網頁圖片
PDF
ePub 版

fed voters of the State, in the same manner in which members of the House of Representatives are chosen, except the county of Charleston, which shall be allowed two Senators.

Sec. 9. 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, as nearly equal as may be; the seats of the Senators of the first class to be vacated at the expiration of two years after the Monday following the general election, and of those of the second class at the expiration of four years, so that, except as above provided, one. half of the Senators may be chosen every second year.

Sec. 10. No person shall be eligible to a seat in the Senate or House of Representatives who at the time of his election is not a citizen of the United States; nor anyone who has not been for one year next preceding his election a resident of this Slate and for three months next preceding his election a resident of the county whence he may be chosen; nor anyone who has been convicted of an infamous crime. Senators shall be it least twenty-five and Representatives at least twenty-one years of age.

Sec. 11. The first election for Senators and Representatives under the provisions of this Constitution shall be held on the fourteenth, fifteenth and sixteenth days of April of the present year, and the second election shall be held on the third l'ednes. day in October, eighteen hundred and seventy; and forever there. after on the same day in every second year, in such manner and at such places as the General Assembly may hereafter provide.

Sec. 12. The first session of the General Assenlily after the ratification of this Constitution shall be convened on the second Tuesday of May of the present year, in the city of Columbia, (which shall remain the seat of government until otherwise deter: mined by the concurrence of two-thirds of both branches of the whole representation), and thereafter on the fourth Tuesday in November annually. Should the casualties of war or contagious disease render it unsafe to meet at the seat of government, then the Governor may, by proclamation, appoint a more secure and convenient place of meeting.

Sec. 13. The terms of office of the Senators and Representatives chosen at a general election shall begin on the Monday following such election.

Sec. 14. 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 compel the attendance of absent members, in such manner and under such penalties as may be provided by law.

Sec. 15. Each house shall choose its own officers, determine its rules of proceeding, punish its members for disorderly behav. ior, and, with the concurrence of two-thirds, expel a member, but not a second time for the same cause.

Sec. 16. 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: Provided, That such time of imprisonment shall not in any case extend beyond the session of the General Assembly.

Sec. 17. 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.

Sec. 18. 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.

Sec. 19. The style of all laws shall be: “Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same.”

Sec. 20. Every act or resolution having the force of law shall relate to but one subject, and that shall be expressed in the title.

Sec. 21. 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 great 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.

Sec. 22. No money shall be drawn from the treasury but in pursuance of an appropriation made by law; and a regular statement and account of the receipts and expenditures of all public moneys shall be published annually, in such manner as may be by law directed.

Sec. 23. Each member of the first General Assembly under this Constitution shall receive six dollars per diem while in session, and the further sum of twenty cents for every mile of the ordinary route of travel in going to and returning from the place where such session is held, after which they shall receive such compensation as shall be fixed by law; but no General Assembly shall have the power to increase the compensation of its own members. And when convened in extra session they shall receive the same mileage and per diem compensation as are fixed by law for the regular session, and none other.

Sec. 24. 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 journal of the house to which they respectively belong.

Sec. 25. 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.

Sec. 26. Each house shall keep a journal of its own proceed. ings, and cause the same to be published immediately after its adjournment, excepting such parts as in its judgment may require secrecy; and the yeas and nays of the members of either house, on any question, shall, at the desire of any two members present, be entered on the journals. Any member of either house shall have liberty to dissent from, and protest against, any act or resolution which he may think injurious to the public or to an individual, and have the reasons of his dissent entered on the journals.

Sec. 27. The doors of each house shall be open, except on such occasions as in the opinion of the house may require secrecy.

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, magistrates, or justices of inferior courts, while such justices receive no salary. And if any member shall accept or exercise any of the said disqualifying offices, he shall vacate his seat: Provided, That this prohibition shall not extend to the members of the first General Assembly.

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.

Sec. 30. Members of the General Assembly, and all officers, before they enter upon the execution of the duties of their respective offices, and all members of the bar, before they enter upon the practice of their profession, shall take and subscribe the following oath:

“I do solemnly gwear (or affirm, as the case may be), that I am duly qualified, according to the Constitution of the United States and of this State, to exercise the duties of the office to which I have been elected (or appointed), and that I will faithfully discharge, to the best of my abilities, the duties thereof; that I recognize the supremacy of the Constitution and laws of the United States over the Constitution and laws of any State; and that I will support, protect and defend the Constitution of the United States, and the Constitution of South Carolina, as ratified by the people on the sixteenth day of April, 1868. So help me God.” (And the president of this convention is authorized to fill the blanks in this section whenever he shall receive satisfactory information of the day on which this Constitution shall be ratified.)

Sec. 31. Officers shall be removed for incapacity, misconduct or neglect of duty, in such manner as may be provided by law, when no mode of trial or removal is provided in this Constitution.

Sec. 32. The family homestead of the head of each family residing in this State, such homestead consists of dwelling house, out-buildings and lands appurtenant, not to exceed the value of one thousand dollars and yearly product thereof, shall be exempt from attachment, levy or sale on any mesne or final process issued from any court. To secure the full enjoyment of said honiestead exemption to the person entitled thereto, or to the head of any family, the personal property of such person, of the following character, to wit, household furniture, beds and bed. ding, family library, arms, carts, wagons, farming implements, tools, neat cattle, work animals, swine, goats and sheep, not to exceed in value, in the aggregate, the sum of five hundred dollars, shall be subject to like exemption as said homestead, and there shall be exempt, in addition thereto, all necessary wearing apparel: Provided, That no property shall be exempt from attachment, levy or sale for taxes or for payment of obligations contracted for the purchase of said homestead or the erection of improvements thereon: Provided, further, That the yearly products of said homestead shall not be exempt from attachment, levy or sale for the payment of obligations contracted in the production of the same. It shall be the duty of the General Assembly, at their first session, to enforce the provisions of this Section by suitable legislation.

Sec. 33. 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.

ARTICLE III.

Executive Department. Section 1. The supreme executive authority of this State shall be vested in a chief magistrate who shall be styled “The Governor of the State of South Carolina.”

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 two years, and until his successor shall be chosen and qualified, and shall be re-eligible. He shall be elected at the first general election held under this Constitution for members of the General Assembly and at each general election thereafter, and shall be installed during the first Session of the said General Assembly after his election, on such

« 上一頁繼續 »