the Senate House by the President of the Senate and Speaker of the House of
Representatives.

*** SEND ***
*** SSTART 025.0 001.0 0 SC 1861 ***

        Section 25. No money shall be drawn out of the Public Treasury, but by the legislative
authority of the State.

*** SEND ***
*** SSTART 026.0 001.0 0 SC 1861 ***

        Section 26. The Members of the Legislature, who shall assemble under this Constitution,
shall be entitled to receive out of the Public Treasury, for their expenses during their attendance
on, going to, and returning from the Legislature, the compensation now fixed by law; and the
same may be increased or diminished by law, if circumstances shall require; but no alteration
shall be made by any Legislature to take effect during the existence of the Legislature which shall
make such alteration.

*** SEND ***
*** SSTART 027.0 001.0 0 SC 1861 ***

        Section 27. Neither House, during their session, without the consent of the other, shall
adjourn for more than three days, nor to any other place than that in which the two Houses shall
be sitting.

*** SEND ***
*** SSTART 028.0 001.0 0 SC 1861 ***

        Section 28. No bill or ordinance, which shall have been rejected by either House, shall be
brought in again during the sitting, without leave of the House, and notice of six days being
previously given.

*** SEND ***
*** SSTART 029.0 001.0 0 SC 1861 ***

     Section 29. No person shall be eligible to a seat in the Legislature whilst he holds any
office of profit or trust under this State, the Confederate States of America, 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 Confederate States of America, 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.

*** SEND ***
*** SSTART 030.0 001.0 0 SC 1861 ***

        Section 30. If any Election District shall neglect to choose a Member, or Members, on the
day of election, or if any person chosen a Member of either House should 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.

*** SEND ***
*** SSTART 031.0 001.0 0 SC 1861 ***

        Section 31. And whereas the ministers of the Gospel are, by their profession, dedicated to
the service of God and the cure of souls, and ought not to be diverted from the great duties of
their function; 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 to a seat in the Senate or House of Representatives.

*** SEND ***
*** AEND ***
*** ASTART 002.0 SC 1861 ***
*** SSTART 001.0 002.0 0 SC 1861 ***

ARTICLE II.

        Section 1. The Executive authority of this State shall be vested in a Governor, to be chosen
in the 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.

*** SEND ***
*** SSTART 002.0 002.0 0 SC 1861 ***

        Section 2. No person shall be eligible to the office of Governor unless he hath attained the
age of thirty years, and hath resided within the 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, and any other office, or commission, civil or
military, except in the militia, either in this State, or under the Confederate States of America, or
either of them, or under any other power, at one and the same time.

*** SEND ***
*** SSTART 003.0 002.0 0 SC 1861 ***

        Section 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.

*** SEND ***
*** SSTART 004.0 002.0 0 SC 1861 ***

        Section 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.

*** SEND ***
*** SSTART 005.0 002.0 0 SC 1861 ***

        Section 5. In case of the impeachment of the Governor, or his removal from office, death,
resignation, or removal 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 removal from the State, the President of the Senate shall succeed to his office,
until 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 removed from the State, was elected.

*** SEND ***
*** SSTART 006.0 002.0 0 SC 1861 ***

        Section 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 Confederate
States of America.

*** SEND ***
*** SSTART 007.0 002.0 0 SC 1861 ***

        Section 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 such restrictions as he shall
think proper; and he shall have power to remit fines and forfeitures, unless otherwise directed by
law.

*** SEND ***
*** SSTART 008.0 002.0 0 SC 1861 ***

        Section 8. He shall take care that the laws be faithfully executed, in mercy.

*** SEND ***
*** SSTART 009.0 002.0 0 SC 1861 ***

        Section 9. He shall have power to prohibit the exportation of provisions, for any time not
exceeding thirty days.
     
*** SEND ***
*** SSTART 010.0 002.0 0 SC 1861 ***

        Section 10. He shall, at stated times, receive for his services a compensation, which shall be
neither increased nor diminished, during the period for which he shall have been elected.

*** SEND ***
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        Section 11. All the 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.

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*** SSTART 012.0 002.0 0 SC 1861 ***

        Section 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.

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*** SSTART 013.0 002.0 0 SC 1861 ***

        Section 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.

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*** ASTART 003.0 SC 1861 ***
*** SSTART 001.0 003.0 0 SC 1861 ***

ARTICLE III.

        Section 1. The judicial power shall be vested in such Superior and Inferior Courts of Law
and Law and Equity as the Legislature shall from time to time direct and establish. The judges of
each shall hold their commissions during good behaviour; 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 Confederate States of
America, or any other power.

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*** SSTART 002.0 003.0 0 SC 1861 ***

        Section 2. The style of all process 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."

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*** ASTART 004.0 SC 1861 ***

ARTICLE IV.

Oath of office.

        All persons who shall be elected or appointed to any office of profit or trust, before entering
on the execution thereof, shall take (besides special oaths not repugnant to this Constitution,
prescribed by the General Assembly) the following oath: "I do solemnly swear (or affirm) that I
will be faithful and true allegiance bear to the State of South Carolina, so long as I may continue
a citizen thereof; and that I am duly qualified, according to the Constitution of this State, to
exercise the office to which I have been appointed; and that I will, to the best of my ability,
discharge the duties thereof, and preserve, protect and defend the Constitution of this State, and
that of the Confederate States of America. So help me God."

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*** ASTART 005.0 SC 1861 ***
*** SSTART 001.0 005.0 0 SC 1861 ***

ARTICLE V.

        Section 1. 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.

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        Section 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.

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        Section 3. The Governor, Lieutenant-Governor, and all civil officers shall be liable to
impeachment for high crimes and misdemeanors, for any misbehaviour in office, for corruption
in procuring office, or for any act which shall degrade their official character. But judgment in
such cases shall not extend further than to removal from office and disqualification to hold any
office of honor, trust or profit under this State. The party convicted shall, nevertheless, be liable
to indictment, trial, judgment and punishment, according to law.

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        Section 4. All civil officers, whose authority is limited to a single Election District, a single
Judicial District, or part of either, shall be appointed, hold their office, be removed from office,
and in addition to liability to impeachment, may be punished for official misconduct in such
manner as the Legislature, previous to their appointment, may provide.

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*** SSTART 005.0 005.0 0 SC 1861 ***

        Section 5. If any civil officer shall become disabled from discharging the duties of his
office, by reason of any permanent bodily or mental infirmity, his office may be declared to be
vacant by joint resolution, agreed to by two-thirds of the whole Representation in each branch of
the Legislature. Provided, That such resolution shall contain the grounds for the 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.

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*** ASTART 006.0 SC 1861 ***
*** SSTART 001.0 006.0 0 SC 1861 ***

ARTICLE VI.

        Section 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 the 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.

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        Section 2. All other officers shall be appointed as they hitherto have been, until otherwise
directed by law; but a sheriff shall not be again eligible for four years after the term for which he
shall have been elected.

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        Section 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.

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*** ASTART 007.0 SC 1861 ***

ARTICLE VII.

        All laws of 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.

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*** ASTART 008.0 SC 1861 ***
*** SSTART 001.0 008.0 0 SC 1861 ***

ARTICLE VIII.

        Section 1. The free exercise and enjoyment of religious profession and worship, without
discrimination or preference, shall, forever hereafter be allowed within this State, to all mankind,
provided that the liberty of conscience hereby declared shall not be so construed as to excuse acts
of licentiousness, or justify practices inconsistent with the peace or safety of this State.

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        Section 2. The rights, privileges, immunities and estates of both civil and religious societies,
and of corporate bodies, shall remain as if the Constitution of this State had not been altered or
amended.

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*** ASTART 009.0 SC 1861 ***
*** SSTART 001.0 009.0 0 SC 1861 ***

ARTICLE IX.

        Section 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.

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        Section 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.

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        Section 3. The military shall be subordinate to the civil power.

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*** SSTART 004.0 009.0 0 SC 1861 ***

        Section 4. Excessive bail shall not be required, nor excessive fines imposed, nor cruel
punishments inflicted.

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*** SSTART 005.0 009.0 0 SC 1861 ***

        Section 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.

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*** SSTART 006.0 009.0 0 SC 1861 ***

        Section 6. The trial by jury, is heretofore used in this State, and the liberty of the press, shall
be forever inviolably preserved.

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*** SSTART 007.0 009.0 0 SC 1861 ***

        Section 7. The rights of primogeniture shall not be re-established, and there shall not fail to
be some legislative provision for the equitable distribution of the estates of intestates.

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*** ASTART 010.0 SC 1861 ***
*** SSTART 001.0 010.0 0 SC 1861 ***

ARTICLE X.

        Section 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, the other shall hold his office and reside in
Charleston.

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        Section 2. The Secretary of State and the Surveyor General shall hold their offices both in
Columbia and Charleston. They shall reside at one place, and their Deputies at the other.

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*** SSTART 003.0 010.0 0 SC 1861 ***

        Section 3. The Judges shall, at such times and places as shall be prescribed by Act of the
Legislature or this State, meet and sit, for the purpose of hearing and determining all motions
which may be made for new trials, and in arrest of judgment, and such points of law as may be
submitted to them.

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*** SSTART 004.0 009.0 0 SC 1861 ***

        Section 4. The Governor shall always reside, during the sitting of the Legislature, at the
place where their Session may be held; and at all other times wherever, in his opinion, the public
good may require.

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*** AEND ***
*** ASTART 011.0 SC 1861 ***
*** SSTART 001.0 011.0 0 SC 1861 ***

ARTICLE XI.

        Section 1. No convention of the people shall be called, unless by the concurrence of
two-thirds of both branches of the whole Representation.

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*** SSTART 002.0 011.0 0 SC 1861 ***

        Section 2. No part of this Constitution shall be altered, unless a bill to alter the same shall
have been read, on three several days, in the House of Representatives, and on three several days
in the Senate, and agreed to at the second and third readings, by two-thirds of the whole
Representation in each branch of the Legislature; neither shall any alteration take place until the
bill so agreed to be published three months previous to a new election for Members of 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 each branch of the Legislature, after
the same shall have been read on three several days in each House, then, and not otherwise, the
same shall become a part of the Constitution.

        Done in Convention at Charleston, in the State of South Carolina, the eighth day of April, in
the year of our Lord one thousand eight hundred and sixty-one, and in the eighty- fifth year of the
sovereignty of the State of South Carolina. 

D. F. JAMISON,
President.

Attest: B. F. ARTHUR,
Clerk of the Convention.

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*** CEND ***