網頁圖片
PDF
ePub 版

his life, liberty or estate, but by the judgment of his peers or the law of the land. And the General Assembly shall not enact any law that shall subject any person to punishment without trial by jury; nor shall he be punished but by virtue of a law already established, or promulgated prior to the offense, and legally applied.

Sec. 15. All courts shall be public, and every person, for any injury that he may receive in his lands, goods, person or reputation, shall have remedy by due course of law, and justice administered without unnecessary delay.

Sec. 16. All persons shall, before conviction be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption great; and excessive bail shall not, in any case, be required, nor corporal punishment inflicted.

Sec. 17. The privilege of the writ of habeas corpus shall not be suspended, except when, in case of insurrection, rebellion or invasion, the public safety may require it.

Sec. 18. No person, after having been once acquitted by a jury, shall again, for the same offense, be put in jeopardy of his life or liberty.

Sec. 19. All offenses less than felony, and in which the punishment does not exceed a fine of one hundred dollars, or imprisonment for thirty days, shall be tried summarily before a justice of the peace, or other officer authorized by law, on information under oath, without indictment or intervention of a grand jury, saving to the defendant the right of appeal; and no person shall be held to answer for any higher crime or offense unless on presentment of a grand jury, except in cases arising in the land and naral service, or in the militia when in actual service in time of war or public danger.

Sec. 20. No person shall be imprisoned for debt, except in cases of fraud; and a reasonable amount of property, as a homestead, shall be exempted from seizure or sale for the payment of any debts or liabilities, except for the payment of such obliga. tions as are provided for in this Constitution.

Sec. 21. No bill of attainder, ex post facto law, nor any law impairing the obligation of contracts, shall ever be enacted; and no conviction shall work corruption of blood or forfeiture of estate.

Sec. 22. All persons have a right to be secure from unreasonable searches or seizures of their persons, houses, papers or possessions. All warrants shall be supported by oath or afirmation, and the order of the warrant to a civil officer to make search or seizure in suspected places, or to arrest one or more suspected persons, or to seize their property, shall be accompanied with a special designation of the persons or objects of search, arrest or seizure; and no warrant shall be issued but in the cases and with the formalities prescribed by the laws.

Sec. 23. Private property shall not be taken or applied for public use, or for the use of corporations, or for private use, without the consent of the owner or a just compensation being made therefor: Provided, however, That laws may be made securing to persons or corporations the right of way over the lands of either persons or corporations, and, for works of internal improvement, the right to establish depots, stations, turnouts, etc.; but a just compensation shall, in all cases, be first made to the owner.

Sec. 24. The power of suspending the laws, or the execution of the laws, shall never be exercised but by the General Assembly, or by authority derived therefrom, to be exercised in such particular cases only as the General Assembly shall expressly provide for.

Sec. 25. No person shall, in any case, be subject to martial law, or to any pains or penalties by virtue of that law, except those employed in the army or navy of the United States, and except the militia in actual service, but by authority of the General Assembly.

Sec. 26. In the government of this Commonwealth, the Legis. lative, executive and judicial powers of the government shall be forever separate and distinct from each other, and no person or persons exercising the functions of one of said departments shall assume or discharge the duties of any other.

Sec. 27. The General Assembly ought frequently to assemble for the redress of grievances, and for making new laws, as the conimon good may require.

Sec. 28. The people have a right to keep and bear arms for the common defense. As in times of peace armies are danger. ous to liberty, they ought not to be maintained without the con. sent of the General Assembly. The military power ought always to be held in an exact subordination to the civil authority and be governed by it.

Sec. 29. In time of peace no soldier shall be quartered in any house without the consent of the owner; and in time of war such quarters shall not be made but in a manner prescribed

by law.

Sec. 30. No person who conscientiously scruples to bear arms shall be compelled so to do, but he shall pay an equivalent for personal service.

Sec. 31. All elections shall be free and open, and every inhabitant of this commonwealth possessing the qualifications provided for in this Constitution shall have an equal right to elect officers and be elected to fill public office.

Sec. 32. No property qualifications shall be necessary for an election to or the holding of any office, and no office shall be created the appointment to which shall be for a longer time than good behavior. After the adoption of this Constitution, any person who shall fight a duel, or send or accept a challenge for that purpose, or be an aider or abettor in fighting a duel, shall be deprived of holding any office of honor or trust in this state, and shall be otherwise punished as the law shall prescribe.

Sec. 33. The right of suffrage shall be protected by laws regulating elections, and prohibiting, under adequate penalties, all undue influences from power, bribery, tumult or improper conduct.

Sec. 34. Representation shall be apportioned according to population, and no person in this State shall be disfranchised or deprived of any of the rights or privileges now enjoyed, except by the law of the land or the judgment of his peers.

Sec. 35. Temporary absence from the State shall not forfeit a residence once obtained.

Sec. 36. All property subject to taxation shall be taxed in proportion to its value. Each individual of society has a right to be protected in the enjoyment of life, liberty and property, according to standing laws. He should, therefore, contribute his share to the expense of his protection, and give his personal service when necessary.

Sec. 37. No subsidy, charge, impost, tax or duties shall be established, fixed, laid or levied, under any pretext whatsoever, without the consent of the people, or their representatives law. fully assembled.

Sec. 38. Excessive fines shall not be imposed, nor cruel and unusual punishment inflicted, nor shall witnesses be unreasonably detained.

Sec. 39. No title of nobility or hereditary emolument shall ever be granted in this State. Distinction on account of race or color, in any case whatever, shall be prohibited, and all classes of citizens shall enjoy equally all common, public, legal and political privileges.

Sec. 40. All navigable waters shall remain forerer public highways, free to the citizens of the State and the United States, without tax, impost or toll imposed; and no tax, toll, impost or wbarfage shall be imposed, demanded or received from the owner of any merchandise or commodity, for the use of the shores, or any wharf erected on the shores, or in or over the waters of any navigable stream, unless the same be authorized by the General Assembly.

Sec. 41. The enumeration of rights in this Constitution shall not be construed to impair or deny others retained by the people, and all powers not herein delegated remain with the people.

66

ARTICLE II.

Legislative Department. Section 1. The legislative power of this State shall be vested in two distinct branches, the one to be styled the “Senate,” and the other the “House of Representatives," and both together the “General Assembly of the State of South Carolina.”

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.

Sec. 3. The judicial districts shall hereafter be designated as counties, and the boundaries of the several counties shall remain as they are now established, except the county of Pickens, which is hereby divided into two counties, by a line leaving the southern boundary of the State of North Carolina where the White Water river enters this State, and thence down the center of said river, by whatever names known, to Ravenel's Bridge, on Seneca river, and thence along the center of the road leading to Pendleton village, until it intersects the line of the county of Anderson; and the territory lying east of said line shall be known as the county of Pickens; and the territory lying west of said line shall be known as the county of Oconee: Provided, That the General Assembly shall have the power at any time to organize new counties by changing the boundaries of any of the old ones; but no new county shall be hereafter formed of less extent than six hundred and twenty-five square miles, nor shall any existing counties be reduced to a less extent than six hundred and twentytive square miles. Each county shall constitute one election district.

Section 1. That article II of the Constitution of the State of South Carolina be, and the same is hereby, amended so that in sections four and five of said article, the following shall be substituted, and shall be known as section four, thereof, to wit.

Sec. 4. The House of Representatives shall consist of one hundred and twenty-four members, to be apportioned among the sevral counties according to the number of inhabitants con tained in each; an enumeration oỉ the inhabitants for this purpose shall be made in 1891, and shail be made in the course o! every tenth year thereafter, in such inanner as shall be by law directed: Provided, That the General Assembly may at any time in its discretion adopt the immediately preceding United States census as a true and correct counteration of the inhabit. ants of the several counties, and make the apportionment or assignment of Representatives among the several counties according to said enumeration: Provided, however, This amendment shall not prevent the General Assembly from providing for an ennmeration and apportionment prior to 1891 in the manner now provided for by law.

Sec. In assigning Representatives to the several counties, the General Assembly shall allow one Representative to every one hundred and twenty-fourth part of the whole nutuber of inhabitants in the State: Provided, That if the apportionmeut of Representatives any county shall appear not to be entitled, from its population, to a Representative, such county shall, nevertheless, send one Representative; and if there be still a deficiency of the number of Representatives required by section fourth of this article, such deficiency shall be supplied by assigning Repre. sentatives to those counties having the largest surplus fractions.

Sec. 7. No apportionment of Representatives shall be construed to take effect in any manner until the general election which shall succeed such apportionment.

Sec. 8. The Senate shall be composed of one member from each county, to be elected for the term of four years by the quali

« 上一頁繼續 »