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sions convene the General As
sembly. 17. He shall commission officers. 18. Seal of State. 19. Grants and commissions. How
issued. 20. Oath of office. 21. Residence of Governor. 22. Bills which have passed the
General Assembly to be signed by the Governor.--He may sign or veto.-May be passed
over his veto. 23. Comptroller-General, Treasurer,
Secretary of State.--Term of office, duties and compensation prescribed by law.
Executice Department. 1. The supreme executive author
ity is vested in the Governor. 2. The manner of electing the
Governor.-Term of office two
years.-May be re-elected. 3. To be eligible to the office of
Governor. 4. The returns of election of Gov
ernor. The person having highest number of votes elected.-In case of tie.-Contested
elections. 5. Election of Lieutenant-Governor.
-President of the Senate. 6. He shall only vote in case of tie. 7. The Senate shall choose a Presi
dent pro tem. 8. Vacation of seats. 9. When the duties of Governor
shall devolve on Lieutenant
Governor. 10. The Governor shall be com
mander-in-Chief of the militia. 11. Pardoning power vested in the
Governor. 12. He shall see that the laws are
executed. 13. Compensation of Governor and
Lieutenant-Governor.-It shall not be increased nor dimin
ished. 14. Executive officers to report to
the Governor. 15. The Governor's message. 16. He may on extraordinary occa
Judicial Department. 1. The judicial power of the State
is vested in the Supreme and
certain other courts. 2. The Supreme Court.-Number of
judges.-Quorum.-How elected.-Term of office six years.
- To be classified. 3. The Chief Justice and associ
ates.-Their terms. 4. The Supreme Court shall have
appellate jurisdiction. 5. Sessions of the same. 6. No judge shall, if interested, etc. 7. The judge of said court shall
appoint a reporter and clerk. 8. When a judgment or decree is
reversed. 9. Compensation of judges of Su
preme and Circuit Courts.Not to have fees nor hold any
other office. 10. To be eligible as judge of Su
preme and Circuit Courts. 11. Vacancies.-How filled. 12. Decisions.-Concurrence of two
judges necessary. 13. The State to be divided into
Circuits. 14. Interchanging. 16. Court of Common Pleas.-Ita
terms and jurisdiction.
Section 17. Preservation of records. 18. Jurisdiction of Court of General
Session. 19. Repealed. 20. Probate Court.- Its jurisdiction. 21. Justices of the peace.- Term of
office two years. 22. Jurisdiction of the same. 23. Powers of the same. 24. Right of appeal. 25. Judges of Probate.-County com
missioners. —- Justices of the peace and constables, their
compensation. 26. How judges shall charge juries. 27. Clerks of courts. 28. Attorney-General.- His election.
Duties.- Term of office and
compensation. 29. Solicitors.—Their election.-Term
of office and compensation. 30. Sheriffs and coroners, term of
office four years. 31. Writs and processes. 32. Decisions of the Supreme Court. 33. The fourteenth article of amend
ment of the United States
Constitution shall be ratified. 34. Slave contracts void.
ļ Section 2. Impeachments shall be tried by
the Senate. 3. All executive officers liable.
Judgment not to extend be
yond removal from office. 4. Causes of impeachment.
Kright of Suffrage. 1. Popular elections shall be by
ballot. 2. Qualifications of electors. 3. Registration of electors. 4. Residence not lost by reason of
absence in the service of the
United States. 5. Soldiers and seamen not deemed
residents by reason of being
stationed in this State. 6. Electors exempted from arrest. 7. Electors eligible for any office. 8. Those deprived of the right of
suffrage. 9. Presidential electors. 10. The person receiving the highest
number of votes elected. 11. The term of residence necessary
to hold office not applicable to,
etc. 12. Former slaves not disfranchised.
Finance and Taxation. 1. Assessment and taxation. 2. Poll tax. 3. An annual tax sufficient to de
fray the expenses of the State
shall be provided for. 4. The object of a tax to be stated. 5. Public, charitable and certain
other institutions to be ex
empted from taxation. 6. Valuation and assessment of
lands. 7. The State may contract public debts for extraordinary
expenditures. 8. Municipal taxation. 9. Incorporation of cities and
towns. 10. Evidences of State indebtedness. 11. A statement of receipts and ex
penditures to be published.
Jurisprudence. 1. Differences may be decided by
arbitrators. 2. The General Assembly shall pass all laws necessary
for the change of venue. 3. Codification of the laws.
Eminent Domain. 1. The State shall have concurrent
jurisdiction on all rivers bor
dering on the State. 2. Land titles. 3. Ultimate right of property.
Impeachment. 1. The sole power of impeachment
is vested in the House of Representatives.
Section 12. No money drawn from treasury
but by appropriation. 13. The fiscal year shall commence
on November first of each year. 14. State bonds. 15. State, county and school funds. 16. Secession debts shall never be
paid. 17. Any bonded debt contracted by
any subdivision of the State shall never exceed eight per centum, etc.
Education. 1. superintendent of Education.
His election.-Powers, duties, etc., to be defined by General
Assembly. 2. School commissioners.-Board of
education. 3. Free schools to be kept at least
six months in each year. 4. Compulsory attendance. 5. Property to be taxed for the
support of schools. 6. A Normal school to be estab
lished. 1. Institutions for the blind, deaf
and dumb. 8. A reform
school to be established. 9. State University and Agricultu
ral College. 10. Public schools open to all with
out regard to race or color. 18. The school fund.
Charitable and Penal Institutions. 1. Institutions for the deaf, dumb,
blind, etc. 2. Directors of the penitentiary. 3. Directors of benevolent and
other State institutions. 4. The Governor to fill vacancies. 5. Poor laws. 6. Lunatic asylum.
Corporations. 1. They may be formed under
priated without full compen
sation. 4. Dues from corporations. 5. The personal liberty of stock
holders to be fixed. 6. Charters for banking purposes.
1. To consist of whom.
call them out.
1. Qualifications for office.
sembly. 8. Woman's property. 9. Removal of causes. 10. Time of election of State officers.
Amendment and Revision of the Con
1. Amendments may be proposed
in either house. 2. If two or more amendments
shall be submitted at the same
Prohibiting creation of debt
without consent of the people. Amendment to Article II, Section 11.
Changing election from October
Amendment to Article III, Sec
tain State officers. Amendment to Article II, Section 2.
"Toxaway" substituted for
“ White Water." Amendment to Article X, Section 5.
Tax of two mills for public
Amendment to Article II, Section 32.
As to homestead, amended. Amendment to Article II, Section 11.
Biennial elections to be fixed by
gery or any other infamous crime added to disqualifications.
We, the people of the State of South Carolina, in convention
assembled, grateful to Almighty God for this opportunity deliberately and peaceably of entering into an explicit and solemn compact with each other, and forming a new Constitution of civil government for ourselves and posterity, recognizing the necessity of the protection of the people in all that pertains to their freedom, safety and tranquillity, and imploring the direction of the Great Legislator of the Universe, do agree upon, ordain and establish the following:
Declaration of Rights. Section 1. All men are born free and equal — endowed by their Creator with certain inalienable rights, among which are the rights of enjoying and defending their lives and liberties, of acquiring, possessing and protecting property, and of seeking and obtaining their safety and happiness.
Sec. 2. Slavery shall never exist in this State; neither shall involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted.
Sec. 3. All political power is vested in and derived from the people only; therefore they have the right, at all times, to modify their form of government in such manner as they may deem expedient, when the public good demands.
Sec. 4. Every citizen of this State owes paramount allegi. ance to the Constitution and government of the United States, and no law or ordinance of this State in contravention or subversion thereof can have any binding force.
Sec. 5. This State shall ever remain a member of the Ameri. can Union, and all attempts, from whatsoever source, or upon
whatever pretext, to dissolve the said union shall be resisted with the whole power of the State.
Sec. 6. The right of the people peaceably to assemble to consult for the common good, and to petition the government, or any department thereof, shall never be abridged.
Sec. 7. All persons may freely speak, write and publish their sentiments on any subject, being responsible for the abuse of that right; and no laws shall be enacted to restrain or abridge the liberty of speech or of the press.
Sec. 8. In prosecutions for the publication of papers investigating the official conduct of officers or men in public capacity or when the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libel, the jury shall be the judges of the law and the facts.
No person shall be deprived of the right to worship God accordIny to the dictates of his own conscience: Provided, That the liberty of conscience hereby declared shall not justify practices inconsistent with the peace and moral safety of society.
Sec. 10. No form of religion shall be established by law; but it shall be the duty of the General Assembly to pass suitable laws to protect every religious denomination in the peace able enjoyment of its own mode of worship.
Sec. 11. The right of trial by jury shall remain inviolate.
Sec. 12. No person shall be disqualified as a witness, or be prevented from acquiring, holding and transmitting property, or be hindered in acquiring education, or be liable to any other punishment for any offense, or be subjected in law to any other restraints or disqualifications, in regard to any personal rights, than such as are laid upon others under like circumstances.
Sec. 13. No person shall be held to answer for any crime or offense until the same is fully, fairly, plainly, substantially and formally described to him; or be compelled to accuse or furnish evidence against himself; and every person shall have a right to produce all proofs that may be favorable to him, to meet the witnesses against him face to face, to have a speedy and public trial by an impartial jury, and to be fully heard in his defense by himself or by his counsel, or by both, as he may elect.
Sec. 14. No person shall be arrested, imprisoned, despoiled or dispossessed of his property, immunities or privileges, put out of the protection of the law, exiled or deprived of