Trisha did South Carolina this is ready to go. JW 6/2/04 *** CSTART SC 9/27/1865 4/16/1868 *** *** ASTART 9001.0 SC 1865 *** CONSTITUTION OF SOUTH CAROLINA-1865 We, the people of the State of South Carolina, by our delegates in convention met, do ordain and establish this constitution for the government of the said State. *** AEND *** *** ASTART 001.0 SC 1865 *** *** SSTART 001.0 001.0 0 SC 1865 *** ARTICLE I SECTION 1. The legislative authority of this State shall be vested in a general assembly which shall consist of a senate and a house of representatives. *** SEND *** *** SSTART 002.0 001.0 0 SC 1865 *** SEC. 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 1865 *** SEC. 3. Each judicial district in the State shall constitute one election district, except Charleston district, which shall be divided into two election districts; one, consisting of the late parishes of Saint Philip and Saint Michael, to be designated the election district of Charleston; the other, consisting of all that part of the judicial district which is without the limits of the said parishes, to be known as the election district of Berkeley. *** SEND *** *** SSTART 004.0 001.0 0 SC 1865 *** SEC. 4. The boundaries of the several judicial and election districts shall remain as they are now established. *** SEND *** *** SSTART 005.0 001.0 0 SC 1865 *** SEC. 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 in each, and the amount of all taxes raised by the general assembly, 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 general assembly at the session immediately succeeding every enumeration: Provided, That until the apportionment, which shall be made upon the next enumeration, shall take effect, the representation of the several election districts, as herein constituted, shall continue as assigned at the last apportionment, each district which has been heretofore divided into smaller districts, known as parishes having the aggregate number of representatives which the parishes heretofore embraced within its limits have had since that apportionment, the representative to which the parish of All Saints has been heretofore entitled being, during the interval, assigned to Horry election district. *** SEND *** *** SSTART 006.0 001.0 0 SC 1865 *** SEC. 6. If the enumeration herein directed shall not be made in the course of the year appointed for the purpose, it shall be the duty of the governor to have it effected as soon thereafter as shall be practical. *** SEND *** *** SSTART 007.0 001.0 0 SC 1865 *** SEC. 7. In assigning representatives to the several districts, the general assembly 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 general assembly. There shall be further allowed one representative for such fractions of the sixty-second part of the white inhabitants, and of the sixty-second part of the taxes, as, when added together, form a unit. *** SEND *** *** SSTART 008.0 001.0 0 SC 1865 *** SEC. 8. All taxes upon property, real or personal, shall be laid upon the actual value of the property taxed, as the same shall be ascertained by an assessment made for the purpose of laying such tax. In the first apportionment which shall be made under this constitution, the amount of taxes shall be estimated from the average of the two years next preceding such apportionment; but in every subsequent apportionment, from the average of the ten cars then next preceding. *** SEND *** *** SSTART 009.0 001.0 0 SC 1865 *** SEC. 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 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 population or taxes separately, until the number of one hundred and twenty-four members are made up: Provided, however, That not more than twelve representatives shall in any apportionment be assigned to any one election district. *** SEND *** *** SSTART 010.0 001.0 0 SC 1865 *** SEC. 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 1865 *** SEC. 11. The senate shall be composed of one member from each election district, except the election district of Charleston, to which shall be allowed two senators. *** SEND *** *** SSTART 012.0 001.0 0 SC 1865 *** SEC. 12. Upon the meeting of the first general assembly which shall be chosen under the provisions of this constitution, the senators shall be divided, by lot, into two classes; the seats of the senators of the one class to be vacated at the expiration of two years after the Monday following the general election, and of those of the other class at the expiration of four years; 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 1865 *** SEC. 13. No person shall be eligible to, or take or retain a seat in, the house of representatives, unless he is a free white man who bath attained the age of twenty-one years, hath been a citizen and a resident of this State three years next preceding the day of election, and bath been for the last six months of this time, and shall continue, a resident of the district which he is to represent. *** SEND *** *** SSTART 014.0 001.0 0 SC 1865 *** SEC. 14. No person shall be eligible to or take or retain a seat in the senate, unless he is a free white man, who hath attained the age of thirty years, hath been a citizen and resident of this State five years next preceding the day of election, and hath been, for the last six months of this time, and shall continue to be, a resident of the district which he is to represent. *** SEND *** *** SSTART 015.0 001.0 0 SC 1865 *** SEC. 15. Senators and members of the house of representatives shall be chosen at a general election on the third Wednesday in October in the present year, 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 casualties of war or contagious disorders shall 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. *** SEND *** *** SSTART 016.0 001.0 0 SC 1865 *** SEC. 16. The terms of office of the senators and representatives chosen at a general election shall begin on the Monday following such election. *** SEND *** *** SSTART 017.0 001.0 0 SC 1865 *** SEC. 17. Each house shall judge of the election 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 018.0 001.0 0 SC 1865 *** SEC. 18. Each house shall choose its own officers, determine its rules of proceeding, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member, but not a second time for the same cause. *** SEND *** *** SSTART 019.0 001.0 0 SC 1865 *** SEC. 19. 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 behavior 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 thereto or returning therefrom, or who shall rescue any person arrested by order of the house. *** SEND *** *** SSTART 020.0 001.0 0 SC 1865 *** SEC. 20. The members of both houses shall be protected in their persons and estates during their attendance on, going to, and returning from the general assembly, and ten days previous to the sitting and ten days after the adjournment thereof. But these privileges shall not be extended so as to protect any member who shall be charged with treason, felony, or breach of the peace. *** SEND *** *** SSTART 021.0 001.0 0 SC 1865 *** SEC. 21. 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 022.0 001.0 0 SC 1865 *** SEC. 22. Every act or resolution having the force of law shall relate to but one subject, and that shall be expressed in the title. *** SEND *** *** SSTART 023.0 001.0 0 SC 1865 *** SEC. 23. No bill shall have the force of law until it shall have been read three times, and on three several days, in each house, has had the seal of the State affixed to it, and has been signed in the senate-house by the president of the senate and the speaker of the house of representatives. *** SEND *** *** SSTART 024.0 001.0 0 SC 1865 *** SEC. 24. No money shall be drawn out of the public treasury but by the legislative authority of the State. *** SEND *** *** SSTART 025.0 001.0 0 SC 1865 *** SEC. 25. In all elections by the general assembly, or either house thereof, the members shall vote viva voce, and their votes thus given shall be entered upon the journals of the house to which they respectively belong. *** SEND *** *** SSTART 026.0 001.0 0 SC 1865 *** SEC. 26. The members of the general assembly who shall meet 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 general assembly, five dollars for each day's attendance, and twenty cents for every mile of the ordinary route of travel between the residence of the member and the capital or other place of sitting of the general assembly, both going and returning; and the same may be increased or diminished by law if circumstances shall require; but no alteration shall be made to take effect during the existence of the general assembly which shall make such altera- tion. *** SEND *** *** SSTART 027.0 001.0 0 SC 1865 *** SEC. 27. Neither house during the session of the general assembly shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the assembly shall be at the time sitting. *** SEND *** *** SSTART 028.0 001.0 0 SC 1865 *** SEC. 28. No person shall be eligible to a seat in the general assembly whilst he holds any office of profit or trust under this State, the United States of America, or any of them, or under any other power, except officers in the Militia, army or navy of this State, magistrates, or justices of inferior courts, while such justices receive no salaries; nor shall any contractor of the army or navy of this State, the United States of America, or any 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, lie shall vacate his seat. *** SEND *** *** SSTART 029.0 001.0 0 SC 1865 *** SEC. 29. 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 shall refuse to qualify and take his seat, or shall resign, die, depart the State, accept any disqualifying office, or become otherwise disqualified to hold his seat, 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 the vacancy thereby occasioned for the remainder of the term for which the person so refusing to qualify, resigning, dying, departing the State, or becoming disqualified was elected to serve, or the defaulting election district ought to have chosen a member or members. *** SEND *** *** SSTART 030.0 001.0 0 SC 1865 *** SEC. 30. 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 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 to a seat in the senate or house of representatives. *** SEND *** *** AEND *** *** ASTART 002.0 SC 1865 *** *** SSTART 001.0 002.0 0 SC 1865 *** ARTICLE II SECTION 1. The executive authority of this State shall be vested in a chief magistrate, who shall be styled the governor of the State of South Carolina. *** SEND *** *** SSTART 002.0 002.0 0 SC 1865 *** SEC. 2. The governor shall be elected by the electors duly qualified to vote for members of the house of representatives, and shall hold his office for four years, and until his successor shall be chosen and qualified; but the same person shall not be governor for two consecutive terms. *** SEND *** *** SSTART 003.0 002.0 0 SC 1865 *** SEC. 3. No person shall be eligible to the office of governor unless he hath attained the age of thirty years, and hath been a citizen and resident of this State for the ten years next preceding the day of election. And no person shall hold the office of governor and any other office or commission, civil or military, (except in the militia,) under this State or the United States, or any of them, or any other power, at one and the same time. *** SEND *** *** SSTART 004.0 002.0 0 SC 1865 *** SEC. 4. The returns of every election of governor shall be scaled up by the managers of elections in their respective districts, and transmitted by a messenger chosen by them to the seat of government, directed to the secretary of state, who shall deliver them to the speaker of the house of representatives, at the next ensuing session of the general assembly during the first week of which session the speaker shall open and publish them in the presence of both houses of the general assembly. The person having the highest number of votes shall be governor, but if two or more shall be equal and highest in votes, the general assembly shall, during the same session, in the house of representatives, choose one of them governor viva voce. Contested elections for governor shall be determined by the general assembly in such manner as shall be prescribed by law. *** SEND *** *** SSTART 005.0 002.0 0 SC 1865 *** SEC. 5. 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, and shall, ex offico, be the president of the senate. *** SEND *** *** SSTART 006.0 002.0 0 SC 1865 *** SEC. 6. The lieutenant-governor, acting as president of the senate, shall have no vote, unless the senate be equally divided. *** SEND *** *** SSTART 007.0 002.0 0 SC 1865 *** SEC. 7. The senate shall choose a president pro tempore to act in the absence of the lieutenant- governor, or when he shall exercise the office of governor. *** SEND *** *** SSTART 008.0 002.0 0 SC 1865 *** SEC. 8. A member of the senate, or of the house of representatives, being chosen, and acting as governor or lieutenant-governor, shall thereupon vacate his seat, and another person shall be elected in his stead. *** SEND *** *** SSTART 009.0 002.0 0 SC 1865 *** SEC. 9. In case of the impeachment of the governor, or his removal from office, death, resignation, disqualification, disability, 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, disqualification, disability, or removal from the State, the president pro tempore of the senate shall succeed to his office; and when the offices of the governor, lieutenant-governor, and president pro tempore of the senate shall become vacant in the recess of the senate, the secretary of state, for the time being, shall, by proclamation, convene the senate, that a president pro tempore may be chosen to exercise the office of governor for the unexpired term. *** SEND *** *** SSTART 010.0 002.0 0 SC 1865 *** SEC. 10. 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. *** SEND *** *** SSTART 011.0 002.0 0 SC 1865 *** SEC. 11. 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. It shall be his duty to report to the general assembly at the next regular session thereafter all pardons granted by him, with a full statement of each case and the reasons moving him thereunto. *** SEND *** *** SSTART 012.0 002.0 0 SC 1865 *** SEC. 12. He shall take care that the laws be faithfully executed in mercy. *** SEND *** *** SSTART 013.0 002.0 0 SC 1865 *** SEC. 13. The governor and lieutenant-governor shall, at stated times, receive for their services a compensation which shall be neither increased nor diminished during the period for which they shall have been elected. *** SEND *** *** SSTART 014.0 002.0 0 SC 1865 *** SEC. 14. 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. *** SEND *** *** SSTART 015.0 002.0 0 SC 1865 *** SEC. 15. 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. *** SEND *** *** SSTART 016.0 002.0 0 SC 1865 *** SEC. 16. He may, on extraordinary occasions, convene the general assembly, and should either house remain without a quorum for three days, or in case of disagreement, between the two houses with respect to the time of adjournment, may adjourn them to such time as he shall think proper, not beyond the fourth Monday of November then next ensuing. *** SEND *** *** SSTART 017.0 002.0 0 SC 1865 *** SEC. 17. He shall commission all officers of the State. *** SEND *** *** SSTART 018.0 002.0 0 SC 1865 *** SEC. 18. It shall be the duty of the managers of elections of this State, at the first general election under this constitution, and at each alternate general election thereafter, to hold an election for governor and lieutenant-governor. *** SEND *** *** SSTART 019.0 002.0 0 SC 1865 *** SEC. 19. The governor and the lieutenant-governor, before entering upon the duties of their respective offices, shall, in the presence of the general assembly, take the oath of office prescribed in this constitution. *** SEND *** *** SSTART 020.0 002.0 0 SC 1865 *** SEC. 20. The governor shall reside, during the sitting of the general assembly, at the place where its sessions may be held; and the general assembly may, by law, require him to reside at the capital of the State. *** SEND *** *** SSTART 021.0 002.0 0 SC 1865 *** SEC. 21. Every bill which shall have passed the general assembly shall, before it become a law, be presented to the governor; if he approve he shall sign it; but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration a majority of the whole representation of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by a majority of the whole representation of that other house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the governor within two days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if be had signed it. And, that time may be always allowed the governor to consider bills passed by the general assembly, neither house shall read any bill on the last day of its session, except such bills as have been returned by the governor as herein provided. *** SEND *** *** AEND *** *** ASTART 003.0 SC 1865 *** *** SSTART 001.0 003.0 0 SC 1865 *** ARTICLE III SECTION 1. The judicial power shall be vested in such superior and inferior courts of law and equity as the general assembly shall, from time to time, direct and establish. The judges of the superior courts shall be elected by the general assembly, shall hold their offices during good behavior, and 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 United States of America, or any of them, or any other power. The general assembly shall, as soon as possible, establish for each district in the State an inferior court or courts, to be styled the "district court" the judge whereof shall be resident in the district while in office shall be elected by the general assembly for four years, and shall be re‰ligible, which court shall have jurisdiction of all civil causes wherein one or both of the parties are persons of color, and of all criminal cases wherein the accused is a person of color; and the general assembly is empowered to extend the jurisdic- tion of the said court to other subjects. *** SEND *** *** SSTART 002.0 003.0 0 SC 1865 *** SEC. 2. The judges shall meet and sit at Columbia, at such time as the general assembly may by act prescribe, for the purpose of hearing and determining all motions for new trials and in arrest of judgment, and such points of law as may be submitted to them; and the general assembly may, by act, appoint such other places for such meetings as in their discretion may seem fit. *** SEND *** *** SSTART 003.0 003.0 0 SC 1865 *** SEC. 3. 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." *** SEND *** *** AEND *** *** ASTART 004.0 SC 1865 *** ARTICLE IV In all elections to be made by the people of this State, or of any part thereof, for civil or political offices, every person shall be entitled to vote who has the following qualifications, to wit: He shall be a free white man who has attained. the age of twenty-one years, and is not a pauper, nor a non-commissioned officer or private soldier of the Army, nor a seaman or marine of the Navy of the United States. He shall, for the two years next preceding the day of election, have been a citizen of this State, or, for the same period, an emigrant from Europe, who has declared his intention to become a citizen of the United States, according to the Constitution and laws of the United States. He shall have resided in this State for at least two years next preceding the day of election, and for the last six months of that time in the district in which he offers to vote: Provided, however, That the general assembly may, by requiring a registry of voters, or other suitable legislation, guard against frauds in elections and usurpations of the right of suffrage may impose disqualification to vote as a punishment for crime, and may prescribe additional qualifications for voters in municipal elections. *** AEND *** *** ASTART 005.0 SC 1865 *** ARTICLE V 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 swear [or affirm] 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 United States: So help me God." *** AEND *** *** ASTART 006.0 SC 1865 *** *** SSTART 001.0 006.0 0 SC 1865 *** ARTICLE VI 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. *** SEND *** *** SSTART 002.0 006.0 0 SC 1865 *** SEC. 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. *** SEND *** *** SSTART 003.0 006.0 0 SC 1865 *** SEC.3. The governor, lieutenant-governor, and all civil officers, shall be liable to impeachment for high crimes and misdemeanors, for any misbehavior 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 indict- ment, trial, judgment, and punishment according to law. *** SEND *** *** SSTART 004.0 006.0 0 SC 1865 *** SEC. 4. All civil officers whose authority is limited to a single judicial district, a single election 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 general assembly, previous to their appointment, may provide. *** SEND *** *** SSTART 005.0 006.0 0 SC 1865 *** SEC. 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 house of the general assembly: 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. *** SEND *** *** AEND *** *** ASTART 007.0 SC 1865 *** *** SSTART 001.0 007.0 0 SC 1865 *** ARTICLE VII SECTION 1. The treasurer and the secretary of state shall be elected by the general assembly in the house of representatives, shall hold their offices for four years, and shall not be eligible for the next succeeding term. *** SEND *** *** SSTART 002.0 007.0 0 SC 1865 *** SEC. 2. All other officers shall be appointed as they hitherto have been, until otherwise directed by law; but the same person shall not hold the office of sheriff for two consecutive terms. *** SEND *** *** SSTART 003.0 007.0 0 SC 1865 *** SEC. 3 All commissions shall be in the name and by the authority of the State of South Carolina, be scaled with the seal of the State, and be signed by the governor. *** SEND *** *** AEND *** *** ASTART 008.0 SC 1865 *** ARTICLE VIII All laws of force in this State at the adoption of this constitution, and not repugnant hereto, shall so continue until altered or repealed, 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 general assembly. *** AEND *** *** ASTART 009.0 SC 1865 *** *** SSTART 001.0 009.0 0 SC 1865 *** 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. *** SEND *** *** SSTART 002.0 009.0 0 SC 1865 *** SEC. 2. No person shall be taken, or imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed or exiled or in any manner deprived of his life, liberty, or property, but by due process of law; nor shall any bill of attainder, ex post facto law, or law impairing the obligation of contracts ever be passed by the general assembly. *** SEND *** *** SSTART 003.0 009.0 0 SC 1865 *** SEC. 3. The military shall be subordinate to the civil power. *** SEND *** *** SSTART 004.0 009.0 0 SC 1865 *** SEC. 4. The privilege of the writ of habeas corpus shall not be suspended, unless when, in case of rebellion or invasion, the public safety requires it. *** SEND *** *** SSTART 005.0 009.0 0 SC 1865 *** SEC. 5. Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted. *** SEND *** *** SSTART 006.0 009.0 0 SC 1865 *** SEC. 6. The general assembly 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 behavior. *** SEND *** *** SSTART 007.0 009.0 0 SC 1865 *** SEC. 7. The trial by jury as heretofore used in this State, and the liberty of the press, shall be forever inviolably preserved. But the general assembly shall have power to determine the number of persons who shall constitute the jury in the inferior and district courts. *** SEND *** *** SSTART 008.0 009.0 0 SC 1865 *** SEC. 8. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall be allowed within this State to all mankind : Provided, That the liberty of conscience hereby declared shall not be construed as to excise acts of licentiousness, or justify practices inconsistent with the peace and safety of the State. *** SEND *** *** SSTART 009.0 009.0 0 SC 1865 *** SEC. 9 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. *** SEND *** *** SSTART 010.0 009.0 0 SC 1865 *** SEC. 10. The rights of primogeniture shall not be reestablished, and there shall not fail to be some legislative provision for the equitable distribution of the estates of intestates. *** SEND *** *** SSTART 011.0 009.0 0 SC 1865 *** SEC. 11. The slaves in South Carolina having been emancipated by the action of the United States authorities, neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall ever be reestablished in this State. *** SEND *** *** AEND *** *** ASTART 010.0 SC 1865 *** ARTICLE X The general assembly, whenever a tax is laid upon land, shall, at the same time, impose a capitation-tax, which shall not be less upon each poll than one-fourth of the tax laid upon each hundred dollars' worth of the assessed value of the land taxed; excepting, however, from the operation of such capitation-tax all such classes of persons as from disability or otherwise ought, in the judgment of the general assembly, to be exempted. *** AEND *** *** ASTART 011.0 SC 1865 *** *** SSTART 001.0 011.0 0 SC 1865 *** ARTICLE XI SECTION 1. The business of the treasury shall be conducted by one treasurer, who shall hold his office and reside at the seat of government. *** SEND *** *** SSTART 002.0 011.0 0 SC 1865 *** SEC. 2. The secretary of state shall hold his office and reside at the seat of government. *** SEND *** *** AEND *** *** ASTART 012.0 SC 1865 *** *** SSTART 001.0 012.0 0 SC 1865 *** ARTICLE XII SECTION 1. No convention of the people shall be called, unless by the concurrence of two- thirds of the whole representation in each house of the general assembly. *** SEND *** *** SSTART 002.0 012.0 0 SC 1865 *** SEC. 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 reading, by two-thirds of the whole representation in each house of the general assembly; neither shall any alteration take effect until the bill, so agreed to, shall be published for three months previous to a new election for members of the house of representatives; and the alteration proposed by the preceding general assembly shall be agreed to by the new general assembly, in their first session, by the concurrence of two-thirds of the whole representation in each house, after the same shall have been read on three several days in each; 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 twenty-seventh day of September, in the year of our Lord one thousand eight hundred and sixty-five. D. L. WARDLAW, President. JOHN T. SLOAN, Clerk. *** SEND *** *** AEND *** *** ASTART 9023.1 SC 1865 *** *** SSTART 001.0 9023.1 0 SC 1865 *** ORDINANCE Section 1. We, the People of the State of South Carolina, by our Delegates in Convention met, do ordain, That on the third Wednesday in October next, elections shall be held for the offices of Governor and Lieutenant-Governor of the State of South Carolina, and for Members of the Senate and House of Representatives of the General Assembly of the State. *** SEND *** *** SSTART 002.0 9023.1 0 SC 1865 *** Section 2. That the Managers of Elections throughout the State shall give public notice of such elections, and on the day indicated shall open separate polls at their respective precincts for each of the said elections, and shall conduct the same, in all respects, in accordance with the laws and usages of this State. In case there be no regularly appointed Managers at any precinct, said elections shall be held and conducted by Managers for that purpose specially appointed by a majority of the persons who are now the Delegates of this Convention from the District in which such precinct lies, and vacancies among the Managers shall be in like manner filled. *** SEND *** *** SSTART 003.0 9023.1 0 SC 1865 *** Section 3. In the elections to the General Assembly, the Districts of Beaufort, Colleten, Orangeburg and Berkeley shall each elect one Senator, and on general ticket as many Members of the House of Representatives as were assigned by the last apportionment to the several Parishes comprised in each. The District of Georgetown shall elect one Senator and three Representatives. The District of Horry shall elect one Senator and two Representatives. The Election District of Charleston shall elect two Senators and twenty Representatives; and other Districts shall elect each one Senator and as many Representatives as were assigned to each by the last apportionment. *** SEND *** *** SSTART 004.0 9023.1 0 SC 1865 *** Section 4. That immediately after closing the polls, the Managers shall count the votes polled, and after making returns thereof, showing the number of votes polled for each person, shall certify the same under their hands, and appoint one of their number to carry such returns, with a list of the voters, and report the same to the general meeting of the Managers of the District; which general meeting shall be held at the Court House of the District on the day following the election; except that the Managers for the Election District of Berkeley shall hold their general meeting at the city of Charleston, on the second day following the election, at 2 o'clock P.M. and the Managers, when so assembled in general meeting, shall, after ascertaining the result of the several returns, proceed to declare the election of Members of the General Assembly, and shall furnish certificates, under their hands, of such elections to the persons entitled thereto. *** SEND *** *** SSTART 005.0 9023.1 0 SC 1865 *** Section 5. That the members so elected shall meet in General Assembly, in special session, at Columbia, on Wednesday, the twenty-fifth day of October next. *** SEND *** *** SSTART 006.0 9023.1 0 SC 1865 *** Section 6. That the Managers, when so assembled in general meeting, shall make separate returns of the results of the ballotings for Governor and Lieutenant-Governor, shall certify the same to the Secretary of State, under their hands, and shall forward to him such returns, each in a separate sealed envelope, appropriately endorsed, by a Messenger to be by them appointed for that purpose, who shall be by them sworn to deliver and shall deliver the same, with the seals unbroken, to the Secretary of State, at Columbia, on or before the fourth Monday of November next. *** SEND *** *** SSTART 007.0 9023.1 0 SC 1865 *** Section 7. That the Secretary of State shall, at such time as they may be required of him, deliver said returns to the Speaker of the House of Representatives, who shall, during the first week of the regular session, open and announce the said returns, declare the election, and order the entering of the same on the Journal of the House. *** SEND *** *** SSTART 008.0 9023.1 0 SC 1865 *** Section 8. That the Messengers be entitled to receive out of the Treasury of the State a compensation equal to five dollars per diem, and twenty cents per mile going to and returning from Columbia the number of days and miles to be ascertained by the Secretary of State, who shall certify pay-bills therefor. *** SEND *** *** SSTART 009.0 9023.1 0 SC 1865 *** Section 9. That the Clerk of the Convention shall order the immediate printing of one thousand copies of this Ordinance, and forthwith distribute the same to the Managers of Elections throughout the State. *** SEND *** *** AEND *** *** ASTART 9023.2 SC 1865 *** *** SSTART 001.0 9023.2 0 SC 1865 *** ORDINANCE SECTION 1. We, the people of the State of South Carolina, by our delegates in convention met, do ordain that the constitution of this State, as ordained and established by the people in convention at Charleston, on the eighth day of April, in the year of our Lord one thousand eight hundred and sixty-one, is in force, except as amended or altered by this constitution. *** SEND *** *** SSTART 002.0 9023.2 0 SC 1865 *** SEC. 2. That all laws, orders, resolutions, and rules ascertaining the rights of persons, natural or artificial, or regulating proceedings in the courts of law or of equity, which were of force in this State on the nineteenth day of December, in the year of our Lord one thousand eight hundred and sixty, are now in force, and shall so continue until altered, modified, repealed, or avoided by proper State authority, except in so far as the same or any of them have or has been, since that time, so altered, modified, repealed, or avoided. *** SEND *** *** SSTART 003.0 9023.2 0 SC 1865 *** SEC. 3. That all acts and resolutions of the general assembly of this State which have been passed, adopted, or ratified since the nineteenth day of December, in the year of our Lord one thousand eight hundred and sixty aforesaid, are now in force, and shall so continue until altered, modified, repealed, or avoided by proper State authority, except such as have expired by their own limitation, or by reason of the cessation of the causes which occasioned their enactment; not, however, including within this exception the act of assembly prohibiting the collector of debts, usually known as the stay law: Provided however, That all laws, resolutions, orders, or rules embraced within the terms of this and preceding sections, which recognize the existence of slavery and regulate the relations of master and slave, and define and enforce the rights and duties growing thereout, or create and punish offences against such rights, or against the public policy of the State in reference to slavery, have become of no further or future, force or effect by reason of the extinction of slavery. *** SEND *** *** SSTART 004.0 9023.2 0 SC 1865 *** SEC. 4. That all official acts in the executive and other departments of the government of this State, judicial proceedings, rules of court, gales, conveyances, contracts, obligations, instruments of writing, and transactions affecting rights of persons or property, had, made, executed, or incurred since the nineteenth day of December; in the year of our Lord one thousand eight hundred and sixty, have, and shall continue to have, in all respects, the same force, effect, and validity as if the same had been made, executed or incurred in a time of peace, and as if the ordinance of secession had not been passed: Provided, That in every action arising on any contract, whether under seal or parol, written or oral, made between the first day of January, in the year of our Lord one thousand eight hundred and sixty-two, and the fifteenth day of May, in the year of our Lord one thousand eight hundred and sixty-five, it shall be lawful for either party to the action to introduce testimony showing the true value ad real character of the consideration of such contract at the time it was made, so that, regard being had to the particular circumstances of each case, such verdict or decree may be rendered as will effect substantial justice between the parties: And provided further, That all prosecutions now pending under any act or acts of the general assembly, passed to aid or assist in the war against the United States, shall be discontinued. *** SEND *** *** SSTART 005.0 9023.2 0 SC 1865 *** SEC. 5. The general assembly of this State is hereby forever prohibited from passing any law imposing civil disabilities, forfeiture of property or of other rights, or punishment of any kind, on any citizen or resident of this State, or persons owning property therein, for the relation of. such citizen, resident, or person to, or his or her conduct in reference to, the late secession of this State from the Federal Union, or the War which grew out of the same, or for any participation, aid, counsel, or assistance therein. *** SEND *** *** SSTART 006.0 9023.2 0 SC 1865 *** SEC. 6. The judges of the several courts in this State, and other judicial officers, the attorney- general and solicitors, president and directors of the Bank of the State of South Carolina, the secretary of state, commissioners of the treasury, surveyor-general, and all district and other officers who derive their authority from or under the executive, legislative, or judicial departments, who were holding and exercising office before and on the twenty-sixth day of April last, or had before that day been elected thereto, are, in the regard of the State, (except where vacancies have since occurred, or may occur by reason of death, expiration of term, or otherwise, under the laws of the State,) still holding their respective offices, and are entitled to hold and exercise the same by the original tenure thereof for the residue of the terms for which they were severally elected or appointed: Provided, however, That every person so holding office has heretofore taken and subscribed, or shall, before the first day of December next, take and subscribe, before some officer properly authorized to administer the same, the oath prescribed and required in the proclamation of His Excellency Andrew Johnson, President of the United States, of the twenty-ninth day of May last, commonly called the " amnesty proclamation;" and upon failure to comply with the requirements of this proviso, the office of such person shall be thereupon vacant, and shall be filled in the manner provided by law in cases of vacancy otherwise occurring. *** SEND *** *** AEND *** *** ASTART 9023.3 SC 1865 *** *** SSTART 001.0 9023.3 0 SC 1865 *** Section 1. We, the People of the State of South Carolina, by our Delegates in Convention met, do ordain, That the President and Directors of the Bank of the State of South Carolina be, and they are, hereby authorized to advance to the use of the State from any funds now in their possession and under their control, a sum not exceeding thirteen thousand dollars in gold coin; and the faith and credit of the State are hereby pledged for the repayment of the said sum in gold coin, to the said President and Directors. And the said sum so advanced shall be subject to the order of this Convention. That the General Assembly of this State shall, at its next session, provide for the repayment of the said sum of thirteen thousand dollars in gold coin, with interest, to the said President and Directors of the Bank of the State of South Carolina. That for the sum or sums to be advanced under this Ordinance, a certificate or certificates shall be issued, signed by the President of this Convention, in the form following, that is to say: "The State of South Carolina. Be it known that there is due from the State of South Carolina to the President and Directors of the Bank of the State of South Carolina, the sum of ------------ in gold coin, to be paid to the said president and directors, with interest from the date hereof, within six months from the date of this certificate; the said sum having been advanced to the use of the State, under an Ordinance of the Convention of the People of the State, convened at Columbia on the thirteenth day of September, in the year of the Lord one thousand eight hundred and sixty-five. Done at Columbia, this ---------- day of -----------, in the year of our Lord one thousand eight hundred and sixty-five." Which certificate or certificate so executed shall be binding upon the State, and payable out of its treasury. *** SEND *** *** AEND *** *** ASTART 9023.4 SC 1865 *** *** SSTART 001.0 9023.4 0 SC 1865 *** Section 1. We, the People of the State of South Carolina, by our Delegates in Convention met, do ordain, That the Ordinance adopted by us in Convention on the twentieth day of December, in the year of our Lord one thousand eight hundred and sixty, entitled 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," is hereby repealed. *** SEND *** *** AEND *** *** ASTART 9023.5 SC 1865 *** *** SSTART 001.0 9023.5 0 SC 1865 *** Section 1. We, the People of the State of South Carolina, by our Delegates in Convention met, do ordain, That the State of South Carolina shall be, and the same is, hereby divided into four Congressional Districts, as follows, namely: First Congressional District, to be composed of the Judicial District of Lancaster, Chesterfield, Marlborough, Darlington, Marion, Horry, Georgetown, Williamsburg, Sumter, Clarendon and Kershaw: Second Congressional District, to be composed of the Judicial Districts of Charleston, Colleton, Beaufort and Barnewell; Third Congressional District, to be composed of the Judicial Districts of Orangeburg, Edgefield, Abbeville, Lexington, Newberry, Richland and Fairfield; and the Fourth Congressional District, to be composed of the Judicial Districts of Anderson, Pickens, Greenville, Laurens, Spartanburg, Union, York and Chester. *** SEND *** *** SSTART 002.0 9023.5 0 SC 1865 *** Section 2. That until the next apportionment be made by the Congress of the Untied States, each of the said Congressional Districts shall be entitled to elect one Member to represent this State in the Congress of the United States. *** SEND *** *** AEND *** *** CEND ***