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Francis Newton Thorpe, The Federal and State Constitutions, Vol. VI Porto Rico-Vermont [1909]

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Francis Newton Thorpe, The Federal and State Constitutions, Colonial Charters, and other Organic Laws of the States and Territories now or heretofore forming the United States of America, compiled and edited by Francis Newton Thorpe (Washington: Government Printing Office, 1909). Vol. VI Porto Rico-Vermont. http://oll.libertyfund.org/titles/2679

About this Title:

Thorpe was commissioned by the U.S. Congress to edit a 7 volume collection of Colonial, Federal and State constitutions in 1906. The volumes are in alphabetical order, with Volume 6 dealing with Porto Rico through Vermont.

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Table of Contents:

Edition: current; Page: [i]
THE FEDERAL AND STATE CONSTITUTIONS COLONIAL CHARTERS, AND OTHER ORGANIC LAWS of the STATES, TERRITORIES, AND COLONIES now or heretofore forming THE UNITED STATES OF AMERICA
Compiled and Edited under the Act of Congress of June 30, 1906 By FRANCIS NEWTON THORPE, Ph. D., LL. D.

Member of the Pennsylvania Bar; Fellow and Professor of American Constitutional History at the University of Pennsylvania, 1885-1898; Member of the American Historical Association; Author of The Constitutional History of the United States, 1765-1895; A (State) Constitutional History of the American People, 1776-1850; A Short Constitutional History of the United States; A (Social and Economic) History of the American People; A History of the Civil War; Editor of the History of North America, Volumes IX, XV, XVI, XVIII, XIX, XX; Author of The Government of the People of the United States; Benjamin Franklin and the University of Pennsylvania; The Life of William Pepper, etc.

VOL. VI
Porto Rico—Vermont
WASHINGTON
GOVERNMENT PRINTING OFFICE
1909.
Edition: current; Page: [ii] Edition: current; Page: [3191]

The Federal and State Constitutions
Colonial Charters, and other Organic Laws of the States, Territories, and Colonies, Volume VI

Organic Laws State, Territorial, and Colonial

PORTO RICO

For Treaty of Cession, 1898, see Philippines, p. 3153.

CIVIL GOVERNMENT OF PORTO RICO—1900

[Fifty-Sixth Congress, First Session]

An Act temporarily to provide revenues and a civil government for Porto Rico, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of this Act shall apply to the island of Porto Rico and to the adjacent islands and waters of the islands lying east of the seventy-fourth meridian of longitude west of Greenwich, which were ceded to the United States by the Government of Spain by treaty entered into on the tenth day of December, eighteen hundred and ninety-eight; and the name Porto Rico, as used in this Act, shall be held to include not only the island of that name, but all the adjacent islands as aforesaid.

Sec. 2. That on and after the passage of this Act the same tariffs, customs, and duties shall be levied, collected, and paid upon all articles imported into Porto Rico from ports other than those of the United States which are required by law to be collected upon articles imported into the United States from foreign countries: Provided, That on all coffee in the bean or ground imported into Porto Rico there shall be levied and collected a duty of five cents per pound, any law or part of law to the contrary notwithstanding: And provided further, That all Spanish scientific, literary, and artistic works, not subversive of public order in Porto Rico, shall be admitted free of duty into Porto Rico for a period of ten years, reckoning from the eleventh day of April, eighteen hundred and ninety-nine, as provided in said treaty of peace between the United States and Spain: And provided further, That all books and phamphlets printed in the English language shall be admitted into Porto Rico free of duty when imported from the United States.

Sec. 3. That on and after the passage of this Act all merchandise coming into the United States from Porto Rico and coming into Porto Rico from the United States shall be entered at the several ports of entry upon payment of fifteen per centum of the duties which are required to be levied, collected, and paid upon like articles of merchandise imported from foreign countries; and in addition thereto upon articles of merchandise of Porto Rican manufacture coming into the United States and withdrawn for consumption or sale upon Edition: current; Page: [3192] payment of a tax equal to the internal-revenue tax imposed in the United States upon the like articles of merchandise of domestic manufacture; such tax to be paid by internal-revenue stamp or stamps to be purchased and provided by the Commissioner of Internal Revenue and to be procured from the collector of internal revenue at or most convenient to the port of entry of said merchandise in the United States, and to be affixed under such regulations as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, shall prescribe; and on all articles of merchandise of United States manufacture coming into Porto Rico in addition to the duty above provided upon payment of a tax equal in rate and amount to the internal-revenue tax imposed in Porto Rico upon the like articles of Porto Rican manufacture: Provided, That on and after the date when this Act shall take effect, all merchandise and articles, except coffee, not dutiable under the tariff laws of the United States, and all merchandise and articles entered in Porto Rico free of duty under orders heretofore made by the Secretary of War, shall be admitted into the several ports thereof, when imported from the United States, free of duty, all laws or parts of laws to the contrary notwithstanding; and whenever the legislative assembly of Porto Rico shall have enacted and put into operation a system of local taxation to meet the necessities of the government of Porto Rico, by this Act established, and shall by resolution duly passed so notify the President, he shall make proclamation thereof, and thereupon all tariff duties on merchandise and articles going into Porto Rico from the United States or coming into the United States from Porto Rico shall cease, and from and after such date all such merchandise and articles shall be entered at the several ports of entry free of duty: and in no event shall any duties be collected after the first day of March, nineteen hundred and two, on merchandise and articles going into Porto Rico from the United States or coming into the United States from Porto Rico.

Sec. 4. That the duties and taxes collected in Porto Rico in pursuance of this Act, less the cost of collecting the same, and the gross amount of all collections of duties and taxes in the United States upon articles of merchandise coming from Porto Rico, shall not be covered into the general fund of the Treasury, but shall be held as a separate fund, and shall be placed at the disposal of the President to be used for the government and benefit of Porto Rico until the government of Porto Rico herein provided for shall have been organized, when all moneys theretofore collected under the provisions hereof, then unexpended, shall be transferred to the local treasury of Porto Rico, and the Secretary of the Treasury shall designate the several ports and subports of entry in Porto Rico and shall make such rules and regulations and appoint such agents as may be necessary to collect the duties and taxes authorized to be levied, collected, and paid in Porto Rico by the provisions of this Act, and he shall fix the compensation and provide for the payment thereof of all such officers, agents, and assistants as he may find it necessary to employ to carry out the provisions hereof: Provided, however, That as soon as a civil government for Porto Rico shall have been organized in accordance with the provisions of this Act and notice thereof shall have been Edition: current; Page: [3193] given to the President he shall make proclamation thereof, and thereafter all collections of duties and taxes in Porto Rico under the provisions of this Act shall be paid into the treasury of Porto Rico, to be expended as required by law for the government and benefit thereof instead of being paid into the Treasury of the United States.

Sec. 5. That on and after the day when this Act shall go into effect all goods, wares, and merchmandise previously imported from Porto Rico, for which no entry has been made, and all goods, wares, and merchandise previously entered without payment of duty and under bond for warehousing, transportation, or any other purpose, for which no permit of delivery to the importer or his agent has been issued, shall be subjected to the duties imposed by this Act, and to no other duty, upon the entry or the withdrawal threof: Provided, That when duties are based upon the weight of merchandise deposited in any public or private bonded warehouse said duties shall be levied and collected upon the weight of such merchandise at the time of its entry.

GENERAL PROVISIONS

Sec. 6. That the capital of Porto Rico shall be at the city of San Juan and the seat of government shall be maintained there.

Sec. 7. That all inhabitants continuing to reside therein who were Spanish subjects on the eleventh day of April, eighteen hundred and ninety-nine, and then resided in Porto Rico, and their children born subsequent thereto, shall be deemed and held to be citizens of Porto Rico, and as such entitled to the protection of the United States, except such as shall have elected to preserve their allegiance to the Crown of Spain on or before the eleventh day of April, nineteen hundred, in accordance with the provisions of the treaty of peace between the United States and Spain entered into on the eleventh day of April, eighteen hundred and ninety-nine; and they, together with such citizens of the United States as may reside in Porto Rico, shall constitute a body politic under the name of The People of Porto Rico, with governmental powers as hereinafter conferred, and with power to sue and be sued as such.

Sec. 8. That the laws and ordinances of Porto Rico now in force shall continue in full force and effect, except as altered, amended, or modified hereinafter, or as altered or modified by military orders and decrees in force when this Act shall take effect, and so far as the same are not inconsistent or in conflict with the statutory laws of the United States not locally inapplicable, or the provisions hereof, until altered, amended, or repealed by the legislative authority hereinafter provided for Porto Rico or by Act of Congress of the United States: Provided, That so much of the law which was in force at the time of cession, April eleventh, eighteen hundred and ninety-nine, forbidding the marriage of priests, ministers, or followers of any faith because of vows they may have taken, being paragraph four, article eighty-three, chapter three, civil code, and which was continued by the order of the secretary of justice of Porto Rico, dated March seventeenth, eighteen hundred and ninety-nine, and promulgated by Major-General Guy V. Henry, United States Volunteers, is hereby repealed and annulled, and all persons lawfully married in Porto Rico shall have Edition: current; Page: [3194] all the rights and remedies conferred by law upon parties to either civil or religious marriages: And provided further, That paragraph one, article one hundred and five, section four, divorce, civil code, and paragraph two, section nineteen, of the order of the minister of justice of Porto Rico, dated March seventeenth, eighteen hundred and ninety-nine, and promulgated by Major-General Guy V. Henry, United States Volunteers, be, and the same hereby are, so amended as to read: “Adultery on the part of either the husband or the wife.”

Sec. 9. That the Commissioner of Navigation shall make such regulations, subject to the approval of the Secretary of the Treasury, as he may deem expedient for the nationalization of all vessels owned by the inhabitants of Porto Rico on the eleventh day of April, eighteen hundred and ninety-nine, and which continued to be so owned up to the date of such nationalization, and for the admission of the same to all the benefits of the coasting trade of the United States; and the coasting trade between Porto Rico and the United States shall be regulated in accordance with the provisions of law applicable to such trade between any two great coasting districts of the United States.

Sec. 10. That quarantine stations shall be established at such places in Porto Rico as the Supervising Surgeon-General of the Marine-Hospital Service of the United States shall direct, and the quarantine regulations relating to the importation of diseases from other countries shall be under the control of the Government of the United States.

Sec. 11. That for the purpose of retiring the Porto Rican coins now in circulation in Porto Rico and substituting therefor the coins of the United States, the Secretary of the Treasury is hereby authorized to redeem, on presentation in Porto Rico, all the silver coins of Porto Rico known as the peso and all other silver and copper Porto Rican coins now in circulation in Porto Rico, not including any such coins that may be imported into Porto Rico after the first day of February, nineteen hundred, at the present established rate of sixty cents in the coins of the United States for one peso of Porto Rican coin, and for all minor or subsidiary coins the same rate of exchange shall be applied. The Porto Rican coins so purchased or redeemed shall be recoined at the expense of the United States, under the direction of the Secretary of the Treasury, into such coins of the United States now authorized by law as he may direct, and from and after three months after the date when this Act shall take effect no coins shall be a legal tender, in payment of debts thereafter contracted, for any amount in Porto Rico, except those of the United States; and whatever sum may be required to carry out the provisions hereof, and to pay all expenses that may be incurred in connection therewith, is hereby appropriated, and the Secretary of the Treasury is hereby authorized to establish such regulations and employ such agencies as may be necessary to accomplish the purposes hereof: Provided, however, That all debts owing on the date when this Act shall take effect shall be payable in the coins of Porto Rico now in circulation, or in the coins of the United States at the rate of exchange above named.

Sec. 12. That all expenses that may be incurred on account of the government of Porto Rico for salaries of officials and the conduct of their offices and departments, and all expenses and obligations contracted for the internal improvement or development of the island, Edition: current; Page: [3195] not, however, including defenses, barracks, harbors, light-houses, buoys, and other works undertaken by the United States, shall be paid by the treasurer of Porto Rico out of the revenues in his custody.

Sec. 13. That all property which may have been acquired in Porto Rico by the United States under the cession of Spain in said treaty of peace in any public bridges, road houses, water powers, highways, unnavigable streams, and the beds thereof, subterranean waters, mines, or minerals under the surface of private lands, and all property which at the time of the cession belonged, under the laws of Spain then in force, to the various harbor-works boards of Porto Rico, and all the harbor shores, docks, slips, and reclaimed lands, but not including harbor areas or navigable waters, is hereby placed under the control of the government established by this Act to be administered for the benefit of the people of Porto Rico; and the legislative assembly hereby created shall have authority, subject to the limitations imposed upon all its acts, to legislate with respect to all such matters as it may deem advisable.

Sec. 14. That the statutory laws of the United States not locally inapplicable, except as hereinbefore or hereinafter otherwise provided, shall have the same force and effect in Porto Rico as in the United States, except the internal-revenue laws, which, in view of the provisions of section three, shall not have force and effect in Porto Rico.

Sec. 15. That the legislative authority hereinafter provided shall have power by due enactment to amend, alter, modify, or repeal any law or ordinance, civil or criminal, continued in force by this Act, as it may from time to time see fit.

Sec. 16. That all judicial process shall run in the name of “United States of America, ss: the President of the United States,” and all criminal or penal prosecutions in the local courts shall be conducted in the name and by the authority of “The people of Porto Rico;” and all officials authorized by this Act shall before entering upon the duties of their respective offices take an oath to support the Constitution of the United States and the laws of Porto Rico.

THE GOVERNOR

Sec. 17. That the official title of the chief executive officer shall be “The Governor of Porto Rico.” He shall be appointed by the President, by and with the advice and consent of the Senate: he shall hold his office for a term of four years and until his successor is chosen and qualified unless sooner removed by the President; he shall reside in Porto Rico during his official incumbency, and shall maintain his office at the seat of government; he may grant pardons and reprieves, and remit fines and forfeitures for offenses against the laws of Porto Rico, and respites for offenses against the laws of the United States, until the decision of the President can be ascertained; he shall commission all officers that he may be authorized to appoint, and may veto any legislation enacted, as hereinafter provided; he shall be the commander in chief of the militia, and shall at all times faithfully execute the laws, and he shall in that behalf have all the powers of governors of the Territories of the United States that are not locally inapplicable; and he shall annually, and at such other times as he may be Edition: current; Page: [3196] required, make official report of the transactions of the government in Porto Rico, through the Secretary of State, to the President of the United States: Provided, That the President may, in his discretion, delegate and assign to him such executive duties and functions as may in pursuance with law be so delegated and assigned.

THE EXECUTIVE COUNCIL

Sec. 18. That there shall be appointed by the President, by and with the advice and consent of the Senate, for the period of four years, unless sooner removed by the President, a secretary, an attorney-general, a treasurer, and auditor, a commissioner of the interior, and a commissioner of education, each of whom shall reside in Porto Rico during his official incumbency and have the powers and duties hereinafter provided for them, respectively, and who, together with five other persons of good repute, to be also appointed by the President for a like term of four years, by and with the advice and consent of the Senate, shall constitute an executive council, at least five of whom shall be native inhabitants of Porto Rico, and, in addition to the legislative duties hereinafter imposed upon them as a body, shall exercise such powers and perform such duties as are hereinafter provided for them, respectively, and who shall have power to employ all necessary deputies and assistants for the proper discharge of their duties as such officials and as such executive council.

Sec. 19. That the secretary shall record and preserve minutes of the proceedings of the executive council and the laws enacted by the legislative assembly and all acts and proceedings of the governor, and shall promulgate all proclamations and orders of the governor and all laws enacted by the legislative assembly. He shall, within sixty days after the end of each session of the legislative assembly, transmit to the President, the President of the Senate, the Speaker of the House of Representatives, and the Secretary of State of the United States one copy each of the laws and journals of such session.

Sec. 20. That in case of the death, removal, resignation, or disability of the governor, or his temporary absence from Porto Rico, the secretary shall exercise all the powers and perform all the duties of the governor during such vacancy, disability, or absence.

Sec. 21. That the attorney-general shall have all the powers and discharge all the duties provided by law for an attorney of a Territory of the United States in so far as the same are not locally inapplicable, and he shall perform such other duties as may be prescribed by law, and make such reports, through the governor, to the Attorney-General of the United States as he may require, which shall annually be transmitted to Congress.

Sec. 22. That the treasurer shall give bond, approved as to form by the attorney-general of Porto Rico, in such sum as the executive council may require, not less, however, than the sum of one hundred thousand dollars, with surety approved by the governor, and he shall collect and be the custodian of the public funds, and shall disburse the same when appropriated by law, on warrants signed by the auditor and countersigned by the governor, and shall perform such other duties as may be prescribed by law, and make, through the governor, such reports to the Secretary of the Treasury of the United States as he may require, which shall annually be transmitted to Congress.

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Sec. 23. That the auditor shall keep full and accurate accounts, showing all receipts and disbursements, and perform such other duties as may be prescribed by law, and make, through the governor, such reports to the Secretary of the Treasury of the United States as he may require, which shall annually be transmitted to Congress.

Sec. 24. That the commissioner of the interior shall superintend all works of a public nature, and shall have charge of all public buildings, grounds, and lands, except those belonging to the United States, and shall execute such requirements as may be imposed by law with respect thereto, and shall perform such other duties as may be prescribed by law, and make such reports through the governor to the Secretary of the Interior of the United States as he may require, which shall annually be transmitted to Congress.

Sec. 25. That the commissioner of education shall superintend public instruction throughout Porto Rico, and all disbursements on account thereof must be approved by him; and he shall perform such other duties as may be prescribed by law, and make such reports through the governor as may be required by the Commissioner of Education of the United States, which shall annually be transmitted to Congress.

Sec. 26. That the other five members of the executive council, to be appointed as hereinbefore provided, shall attend all meetings of the executive council and participate in all business of every character that may be transacted by it; and they shall receive as compensation for their services such annual salaries as may be provided by the legislative assembly.

HOUSE OF DELEGATES

Sec. 27. That all local legislative powers hereby granted shall be vested in a legislative assembly which shall consist of two houses; one the executive council, as hereinbefore constituted, and the other a house of delegates, to consist of thirty-five members elected biennially by the qualified voters as hereinafter provided; and the two houses thus constituted shall be designated “The legislative assembly of Porto Rico.”

Sec. 28. That for the purposes of such elections Porto Rico shall be divided by the executive council into seven districts, composed of contiguous territory and as nearly equal as may be in population, and each district shall be entitled to five members of the house of delegates.

ELECTION OF DELEGATES

Sec. 29. That the first election for delegates shall be held on such date and under such regulations as to ballots and voting as the executive council may prescribe; and at such elections the voters of each legislative district shall choose five delegates to represent them in the house of delegates from the date of their election and qualification until two years from and after the first day of January next ensuing; of all which thirty days’ notice shall be given by publication in the Official Gazette, or by printed notices distributed and posted throughout the district, or by both, as the executive council Edition: current; Page: [3198] may prescribe. At such elections all citizens of Porto Rico shall be allowed to vote who have been bona fide residents for one year and who possess the other qualifications of voters under the laws and military orders in force on the first day of March, nineteen hundred, subject to such modifications and additional qualifications and such regulations and restrictions as to registration as may be prescribed by the executive council. The house of delegates so chosen shall convene at the capital and organize by the election of a speaker, a clerk, a sergeant-at-arms, and such other officers and assistants as it may require, at such time as may be designated by the executive council; but it shall not continue in session longer than sixty days in any one year, unless called by the governor to meet in extraordinary session. The enacting clause of the laws shall be, “Be it enacted by the legislative assembly of Porto Rico;” and each member of the house of delegates shall be paid for his services at the rate of five dollars per day for each day’s attendance while the house is in session, and mileage at the rate of ten cents per mile for each mile necessarily traveled each way to and from each session of the legislative assembly.

All future elections of delegates shall be governed by the provisions hereof, so far as they are applicable, until the legislative assembly shall otherwise provide.

Sec. 30. That the house of delegates shall be the sole judge of the elections, returns, and qualifications of its members, and shall have and exercise all the powers with respect to the conduct of its proceedings that usually appertain to parliamentary legislative bodies. No person shall be eligible to membership in the house of delegates who is not twenty-five years of age and able to read and write either the Spanish or the English language, or who is not possessed in his own right of taxable property, real or personal, situated in Porto Rico.

Sec. 31. That all bills may originate in either house, but no bill shall become a law unless it be passed in each house by a majority vote of all the members belonging to such house and be approved by the governor within ten days thereafter. If, when a bill that has been passed is presented to the governor for signature, he approves the same, he shall sign it, or if not he shall return it, with his objections, to that house in which it originated, which house shall enter his objections at large on its journal, and proceed to reconsider the bill. If, after such reconsideration, two-thirds 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 considered, and if approved by two-thirds of that 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 upon the journal of each house, respectively. If any bill shall not be returned by the governor within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the legislative assembly by adjournment prevent its return, in which case it shall not be a law: Provided, however, That all laws enacted by the legislative assembly shall be reported to the Congress of the United States, which hereby reserves the power and authority, if deemed advisable, to annul the same.

Edition: current; Page: [3199]

Sec. 32. That the legislative authority herein provided shall extend to all matters of a legislative character not locally inapplicable, including power to create, consoldiate, and reorganize the municipalities, so far as may be necessary, and to provide and repeal laws and ordinances therefor; and also the power to alter, amend, modify, and repeal any and all laws and ordinances of every character now in force in Porto Rico, or any municipality or district thereof, not inconsistent with the provisions hereof: Provided, however, That all grants of franchises, rights, and privileges or concessions of a public or quasi-public nature shall be made by the executive council, with the approval of the governor, and all franchises granted in Porto Rico shall be reported to Congress, which hereby reserves the power to annul or modify the same.

THE JUDICIARY

Sec. 33. That the judicial power shall be vested in the courts and tribunals of Porto Rico as already established and now in operation, including municipal courts, under and by virtue of General Orders, Numbered One hundred and eighteen, as promulgated by Brigadier-General Davis, United States Volunteers, August sixteenth, eighteen hundred and ninety-nine, and including also the police courts established by General Orders, Numbered One hundred and ninety-five, promulgated November twenty-ninth, eighteen hundred and ninety-nine, by Brigadier-General Davis, United States Volunteers, and the laws and ordinances of Porto Rico and the municipalities thereof in force, so far as the same are not in conflict herewith, all which courts and tribunals are hereby continued. The jurisdiction of said courts and the form of procedure in them, and the various officials and attachés thereof, respectively, shall be the same as defined and prescribed in and by said laws and ordinances, and said General Orders, Numbered One hundred and eighteen and One hundred and ninety-five, until otherwise provided by law: Provided, however, That the chief justice and associate justices of the supreme court and the marshal thereof shall be appointed by the President, by and with the advice and consent of the Senate, and the judges of the district courts shall be appointed by the governor, by and with the advice and consent of the executive council, and all other officials and attachés of all the other courts shall be chosen as may be directed by the legislative assembly, which shall have authority to legislate from time to time as it may see fit with respect to said courts, and any others they may deem it advisable to establish, their organization, the number of judges and officials and attachés for each, their jurisdiction, their procedure, and all other matters affecting them.

Sec. 34. That Porto Rico shall constitute a judicial district to be called “the district of Porto Rico.” The President, by and with the advice and consent of the Senate, shall appoint a district judge, a district attorney, and a marshal for said district, each for a term of four years, unless sooner removed by the President. The district court for said district shall be called the district court of the United States for Porto Rico and shall have power to appoint all necessary officials and assistants, including a clerk, an interpreter, and such commissioners as may be necessary, who shall have like power and duties as are exercised and performed by commissioners of the circuit courts of the Edition: current; Page: [3200] United States, and shall have, in addition to the ordinary jurisdiction of district courts of the United States, jurisdiction of all cases cognizant in the circuit courts of the United States, and shall proceed therein in the same manner as a circuit court. The laws of the United States relating to appeals, writs of error and certiorari, removal of causes, and other matters and proceedings as between the courts of the United States and the courts of the several States shall govern in such matters and proceedings as between the district court of the United States and the courts of Porto Rico. Regular terms of said court shall be held at San Juan, commencing on the second Monday in April and October of each year, and also at Ponce on the second Monday in January of each year, and special terms may be held at Mayaguez at such other stated times as said judge may deem expedient. All pleadings and proceedings in said court shall be conducted in the English language.

The United States district court hereby established shall be the successor to the United States provisional court established by General Orders, Numbered Eighty-eight, promulgated by Brigadier-General Davis, United States Volunteers, and shall take possession of all records of that court, and take jurisdiction of all cases and proceedings pending therein, and said United States provisional court is hereby discontinued.

Sec. 35. That writs of error and appeals from the final decisions of the supreme court of Porto Rico and the district court of the United States shall be allowed and may be taken to the Supreme Court of the United States in the same manner and under the same regulations and in the same cases as from the supreme courts of the Territories of the United States; and such writs of error and appeal shall be allowed in all cases where the Constitution of the United States, or a treaty thereof, or an Act of Congress is brought in question and the right claimed thereunder is denied; and the supreme and district courts of Porto Rico and the respective judges thereof may grant writs of habeas corpus in all cases in which the same are grantable by the judges of the district and circuit courts of the United States. All such proceedings in the Supreme Court of the United States shall be conducted in the English language.

Sec. 36. That the salaries of all officials of Porto Rico not appointed by the President, including deputies, assistants, and other help, shall be such, and be so paid out of the revenues of Porto Rico, as the executive council shall from time to time determine: Provided, however, That the salary of no officer shall be either increased or diminished during his term of office. The salaries of all officers and all expenses of the offices of the various officials of Porto Rico, appointed as herein provided by the President, including deputies, assistants, and other help, shall also be paid out of the revenues of Porto Rico on the warrant of the auditor, countersigned by the governor.

The annual salaries of the officials appointed by the President, and so to be paid, shall be as follows:

The governor, eight thousand dollars; in addition thereto he shall be entitled to the occupancy of the buildings heretofore used by the chief executive of Porto Rico, with the furniture and effects therein, free of rental.

  • The secretary, four thousand dollars. Edition: current; Page: [3201]
  • The attorney-general, four thousand dollars.
  • The treasurer, five thousand dollars.
  • The auditor, four thousand dollars.
  • The commissioner of the interior, four thousand dollars.
  • The commissioner of education, three thousand dollars.
  • The chief justice of the supreme court, five thousand dollars.
  • The associate justices of the supreme court (each), four thousand five hundred dollars.
  • The marshal of the supreme court, three thousand dollars.
  • The United States district judge, five thousand dollars.
  • The United States district attorney, four thousand dollars.
  • The United States district marshal, three thousand five hundred dollars.

Sec. 37. That the provisions of the foregoing section shall not apply to the municipal officials. Their salaries and the compensation of their deputies, assistants, and other help, as well as all other expenses incurred by the municipalities, shall be paid out of the municipal revenues in such manner as the legislative assembly shall provide.

Sec. 38. That no export duties shall be levied or collected on exports from Porto Rico; but taxes and assessments on property, and license fees for franchises, privileges, and concessions may be imposed for the purposes of the insular and municipal governments, respectively, as may be provided and defined by act of the legislative assembly; and where necessary to anticipate taxes and revenues, bonds and other obligations may be issued by Porto Rico or any municipal government therein as may be provided by law to provide for expenditures authorized by law, and to protect the public credit, and to reimburse the United States for any moneys which have been or may be expended out of the emergency fund of the War Department for the relief of the industrial conditions of Porto Rico caused by the hurricane of August eighth, eighteen hundred and ninety-nine: Provided, however, That no public indebtedness of Porto Rico or of any municipality thereof shall be authorized or allowed in excess of seven per centum of the aggregate tax valuation of its property.

Sec. 39. That the qualified voters of Porto Rico shall, on the first Tuesday after the first Monday of November, anno Domini nineteen hundred, and every two years thereafter, choose a resident commissioner to the United States, who shall be entitled to official recognition as such by all Departments, upon presentation to the Department of State of a certificate of election of the governor of Porto Rico, and who shall be entitled to a salary, payable monthly by the United States, at the rate of five thousand dollars per annum: Provided, That no person shall be eligible to such election who is not a bona fide citizen of Porto Rico, who is not thirty years of age, and who does not read and write the English language.

Sec. 40. That a commission, to consist of three members, at least one of whom shall be a native citizen of Porto Rico, shall be appointed by the President, by and with the advice and consent of the Senate, to compile and revise the laws of Porto Rico; also the various codes of procedure and systems of municipal government now in force, and to frame and report such legislation as may be necessary to make a simple, harmonious, and economical government, establish Edition: current; Page: [3202] justice and secure its prompt and efficient administration, inaugurate a general system of education and public instruction, provide buildings and funds therefor, equalize and simplify taxation and all the methods of raising revenue, and make all other provisions that may be necessary to secure and extend the benefits of a republican form of government to all the inhabitants of Porto Rico; and all the expenses of such commissioners, including all necessary clerks and other assistants that they may employ, and a salary to each member of the commission at the rate of five thousand dollars per annum, shall be allowed and paid out of the treasury of Porto Rico as a part of the expenses of the government of Porto Rico. And said commission shall make full and final report, in both the English and Spanish languages, of all its revisions, compilations, and recommendations, with explanatory notes as to the changes and the reasons therefor, to the Congress on or before one year after the passage of this Act.

Sec. 41. That this Act shall take effect and be in force from and after the first day of May, nineteen hundred.

TEMPORARY PROVISION FOR CIVIL AFFAIRS IN PORTO RICO—1900

[Fifty-sixth Congress, First Session]

[No. 23.] Joint Resolution to provide for the administration of civil affairs in Porto Rico pending the appointment and qualification of the civil officers provided for in the Act approved April twelfth, nineteen hundred, entitled, “An Act temporarily to provide revenues and a civil government for Porto Rico, and for other purposes.”

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That until the officer to fill any office provided for by the Act of April twelfth, nineteen hundred, entitled “An Act temporarily to provide revenues and a civil government for Porto Rico, and for other purposes,” shall have been appointed and qualified, the officer or officers now performing the civil duties pertaining to such office may continue to perform the same under the authority of said Act; and no officer of the Army shall lose his commission by reason thereof: Provided, That nothing herein contained shall be held to extend the time for the appointment and qualification of any such officers beyond the first day of August, nineteen hundred.

Sec. 2. That all railroad, street railway, telegraph and telephone franchises, privileges or concessions granted under section thirty-two of said Act shall be approved by the President of the United States, and no such franchise, privilege, or concession shall be operative until it shall have been so approved.

Sec. 3. That all franchises, privileges or concessions granted under section thirty-two of said Act shall provide that the same shall be subject to amendment, alteration, or repeal; shall forbid the issue of stock or bonds, except in exchange for actual cash, or property at a fair valuation, equal in amount to the par value of the stock or bonds issued; shall forbid the declaring of stock or bond dividends; and, in Edition: current; Page: [3203] the case of public-service corporations, shall provide for the effective regulation of the charges thereof and for the purchase or taking by the public authorities of their property at a fair and reasonable valuation. No corporation shall be authorized to conduct the business of buying and selling real estate or be permitted to hold or own real estate except such as may be reasonably necessary to enable it to carry out the purposes for which it was created, and every corporation hereafter authorized to engage in agriculture shall by its charter be restricted to the ownership and control of not to exceed five hundred acres of land; and this provision shall be held to prevent any member of a corporation engaged in agriculture from being in any wise interested in any other corporation engaged in agriculture. Corporations, however, may loan funds upon real estate security, and purchase real estate when necessary for the collection of loans, but they shall dispose of real estate so obtained within five years after receiving the title. Corporations not organized in Porto Rico, and doing business therein, shall be bound by the provisions of this section so far as they are applicable.

Edition: current; Page: [3204] Edition: current; Page: [3205]

RHODE ISLANDa

For organic acts relating to the land now included within Rhode Island see in other parts of this work:

Charter of Virginia, 1606 (Virginia, p. 3783).
Council for New England, 1620 (Massachusetts, p. 1827).
Commission of Andros, 1688 (Massachusetts, p. 1863).

PLANTATION AGREEMENT AT PROVIDENCE—AUGUST 27-SEPTEMBER 6, 1640b

Wee, Robert Coles, Chad Browne, William Harris, and John Warner, being freely chosen by the consent of our loving friends and neighbors the Inhabitants of this Towne of Providence, having many differences amongst us, they being freely willing and also bound themselves to stand to our Arbitration in all differences amongst us to rest contented in our determination, being so betrusted we have seriously and carefully indeavoured to weigh and consider all those differences, being desirous to bringe to unity and peace, although our abilities are farr short in the due examination of such weighty things, yet so farre as we conceive in laying all things together we have gone the fairest and the equallest way to produce our peace.

1. Agreed, We have with one consent agreed that in the parting those particular properties which some of our friends and neighbors have in Patuxit, from the general Common of our towne of Providence, to run uppon a streight line from a fresh spring being in the Gulley, at the head of that cove running by that point of land called Saxafras unto the towne of Mashipawog, to an oake tree standing neere unto the corn field, being at this time the nearest corn field unto Patuxit, the oake tree having four marks with an axe, till some other land marke be set for a certaine bound. Also, we agree that if any meadow ground lyeing and joineing to that Meadow, that borders uppon the River of Patuxit come within the aforesaid line, which will not come within a streight line from long Cove to the marked tree, then for that meadow to belong to Pawtuxit, and so beyond the towne of Mashipawog from the oake tree between the two fresh Rivers Pawtuxit and Wanasquatucket of an even Distance.

Edition: current; Page: [3206]

2. Agreed. We have with one consent agreed that for the disposeing, of those lands that shall be disposed belonging to this towne of Providence to be in the whole Inhabitants by the choise of five men for generall disposeall, to betrusted with disposeall of lands and also of the towne Stocke, and all Generall things and not to receive in any six dayes at townesmen, but first to give the Inhabitants notice to consider if any have just cause to shew against the receiving of him as you can apprehend, and to receive none but such as subscribe to this our determination. Also, we agree that if any of our neighbours doe apprehend himselfe wronged by these or any of these 5 disposers, that at the Generall towne meeting he may have a tryall.

Also wee agree for the towne to choose beside the other five men one or more to keepe Record of all things belonging to the towne and lying in Common,

Wee agree, as formerly hath bin the liberties of the town, so still, to hould forth liberty of Conscience.

III. Agreed, that after many Considerations and Consultations of our owne State and alsoe of States abroad in way of government, we apprehend, no way so suitable to our Condition as government by way of Arbitration. But if men agree themselves by arbitration, no State we know of disallows that, neither doe we: But if men refuse that which is but common humanity betweene man and man, then to compel such unreasonable persons to a reasonable way, we agree that the 5 disposers shall have power to compel him to choose two men himselfe, or if he refuse, for them to choose two men to arbitrate his cause, and if these foure men chosen by every partie do end the cause, then to see theire determination performed and the faultive to pay the Arbitrators for theire time spent in it: But if these foure men doe not end it, then for the 5 disposers to choose three men to put an end to it, and for the certainty thereof, wee agree the major part of the 5 disposers to choose the 3 men, and the major part of the 3 men to end the cause haveing power from the 5 disposers by a note under theire hand to performe it, and the faultive not agreeing in the first to pay the charge of the last, and for the Arbitrators to follow no imployment til the cause be ended without consent of the whole that have to doe with the cause.

Instance. In the first Arbitration the offendor may offer reasonable terms of peace, and the offended may exact upon him and refuse and trouble men beyond reasonable satisfaction; so for the last arbitrators to judge where the fault was, in not agreeing in the first, to pay the charge of the last.

IV. Agreed, that if any person damnify any man, either in goods of good name, and the person offended follow not the cause uppon the offendor, that if any person give notice to the 5 Disposers, they shall call the party delinquent to answer by Arbitration.

Instance, Thus, if any person abuse an other person or goods, may be for peace sake, a man will at present put it up, and it may so be resolve to revenge: therefore, for the peace of the state, the disposers are to look to it in the first place.

V. Agreed, for all the whole Inhabitants to combine ourselves to assist any man in the pursuit of any party delinquent, with all best endeavours to attack him: but if any man raise a hubbub, and there Edition: current; Page: [3207] be no just cause, then for the party that raised the hubbub to satisfy men for their time lost in it.

VI. Agreed, that if any man have a difference with any of the 5 Disposers which cannot be deferred till general meeting of the towne, then he may have the Clerk call the towne together at his [discretion] for a tryall.

Instance. It may be, a man may be to depart the land, or to a farr parte of the land; or his estate may lye uppon a speedy tryall or the like case may fall out.

VII. Agreed, that the towne, by the five men shall give every man a deed of all his lands lying within the bounds of the Plantations, to hould it by for after ages.

VIII. Agreed, that the 5 disposers shall from the date hereof, meete every month-day uppon General things and at the quarter-day to yeeld a new choise and give up their old Accounts.

IX. Agreed, that the Clerke shall call the 5 Disposers together at the month-day, and the generall towne together every quarter, to meete uppon general occasions from the date hereof.

X. Agreed, that the Clerke is to receive for every cause that comes to the towne for a tryall 4d. for making each deed 12d. and to give up the booke to the towne at the yeeres’ end and yeeld to a new choice.

XI. Agreed, that all acts of disposall on both sides to stand since the difference.

XII. Agreed, that every man that hath not paid in his purchase money for his Plantation shall make up his 10s. to be 30s. equal with the first purchasers: and for all that are received townsmen hereafter, to pay the like summe of money to the towne stocke.

These being those things wee have generally concluded on, for our peace, we desireing our loving friends to receive as our absolute determination, laying ourselves downe as subjects to it.

[Thirty-nine signatures follow.]

GOVERNMENT OF RHODE ISLAND—MARCH 16-19, 1641a

The Generall Court of Election began and held at Portsmouth, from the 16th of March, to the 19th of the same mo., 1641.

1. It was ordered and agreed, before the Election, that an Ingagement by oath should be taken of all the officers of this Body now to be elected, as likewise for the time to come; the ingagement which the severall officers of the State shall give is this: To the Execution of this office, I Judge myself bound before God to walk faithfully and this I profess in ye presence of God.

2. [Minute of officers elected.]

3. It is ordered and unanimously agreed upon, that the Government which this Bodie Politick doth attend unto in this Island, and the Jurisdiction thereof, in favour of our Prince is a democracie, or Popular Government; that is to say, It is in the Powre of the Body of Freemen orderly assembled, or the major part of them, to make or constitute Just Lawes, by which they will be regulated, and to depute Edition: current; Page: [3208] from among themselves such Ministers as shall see them faithfully executed between Man and Man.

4. It was further ordered, by the authority of this present Courte, that none bee accounted a Delinquent for Doctrine: Provided, it be not directly repugnant to ye Government or Lawes established.

5. [Bounty on foxes.]

6. [Regulation in regard to the killing of deer.]

7. It is ordered from henceforth, that the Quarter Session Courts shall always be kept the first, the first Tuesday in March; the second, the first Tuesday in June; the third, the first Tuesday in September; the last, the first Tuesday in December.

8. It is ordered, that Eight Guns and their furniture with two corsletts, now in the hands of Mr. Willbore, shall be taken off by the Treasurie Jointlie, as part of satisfaction for what debts from him is now dew thereto: and that the said Armes be equally divided to each Towne.

9. It is ordered, that the Deputie Governor and Mr. Willbore, and Mr. Cogshall, and Mr. Jeremy Clarke, shall be joyned in commission with the Two Treasurers that now bee, to examine the Treasurie, and to even the accounts, and then to present them so rectified to the next Generall Court; and what oneveness there is found to bee, the one Treasurer shall make payment to the other Treasurer within twentie dayes after the period of their commission: the limits which are set for the performance of this, shall be three weeks from the date hereof.

10. It is ordered, that Mr. Porter, Mr. Balston, Mr. Easton, and Mr. Jeoffreys shall runn the line between the two Towns within twentie days after the date hereof, or else shall forfeit a Mark a peece; and performing it within the (time or) tearme they shall have a Mark a peece for their Labour.

11. It is ordered, that each Towne shall provide a Towne Book, wherein they shall Record the Evidences of the Lands by them impropriated; and shall also have Powre to give forth a Coppie thereof, which shall be a clear evidence for them and theirs, to whom it is so granted.

12. It is ordered, that the Officers of Justices of the Peace is confirmed to the Magistrates.

13. It is ordered, that no Fiers shall be kindled by any whatsoever to runn at Randome, eyther in Meadows or Woods; but what by him that so kindled it shall forthwith be put out, that it damnifie none. And that if damage shall accrew, satisfaction to the utmost shall be awarded.

14. It is ordered, that a Booke shall be provided, wherein the Secretary shall write all such Lawes and Acts, as are made and constituted by the Body, to be left alway in that Towne where the said Secretary is not resident; and also that copies of such Acts as shall be made now or hereafter, at the Generall Courts concerning necessary uses and ordinances to be observed, shall be fixed upon some public place where all men may see and take notice of them; or that coppies thereof be given to the Clerks of the Band, who shall read them at the head of the Companie.

15. It is ordered, that a Manual Seale shall be provided for the State, and thatt the Signett or Engraving thereof, shall be a sheafe Edition: current; Page: [3209] of Arrows bound up, and in the Liess or Bond, this motto indented: Amor vincet omnia.

16. It is ordered, that Ingagement shall be taken by the Justices of the Peace in their Quarter Sessions of all men or youth above fifteen years of age, eyther by the oath of Fidelity, or some other strong cognizance.

17. It is ordered, that a Line be drawen and a way be cleared between the Townes of Nuport and Portsmouth, by removing of the wood and mowing it; that drift Cattle may sufficiently pass; and for the performance thereof, Capt. Morris, of the one Towne, and Mr. Jeoffreys of the other, are appointed to draw the Line, and to be paid therefor, and the Townes to perform the rest.

18. It is ordered, that the Traine Bands shall choose among the Freemen, one or more such as shall be for their commanders, and present them to the Towne. The Major vote of the Towne, by the authority of this Court, shall have the negative voise for the Establishment of them, and shall order their Power till the next Generall Courte.

19. It is ordered, that the major part of the Courts, being lawfully assembled at the place and houre appointed, shall have full Powre to transact the business that shall be Presented: Provided, it be the Major part of the Body entire, if it be the Generall Court (present) or the Major part of the Magistrates, with the Jury in the inferior Courts; and that such acts concluded and issued be of as full authority as if there were all present. Provided, there be due and seasonable notice given of every such Court.

PATENT FOR PROVIDENCE PLANTATIONS—1643*

Whereas by an Ordinance of the Lords and Commons, now assembled in Parliament, bearing Date the Second Day of November, Anno Domini 1643, Robert Earl of Warwick, is constituted, and ordained Governor in Chief, and Lord High Admiral of all those Islands and other Plantations inhabited or planted by, or belonging to any His Majesty the King of England’s subjects, (or which hereafter may be inhabited and planted by, or belonging to them,) within the Bounds, and upon the Coasts of America. And whereas the said Lords have thought fit, and thereby ordained, that Philip Earl of Pembroke, Edward Earl of Manchester, William Viscount Say and Seal, Philip Lord Wharton, John Lord Rolle, Members of the House of Peers. Sir Gilbert Gerrard, Baronet, Sir Arthur Haslerig, Baronet, Sir Henry Vane, jun. Knight, Sir Benjamin Rudyard, Knight, John Pim, Oliver Cromwell, Dennis Bond, Miles Corbet, Cornelius Holland, Samuel Vassal, John Rolle, and William Spurstow, Esqrs, Members of the House of Commons, should be Commissioners, to join in Aid and Assistance with the said Earl. And whereas for the better Government and Defence, it is thereby ordained, that the aforesaid Governor and Commissioners, or the greater Number of them, shall have Power and Authority from Time to Time to nominate, appoint, Edition: current; Page: [3210] and constitute all such subordinate Governors, Counsellors, Commanders, Officers, and Agents, as they shall judge to be best affected, and most fit and serviceable for the said Islands and Plantations; and to provide for, order and dispose all Things, which they shall, from Time to Time, find most advantageous for the said Plantations; and for the better Security of the Owners and Inhabitants thereof, to assign, ratify, and confirm, so much of their afore-mentioned Authority and Power, and in such Manner, and to such Persons as they shall judge to be fit for the better governing and preserving of the said Plantations and Islands, from open Violences and Private Disturbances and Distractions. And whereas there is a Tract of Land in the Continent of America aforesaid, called by the Name of the Narraganset-Bay; bordering Northward and Northeast on the Patent of the Massachusetts, East and Southeast on Plymouth Patent, South on the Ocean, and on the West and Northwest by the Indians called Nahigganneucks, alias Narragansets; the whole Tract extending about Twenty-five English Miles unto the Pequot River and Country.

And whereas divers well affected and industrious English Inhabitants, of the Towns of Providence, Portsmouth, and Newport in the tract aforesaid, have adventured to make a nearer neighborhood and Society with the great Body of the Narragansets, which may in time by the blessing of God upon their Endeavours, lay a sure foundation of Happiness to all America. And have also purchased, and are purchasing of and amongst the said Natives, some other Places, which may be convenient both for Plantations, and also for building of Ships Supply of Pipe Staves and other Merchandize. And whereas the said English, have represented their Desire to the said Earl, and Commissioners, to have their hopeful beginnings approved and confirmed, by granting unto them a free Charter of Civil Incorporation and Government; that they may order and govern their Plantation in such a Manner as to maintain Justice and peace, both among themselves, and towards all Men with whom they shall have to do. In due Consideration of the said Premises, the said Robert Earl of Warwick, Governor in Chief, and Lord High Admiral of the said Plantations, and the greater Number of the said Commissioners, whose Names and Seals are here under-written and subjoined, out of a Desire to encourage the good Beginnings of the said Planters, Do, by the Authority of the aforesaid Ordinance of the Lords and Commons, give, grant, and confirm, to the aforesaid Inhabitants of the Towns of Providence, Portsmouth, and Newport, a free and absolute Charter of Incorporation, to be known by the Name of the Incorporation of Providence Plantations, in the Narraganset-Bay, in New-England.—Together with full Power and Authority to rule themselves, and such others as shall hereafter inhabit within any Part of the said Tract of land, by such a Form of Civil Government, as by voluntary consent of all, or the greater Part of them, they shall find most suitable to their Estate and Condition; and, for that End, to make and ordain such Civil Laws and Constitutions, and to inflict such punishments upon Transgressors, and for Execution thereof, so to place, and displace Officers of Justice, as they, or the greater Part of them, shall by free Consent agree unto. Provided nevertheless, that the said Laws, Constitutions, and Punishments, for the Civil Government of the said Plantations, be conformable to the Laws of Edition: current; Page: [3211] England, so far as the Nature and Constitution of the place will admit. And always reserving to the said Earl, and Commissioners, and their successors, Power and Authority for to dispose the general Government of that, as it stands in Relation to the rest of the Plantations in America as they shall conceive from Time to Time, most conducing to the general Good of the said Plantations, the Honour of his Majesty, and the Service of the State. And the said Earl and Commissioners, do further authorize, that the aforesaid Inhabitants, for the better transacting of their public Affairs to make and use a public Seal as the known Seal of Providence-Plantations, in the Narraganset-Bay, in New-England. In Testimony whereof, the said Robert Earl of Warwick, and Commissioners, have hereunto set their Hands and Seals, the Fourteenth Day of March, in the Nineteenth Year of the Reign of our Sovereign Lord King Charles, and in the Year of our Lord God, 1643.

Robert Warwick,
Philip Pembroke,
Say and Seal,
P. Wharton,
Arthur Haslerig,
Cor. Holland,
H. Vane,
Sam Vassal,
John Rolle,
Miles Corbet,
W. Spurstow.

CHARTER OF RHODE ISLAND AND PROVIDENCE PLANTATIONS—1663*a

Charles the Second, by the grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, &c., to all to whome these presents shall come, greeting: Whereas wee have been informed, by the humble petition of our trustie and well beloved subject, John Clarke, on the behalf of Benjamine Arnold, William Brenton, William Codington, Nicholas Easton, William Boulston, John Porter, John Smith, Samuell Gorton, John Weeks, Roger Williams, Thomas Olnie, Gregorie Dexter, John Cogeshall, Joseph Clarke, Randall Holden, John Greene, John Roome, Samuell Wild-bore, William Ffield, James Barker, Richard Tew, Thomas Harris, and William Dyre, and the rest of the purchasers and ffree inhabitants of our island, called Rhode-Island, and the rest of the colonie of Providence Plantations, in the Narragansett Bay, in New-England, in America, that they, pursueing, with peaceable and loyall mindes, their sober, serious and religious intentions, of godlie edifieing themselves, and one another, in the holie Christian ffaith and worshipp as they were perswaded; together with the gaineing over and conversione of the poore ignorant Indian natives, in those partes of America, Edition: current; Page: [3212] to the sincere professione and obedienc of the same ffaith and worship, did, not onlie by the consent and good encouragement of our royall progenitors, transport themselves out of this kingdome of England into America, but alsoe, since their arrivall there, after their first settlement amongst other our subjects in those parts, ffor the avoideing of discorde, and those manie evills which were likely to ensue upon some of those oure subjects not beinge able to beare, in these remote parties, theire different apprehensiones in religious concernements, and in pursueance of the afforesayd ends, did once againe leave theire desireable stationes and habitationes, and with excessive labour and travell, hazard and charge, did transplant themselves into the middest of the Indian natives, who, as wee are infformed, are the most potent princes and people of all that country; where, by the good Providence of God, from whome the Plantationes have taken their name, upon theire labour and industrie, they have not onlie byn preserved to admiration, but have increased and prospered, and are seized and possessed, by purchase and consent of the said natives, to their ffull content, of such lands, islands, rivers, harbours and roades, as are verie convenient, both for plantationes and alsoe for buildinge of shipps, suplye of pypestaves, and other merchandize; and which lyes verie commodious, in manie respects, for commerce, and to accommodate oure southern plantationes, and may much advance the trade of this oure realme, and greatlie enlarge the territories thereof; they haveinge, by neare neighbourhoode to and friendlie societie with the greate bodie of the Narragansett Indians, given them encouragement, of theire owne accorde, to subject themselves, theire people and landes, unto us; whereby, as is hoped, there may, in due tyme, by the blessing of God upon theire endeavours, bee layd a sure ffoundation of happinesse to all America:

And whereas, in theire humble addresse, they have ffreely declared, that it is much on their hearts (if they may be permitted), to hold forth a livlie experiment, that a most flourishing civill state may stand and best bee maintained, and that among our English subjects, with a full libertie in religious concernements; and that true pietye rightly grounded upon gospell principles, will give the best and greatest security to sovereignetye, and will lay in the hearts of men the strongest obligations to true loyaltye: Now know yee, that wee beinge willinge to encourage the hopefull undertakeinge of oure sayd loyall and loveinge subjects, and to secure them in the free exercise and enjoyment of all theire civill and religious rights, appertaining to them, as our loveing subjects; and to preserve unto them that libertye, in the true Christian ffaith and worshipp of God, which they have sought with soe much travaill, and with peaceable myndes, and loyall subjectione to our royall progenitors and ourselves, to enjoye; and because some of the people and inhabitants of the same colonie cannot, in theire private opinions, conforms to the publique exercise of religion, according to the litturgy, formes and ceremonyes of the Church of England, or take or subscribe the oaths and articles made and established in that behalfe; and for that the same, by reason of the remote distances of those places, will (as wee hope) bee noe breach of the unitie and unifformitie established in this nation: Have therefore thought ffit, and doe hereby publish, graunt, ordeyne and declare, Edition: current; Page: [3213] That our royall will and pleasure is, that noe person within the sayd colonye, at any tyme hereafter, shall bee any wise molested, punished, disquieted, or called in question, for any differences in opinione in matters of religion, and doe not actually disturb the civill peace of our sayd colony; but that all and everye person and persons may, from tyme to tyme, and at all tymes hereafter, freelye and fullye have and enjoye his and theire owne judgments and consciences, in matters of religious concernments, throughout the tract of lande hereafter mentioned; they behaving themselves peaceablie and quietlie, and not useing this libertie to lycentiousnesse and profanenesse, nor to the civill injurye or outward disturbeance of others; any lawe, statute, or clause, therein contayned, or to bee contayned, usage or custome of this realme, to the contrary hereof, in any wise, notwithstanding. And that they may bee in the better capacity to defend themselves, in theire just rights and libertyes against all the enemies of the Christian ffaith, and others, in all respects, wee have further thought fit, and at the humble petition of the persons aforesayd are gratiously pleased to declare, That they shall have and enjoye the benefitt of our late act of indempnity and ffree pardon, as the rest of our subjects in other our dominions and territoryes have; and to create and make them a bodye politique or corporate, with the powers and priviledges hereinafter mentioned.

And accordingely our will and pleasure is, and of our especiall grace, certaine knowledge, and meere motion, wee have ordeyned, constituted and declared, and by these presents, for us, our heires and successors, doe ordeyne, constitute and declare, That they, the sayd William Brenton, William Codington, Nicholas Easton, Benedict Arnold. William Boulston, John Porter, Samuell Gorton, John Smith, John Weekes, Roger Williams, Thomas Olneye, Gregorie Dexter, John Cogeshall, Joseph Clarke, Randall Holden, John Greene, John Roome, William Dyre, Samuell Wildbore, Richard Tew, William Ffeild, Thomas Harris, James Barker, ——— Rainsborrow, ——— Williams, and John Nickson, and all such others as now are, or hereafter shall bee admitted and made ffree of the company and societie of our collonie of Providence Plantations, in the Narragansett Bay, in New England, shall bee, from tyme to tyme, and forever hereafter, a bodie corporate and politique, in ffact and name, by the name of The Governor and Company of the English Colony of Rhode-Island and Providence Plantations, in New-England, in America; and that, by the same name, they and their successors shall and may have perpetuall succession, and shall and may bee persons able and capable, in the lawe, to sue and bee sued, to pleade and be impleaded, to answeare and bee answeared unto, to defend and to be defended, in all and singular suites, causes, quarrels, matters, actions and thinges, of what kind or nature soever; and alsoe to have, take, possesse, acquire and purchase lands, tenements or hereditaments, or any goods or chattels, and the same to lease, graunt, demise, aliene, bargaine, sell and dispose of, at their owne will and pleasure, as other our liege people of this our realme of England, or anie corporation or bodie politique within the same, may be lawefully doe: And further, that they the sayd Governor and Company, and theire successors, shall and may, forever hereafter, have a common seale, to serve and use for all matters, Edition: current; Page: [3214] causes, thinges and affaires, whatsoever, of them and their successors; and the same seale to alter, change, breake, and make new, from tyme to tyme, at their will and pleasure, as they shall thinke ffitt.

And further, wee will and ordeyne, and by these presents, for us, oure heires and successours, doe declare and apoynt that, for the better ordering and managing of the affaires and business of the sayd Company, and theire successours, there shall bee one Governour, one Deputie-Governour and ten Assistants, to bee from tyme to tyme, constituted, elected and chosen, out of the freemen of the sayd Company, for the tyme beinge, in such manner and fforme as is hereafter in these presents expressed; which sayd officers shall aplye themselves to take care for the best disposeinge and orderinge of the generall businesse and affaires of, and concerneinge the landes and hereditaments hereinafter mentioned, to be graunted, and the plantation thereof, and the government of the people there. And for the better execution of oure royall pleasure herein, wee doe, for us, oure heires and successours, assign, name, constitute and apoynt the aforesayd Benedict Arnold to bee the first and present Governor of the sayd Company, and the sayd William Brenton, to bee the Deputy-Governor, and the sayd William Boulston, John Porter, Roger Williams, Thomas Olnie, John Smith, John Greene, John Cogeshall, James Barker, William Ffeild, and Joseph Clarke, to bee the tenn present Assistants of the sayd Companye, to continue in the sayd severall offices, respectively, untill the first Wednesday which shall bee in the month of May now next comeing. And further, wee will, and by these presents, for us, our heires and successessours, doe ordeyne and graunt, that the Governor of the sayd Company, for the tyme being, or, in his absence, by occasion of sicknesse, or otherwise, by his leave and permission, the Deputy-Governor, ffor the tyme being, shall and may, ffrom tyme to tyme, upon all occasions, give order ffor the assemblinge of the sayd Company and callinge them together, to consult and advise of the businesse and affaires of the sayd Company.

And that forever hereafter, twice in every year, that is to say, on every first Wednesday in the month of May, and on every last Wednesday in October, or oftener, in case it shall bee requisite, the Assistants, and such of the ffreemen of the Company, not exceedinge six persons ffor Newport, ffoure persons ffor each of the respective townes of Providence, Portsmouth and Warwicke, and two persons for each other place, towne or city, whoe shall bee, from tyme to tyme, thereunto elected or deputed by the majour parte of the ffreemen of the respective townes or places ffor which they shall bee so elected or deputed, shall have a generall meetinge, or Assembly then and there to consult, advise and determine, in and about the affaires and businesse of the said Company and Plantations. And further, wee doe, of our especiall grace, certayne knowledge, and meere motion, give and graunt unto the sayd Governour and Company of the English Colonie of Rhode-Island and Providence Plantations, in New-England, in America, and theire successours, that the Governour, or, in his absence, or, by his permission, the Deputy-Governour of the sayd Company, for the tyme beinge, the Assistants, and such of the ffreemen of the sayd Company as shall bee soe as aforesayd elected or deputed, or soe many of them as shall bee present att such meetinge or assemblye, as afforesayde, shall bee called the Generall Edition: current; Page: [3215] Assemblye; and that they, or the greatest parte of them present, whereof the Governour or Deputy-Governour, and sixe of the Assistants, at least to bee seven, shall have, and have hereby given and graunted unto them, ffull power authority, ffrom tyme tyme, and at all tymes hereafter, to apoynt, alter and change, such dayes, tymes and places of meetinge and Generall Assemblye, as theye shall thinke ffitt; and to choose, nominate, and apoynt, such and soe manye other persons as they shall thinke ffitt, and shall be willing to accept the same, to bee ffree of the sayd Company and body politique, and them into the same to admitt; and to elect and constitute such offices and officers, and to graunt such needfull commissions, as they shall thinke ffitt and requisite, ffor the ordering, managing and dispatching of the affaires of the sayd Governour and Company, and their successours; and from tyme to tyme, to make, ordeyne, constitute or repeal, such lawes, statutes, orders and ordinances, fformes and ceremonies of government and magistracye as to them shall seeme meete for the good nad wellfare of the sayd Company, and ffor the government and ordering of the landes and hereditaments, hereinafter mentioned to be graunted, and of the people that doe, or att any tyme hereafter shall, inhabitt or bee within the same; soe as such lawes, ordinances and constitutiones, soe made, bee not contrary and repugnant unto, butt, as neare as may bee, agreeable to the lawes of this our realme of England, considering the nature and constitutione of the place and people there; and alsoe to apoynt, order and direct, erect and settle, such places and courts of jurisdiction, ffor the heareinge and determininge of all actions, cases, matters and things, happening within the sayd collonie and plantatione, and which shall be in dispute, and depending there, as they shall thinke ffit; and alsoe to distinguish and sett forth the severall names and titles, duties, powers and limitts, of each court, office and officer, superior and inferior; and alsoe to contrive and apoynt such formes of oaths and attestations, not repugnant, but, as neare as may bee, agreeable, as aforesayd, to the lawes and statutes of this oure realme, as are conveniente and requisite, with respect to the due administration of justice, and due execution and discharge of all offices and places of trust by the persons that shall bee therein concerned; and alsoe to regulate and order the waye and manner of all elections to offices and places of trust, and to prescribe, limitt and distinguish the numbers and boundes of all places, townes or cityes, within the limitts and bounds herein after mentioned, and not herein particularlie named, who have, and shall have, the power of electing and sending of ffreemen to the sayd Generall Assembly; and alsoe to order, direct and authorize the imposing of lawfull and reasonable ffynes, mulcts, imprisonments, and executing other punishments pecuniary and corporal, upon offenders and delinquents, according to the course of other corporations within this oure kingdom of England; and agayne to alter, revoke, annull or pardon, under their common seale or otherwyse, such ffynes, mulcts, imprisonments, sentences, judgments and condemnations, as shall bee thought ffitt; and to direct, rule, order and dispose of, all other matters and things, and particularly that which relates to the makinge of purchases of the native Indians, as to them shall seeme meete; whereby oure sayd people and inhabitants, in the sayd Plantationes, may be soe religiously, peaceably and civilly governed, as that, by theire good Edition: current; Page: [3216] life and orderlie conversatione, they may win and invite the native Indians of the countrie to the knowledge and obedience of the onlie true God, and Saviour of mankinde; willing, commanding and requireing, and by these presents, for us, oure heires and successours, ordeyneing and apoynting, that all such lawes, statutes, orders and ordinances, instructions, impositions and directiones, as shall bee soe made by the Governour, deputye-Governour, Assistants and ffreemen, or such number of them as aforesayd, and published in writinge, under theire common seale, shall bee carefully and duely observed, kept, performed and putt in execution, accordinge to the true intent and meaning of the same.

And these our letters patent, or the duplicate or exempliffication thereof, shall bee to all and everie such officer, superiour or inferiour, ffrom tyme to tyme, for the putting of the same orders, lawes, statutes, ordinances, instructions and directions, in due execution, against us, oure heires and successours, a sufficient warrant and discharge. And ffurther, our will and pleasure is, and wee doe hereby, for us, oure heires and successours, establish and ordeyne, that yearelie, once in the yeare, forever hereafter, namely, the aforesayd Wednesday in May, and at the towne of Newport, or elsewhere, if urgent occasion doe require, the Governour, Deputy-Governour and Assistants of the sayd Company, and other officers of the sayd Company, or such of them as the Generall Assemblye shall thinke ffitt, shall bee, in the sayd Generall Court or Assembly to bee held from that daye or tyme, newely chosen for the year ensueing, by such greater part of the sayd Company, for the tyme beinge, as shall bee then and there present; and if itt shall happen that the present Governour, Deputy-Governour and Assistants, by these presents apoynted, or any such as shall hereafter be newly chosen into their roomes, or any of them, or any other the officers of the sayd Company, shall die or bee removed ffrom his or their severall offices or places, before the sayd generall day of election, (whom wee doe hereby declare, for any misdemeanour or default, to be removeable by the Governour, Assistants and Company, or such greater parte of them, in any of the sayd publique courts, to bee assembled as aforesayd), that then, and in every such case, it shall and may bee lawfull to and ffor the sayd Governour, Deputy-Governour, Assistants and Company aforesayde, or such greater parte of them, soe to bee assembled as is aforesayde, in any theire assemblyes, to proceede to a new election of one or more of their Company, in the roome or place, roomes or places, of such officer or officers, soe dyeinge or removed, according to theire discretiones; and immediately upon and after such electione or elections made of such Governour, Deputy-Governour or Assistants, or any other officer of the sayd Company, in manner and forme aforesayde, the authoritie, office and power, before given to the fformer Governour, Deputy-Governour, and other officer and officers, soe removed, in whose steade and place new shall be chosen, shall, as to him and them, and every of them, respectively, cease and determine:

Provided, allwayes, and our will and pleasure is, that as well such as are by these presents apoynted to bee the present Governour, Deputy-Governour and Assistants, of the sayd Company, as those that shall succeede them, and all other officers to bee apoynted and chosen as aforesayde, shall, before the undertakeinge the execution Edition: current; Page: [3217] of the sayd offices and places respectively, give theire solemn engagement, by oath, or otherwyse, for the due and faythfull performance of theire duties in their severall offices and places, before such person or persons as are by these presents hereafter apoynted to take and receive the same, that is to say: the sayd Benedict Arnold, whoe is hereinbefore nominated and apoynted the present Governour of the sayd Company, shall give the aforesayd engagement before William Brenton, or any two of the sayd Assistants of the sayd Company; unto whome, wee doe by these presentes give ffull power and authority to require and receive the same; and the sayd William Brenton, whoe is hereby before nominated and apoynted the present Deputy-Governour of the sayd Company, shall give the aforesayed engagement before the sayd Benedict Arnold, or any two of the Assistants of the sayd Company; unto whome wee doe by these presents give ffull power and authority to require and receive the same; and the sayd William Boulston, John Porter, Roger Williams, Thomas Olneye, John Smith, John Greene, John Cogeshall, James Barker, William Ffeild, and Joseph Clarke, whoe are hereinbefore nominated apoynted the present Assistants of the sayd Company, shall give the sayd engagement to theire offices and places respectively belongeing, before the sayd Benedict Arnold and William Brenton, or one of them; to whome, respectively wee doe hereby give ffull power and authority to require, administer or receive the same: and ffurther, our will and pleasure is, that all and every other future Governour or Deputy-Governour, to bee elected and chosen by vertue of these presents, shall give the sayd engagement before two or more of the sayd Assistants of the sayd Company ffor the tyme beinge; unto whome wee doe by these presents give ffull power and authority to require, administer or receive the same; and the sayd Assistants, and every of them, and all and every other officer or officers to bee hereafter elected and chosen by vertue of these presents, from tyme to tyme, shall give the like engagements, to their offices and places respectively belonging bofere the Governour or Deputy-Governour for the tyme being; unto which sayd Governour, or Deputy-Governour, wee doe by these presents give full power and authority to require, administer or receive the same accordingly.

And wee doe likewise, for vs, oure heires and successours, give and graunt vnto the sayd Governour and Company and theire successours by these presents, that, for the more peaceable and orderly government of the sayd Plantations, it shall and may bee lawfull ffor the Governour, Deputy-Governor, Assistants, and all other officers and ministers of the sayd Company, in the administration of justice, and exercise of government, in the sayd Plantations, to vse, exercise, and putt in execution, such methods, rules, orders and directions, not being contrary or repugnant to the laws and statutes of this oure realme, as have byn heretofore given, vsed and accustomed, in such cases respectively, to be putt in practice, untill att the next or some other Generall Assembly, special provision shall be made and ordeyned in the cases aforesayd. And wee doe ffurther, for vs, oure heires and successours, give and graunt vnto the sayd Governour and Company, and theire successours, by these presents, that itt shall and may bee lawfull to and for the sayd Governour, or in his absence, the Deputy-Governour, and majour parte of the sayd Assistants, for the Edition: current; Page: [3218] tyme being, att any tyme when the sayd Generall Assembly is not sitting, to nominate, apoynt and constitute, such and soe many commanders, governours, and military officers, as to them shall seeme requisite, for the leading, conductinge and trayneing vpp the inhabitants of the sayd Plantations in martiall affaires, and for the defence and safeguard of the sayd Plantations; and that itt shall and may bee lawfull to and for all and every such commander, governour and military officer, that shall bee soe as aforesayd, or by the Governour, or, in his absence, the Deputy-Governour, and six of the sayd Assistants, and majour parte of the ffreemen of the sayd Company present att any Generall Assemblies, nominated, apoynted and constituted accordinge to the tenor of his and theire respective commissions and directions, to assemble, exercise in arms, martiall array, and putt in warlyke posture, the inhabitants of the sayd collonie, ffor theire speciall defence and safety; and to lead and conduct the sayd inhabitants, and to encounter, expulse, expell and resist, by force of armes, as well by sea as by lande; and alsoe to kill, slay and destroy, by all fitting wayes, enterprizes and meanes, whatsoever, all and every such person or persons as shall, att any tyme hereafter, attempt or enterprize the destruction, invasion, detriment or annoyance of the sayd inhabitants or Plantations; and to vse and exercise the lawe martiall in such cases only as occasion shall necessarily require; and to take or surprise, by all wayes and meanes whatsoever, all and every such person and persons, with theire shipp or shipps, armor, ammunition or other goods of such persons, as shall, in hostile manner, invade or attempt the defeating of the sayd Plantations, or the hurt of the sayd Company and inhabitants; and vpon just causes, to invade and destroy the native Indians, or other enemyes of the sayd Collony. Neverthelesse, our will and pleasure is, and wee doe hereby declare to the rest of oure Collonies in New England, that itt shall not bee lawefull ffor this our sayd Collony of Rhode-Island and Providence Plantations, in America, in New-England, to invade the natives inhabiting within the boundes and limitts of theire sayd Collonies without the knowledge and consent of the sayd other Collonies. And itt is hereby declared, that itt shall not bee lawfull to or ffor the rest of the Collonies to invade or molest the native Indians, or any other inhabitants, inhabiting within the bounds and lymitts hereafter mentioned (they having subjected themselves vnto vs, and being by vs taken into our speciall protection), without the knowledge and consent of the Governour and Company of our Collony of Rhode-Island and Providence Plantations.

Alsoe our will and pleasure is, and wee doe hereby declare unto all Christian Kings, Princes and States, that if any person, which shall hereafter bee of the sayd Company or Plantations, or any other, by apoyntment of the sayd Governour and Company for the tyme beinge, shall at any tyme or tymes hereafter, rob or spoyle, by sea or land, or do any hurt, unlawfull hostillity to any of the subjects of vs, oure heires or successours, or any of the subjects of any Prince or State, beinge then in league with vs, oure heires, or successours, vpon complaint of such injury done to any such Prince or State, or theire subjects, wee, our heires and successours, will make open proclamation within any parts of oure realme of England, ffitt ffor that purpose, that the person or persons committing any such robbery or Edition: current; Page: [3219] spoyle shall, within the tyme lymitted by such proclamation, make full restitution or satisfaction of all such injuries, done or committed, soe as the sayd Prince, or others soe complaineinge, may bee fully satisfyed and contented; and if the sayd person or persons whoe shall committ any such robbery or spoyle shall not make satysfaction, accordingly, within such tyme, soe to bee lymitted, that then wee, oure heires and successours, will putt such person or persons out of oure allegiance and protection; and that then itt shall and may bee lawefull and ffree ffor all Princes or others to prosecute, with hostillity, such offenders, and every of them, theire and every of theire procurers, ayders, abettors and counsellors, in that behalfe; Provided alsoe, and oure expresse will and pleasure is, and wee doe, by these presents, ffor vs, our heirs and successours, ordeyne and apoynt, that these presents shall not, in any manner, hinder any of oure lovinge subjects, whatsoever, ffrom vseing and exercising the trade of ffishing vpon the coast of New-England, in America; butt that they, and every or any of them, shall have ffull and ffree power and liberty to continue and vse the trade of ffishing vpon the sayd coast, in any of the seas thereunto adjoyninge, or any armes of the seas, or salt water, rivers and creeks, where they have been accustomed to ffish; and to build and to sett upon the waste land, belonginge to the sayd Collony and Plantations, such wharfes, stages and worke-houses as shall be necessary for the salting, drying and keepeing of theire ffish, to be taken or gotten upon that coast. And ffurther, for the encouragement of the inhabitants of our sayd Collony of Providence Plantations to sett vpon the businesse of takeing whales, itt shall bee lawefull ffor them, or any of them, having struck whale, dubertus, or other greate ffish, itt or them, to pursue unto any parte of that coaste, and into any bay, river, cove, creeke or shoare, belonging thereto, and itt or them, vpon sayd coaste, or in the sayd bay, river, cove, creeke or shoare, belonging thereto, to kill and order for the best advantage, without molestation, they makeing noe wilfull waste or spoyle, any thinge in these presents conteyned, or any other matter or thing, to the contrary notwithstanding. And further alsoe, wee are gratiously pleased, and doe hereby declare, that if any of the inhabitants of oure sayd Collony doe sett upon the plantinge of vineyards (the soyle and clymate both seemeing naturally to concurr to the production of wynes), or bee industrious in the discovery of ffishing banks, in or about the sayd Collony, wee will, ffrom tyme to tyme, give and allow all due and fitting encouragement therein, as to others in cases of lyke nature. And further, of oure more ample grace, certayne knowledge, and meere motion, wee have given and graunted, and by these presents, ffor vs, oure heires and successours, doe give and graunt vnto the sayd Governour and Company of the English Collony of Rhode-Island and Providence Plantations, in the Narragansett Bay, in New-England in America, and to every inhabitant there, and to every person and persons trading thither, and to every such person or persons as are or shall bee ffree of the sayd Collony, full power and authority, from tyme to tyme, and att all tymes hereafter, to take, shipp, transport and carry away, out of any of our realmes and dominions, for and towards the plantation and defence of the sayd Collony, such and soe many of oure loveing subjects and strangers as shall or will willingly accompany them in and Edition: current; Page: [3220] to their sayd Collony and Plantation; except such person or persons as are or shall be therein restrained by vs, oure heires and successours, or any law or statute of this realme: and also to shipp and transport all and all manner of goods, chattels, merchandizes, and other things whatsoever, that are or shall bee vsefull or necessary ffor the sayd Plantations, and defence thereof, and vsually transported, and nott prohibited by any lawe or statute of this our realme; yielding and paying vnto vs, our heires and successours, such the duties, customes and subsidies, as are or ought to bee payd or payable for the same.

And ffurther, our will and pleasure is, and wee doe, ffor us, our heires and successours, ordeyn, declare and graunt, vnto the sayd Governour and Company, and their successours, that all and every the subjects of vs, our heires and successours, which are already planted and settled within our sayd Collony of Providence Plantations, or which shall hereafter goe to inhabit within the sayd Collony, and all and every of theire children, which have byn borne there, or which shall happen hereafter to bee borne there, or on the sea, goeing thither, or retourneing from thence, shall have and enjoye all libertyes and immunityes of ffree and naturall subjects within any the dominions of vs, our heires or successours, to all intents, constructions and purposes, whatsoever, as if they, and every of them, were borne within the realme of England. And ffurther, know ye, that wee, of our more abundant grace, certain knowledge and meere motion, have given, graunted and confirmed, and, by these presents, for vs, our heires and successours, doe give, graunt and confirme, vnto the sayd Governour and Company, and theire successours, all that parte of our dominiones in New-England, in America, conteyneing the Nahantick and Nanhyganset Bay, and countryes and partes adjacent, bounded on the west, or westerly, to the middle or channel of a river there, commonly called and known by the name of Pawcatuck, alias Pawcawtuck river, and soe along the sayd river, as the greater or middle streame thereof reacheth or lyes vpp into the north countrye, northward, unto the head thereoof, and from thence, by a streight lyne drawn due north, vntill itt meets with the south lyne of the Massachusetts Collonie; and on the north, or northerly, by the aforesayd south or southerly lyne of the Massachusettes Collony or Plantation, and extending towards the east, or eastwardly, three English miles to the east and north-east of the most eastern and north-eastern parts of the aforesayd Narragansett Bay, as the sayd bay lyeth or extendeth itself from the ocean on the south, or southwardly, vnto the mouth of the river which runneth towards the towne of Providence, and from thence along the eastwardly side or banke of the sayd river (higher called by the name of Seacunck river), vp to the ffalls called Patuckett ffalls, being the most westwardly lyne of Plymouth Collony, and soe from the sayd ffalls, in a streight lyne, due north, untill itt meete with the aforesayd line of the Massachusetts Collony; and bounded on the south by the ocean: and, in particular, the lands belonging to the townes of Providence, Pawtuxet, Warwicke, Misquammacok, alias Pawcatuck, and the rest vpon the maine land in the tract aforesayd, together with Rhode-Island, Blocke-Island, and all the rest of the islands and banks in the Narragansett Bay, and bordering vpon the coast of the tract aforesayd (Ffisher’s Island only Edition: current; Page: [3221] excepted), together with all firme lands, soyles, grounds, havens, ports, rivers, waters, ffishings, mines royall, and all other mynes, mineralls, precious stones, quarries, woods, wood-grounds, rocks, slates, and all and singular other commodities, jurisdictions, royalties, priviledges, franchises, preheminences and hereditaments, whatsoever, within the sayd tract, bounds, landes, and islands, aforesayd, or to them or any of them belonging, or in any wise appertaining: to have and to hold the same, vnto the sayd Governour and Company, and their successours, forever, vpon trust, for the vse and benefitt of themselves and their associates, ffreemen of the sayd Collony, their heires and assignes, to be holden of vs, our heires and successours, as of the Mannor of East-Greenwich, in our county of Kent, in free and comon soccage, and not in capite, nor by knight service; yeilding and paying therefor, to vs, our heires and successours, only the ffifth part of all the oare of gold and silver which, from tyme to tyme, and att all tymes hereafter, shall bee there gotten, had or obtained, in lieu and satisfaction of all services, duties, ffynes, forfeitures, made or to be made, claimes and demands, whatsoever, to bee to vs, our heires or successours, therefor or thereout rendered, made or paid; any graunt, or clause in a late graunt, to the Governour and Company of Connecticutt Colony, in America, to the contrary thereof in any wise notwithstanding; the aforesayd Pawcatuck river haveing byn yielded, after much debate, for the fixed and certain boundes betweene these our sayd Colonies, by the agents thereof; whoe have alsoe agreed, that the sayd Pawcatuck river shall bee alsoe called alias Norrogansett or Narrogansett river; and, to prevent future disputes, that otherwise might arise thereby, forever hereafter shall bee construed, deemed and taken to bee the Narragansett river in our late graunt to Connecticutt Colony mentioned as the easterly bounds of that Colony. And further, our will and pleasure is, that in all matters of publique controversy which may fall out betweene our Colony of Providence Plantations, and the rest of our Colonies in New-England, itt shall and may bee lawfull to and for the Governour and Company of the sayd Colony of Providence Plantations to make their appeales therein to vs, our heirs and successours, for redresse in such cases, within this our realme of England: and that itt shall bee lawfull to and for the inhabitants of the sayd Colony of Providence Plantations, without let or molestation, to passe and repasse with freedome, into and thorough the rest of the English Collonies, vpon their lawfull and civill occasions, and to converse, and hold commerce and trade, with such of the inhabitants of our other English Collonies as shall bee willing to admitt them thereunto, they behaveing themselves peaceably among them; any act, clause or sentence, in any of the sayd Collonies provided, or that shall bee provided, to the contrary in anywise notwithstanding. And lastly, wee doe, for vs, our heires and successours, ordeyne and graunt vnto the sayd Governor and Company, and their successours, and by these presents, that these our letters patent shall be firme, good, effectuall and available in all things in the lawe, to all intents, constructions and purposes whatsoever, according to our true intent and meaning hereinbefore declared; and shall bee construed, reputed and adjudged in all cases most favorably on the behalfe, and for the benefitt and behoofe, of Edition: current; Page: [3222] the sayd Governor and Company, and their successours; although express mention of the true yearly value or certainty of the premises, or any of them, or of any other gifts or graunts by vs, or by any of our progenitors or predecessors, heretofore made to the sayd Governor and Company of the English Colony of Rhode-Island and Providence Plantations, in the Narragansett Bay, New-England, in America, in these presents is not made, or any statute, act, ordinance, provision, proclamation or restriction, heretofore had, made, enacted, ordeyned or provided, or any other matter, cause or thing whatsoever, to the contrary thereof in anywise notwithstanding. In witnes whereof, wee have caused these our letters to bee made patent. Witnes our Selfe att Westminster, the eighth day of July, in the ffifteenth yeare of our reigne.

By the King:

Howard.

CONSTITUTION OF RHODE ISLAND—1842*

We, the people of the State of Rhode Island and Providence Plantations, grateful to Almighty God for the civil and religious liberty which He hath so long permitted us to enjoy, and looking to Him for a blessing upon our endeavors to secure and to transmit the same unimpaired to succeeding generations, do ordain and establish this constitution of government.

Article I: DECLARATION OF CERTAIN CONSTITUTIONAL RIGHTS AND PRINCIPLES

In order effectually to secure the religious and political freedom established by our venerated ancestors, and to preserve the same for our posterity, we do declare that the essential and unquestionable rights and principles hereinafter mentioned shall be established, maintained and preserved, and shall be of paramount obligation in all legislative, judicial and executive proceedings.

Section 1. In the words of the Father of his Country, we declare, that “the basis of our political systems is the right of the people to make and alter their constitutions of government; but that the constitution which at any time exists, till changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all.”

Sec. 2. All free governments are instituted for the protection, safety and happiness of the people. All laws, therefore, should be made for the good of the whole; and the burdens of the state ought to be fairly distributed among its citizens.

Sec. 3. Whereas Almighty God hath created the mind free; and all attempts to influence it by temporal punishments or burdens, or by civil incapacitations, tend to beget habits of hypocrisy and meanness; and whereas a principal object of our venerable ancestors, in their migration to this country and their settlement of this state, Edition: current; Page: [3223] was, as they expressed it, to hold forth a lively experiment, that a flourishing civil state may stand and be best maintained with full liberty in religious concernments; we, therefore, declare that no man shall be compelled to frequent or to support any religious worship, place, or ministry whatever, except in fulfillment of his own voluntary contract; nor enforced, restrained, molested, or burdened in his body or goods; nor disqualified from holding any office; nor otherwise suffer on account of his religious belief; and that every man shall be free to worship God according to the dictates of his own conscience, and to profess and by argument to maintain his opinion in matters of religion; and that the same shall in no wise diminish, enlarge, or affect his civil capacity.

Sec. 4. Slavery will not be permitted in this state.

Sec. 5. Every person within this state ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which he may receive in his person, property, or character. He ought to obtain right and justice freely and without purchase, completely and without denial; promptly and without delay; conformably to the laws.

Sec. 6. The right of the people to be secure in their persons, papers and possessions, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue, but on complaint in writing, upon probable cause, supported by oath or affirmation, and describing as nearly as may be, the place to be searched, and the persons or things to be seized.

Sec. 7. No person shall be held to answer for a capital or other infamous crime, unless on presentment or indictment by a grand jury, except in cases of impeachment, or of such offences as are cognizable by a justice of the peace; or in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger. No person shall, after an acquittal, be tried for the same offence.

Sec. 8. Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted; and all punishments ought to be proportioned to the offence.

Sec. 9. All persons imprisoned ought to be bailed by sufficient surety, unless for offences punishable by death or by imprisonment for life, when the proof of guilt is evident or the presumption great. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety shall require it; nor ever without the authority of the general assembly.

Sec. 10. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury; to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining them in his favor, to have the assistance of counsel in his defence, and shall be at liberty to speak for himself; nor shall he be deprived of life, liberty, or property, unless by the judgment of his peers, or the law of the land.

Sec. 11. The person of a debtor, when there is not strong presumption of fraud, ought not to be continued in prison, after he shall have delivered up his property for the benefit of his creditors, in such manner as shall be prescribed by law.

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Sec. 12. No ex post facto law, or law impairing the obligation of contracts, shall be passed.

Sec. 13. No man in a court of common law shall be compelled to give evidence criminating himself.

Sec. 14. Every man being presumed innocent, until he is pronounced guilty by the law, no act of severity which is not necessary to secure an accused person shall be permitted.

Sec. 15. The right of trial by jury shall remain inviolate.

Sec. 16. Private property shall not be taken for public uses, without just compensation.

Sec. 17. The people shall continue to enjoy and freely exercise all the rights of fishery, and the privileges of the shore, to which they have been heretofore entitled under the charter and usages of this state. But no new right is intended to be granted, nor any existing right impaired, by this declaration.

Sec. 18. The military shall be held in strict subordination to the civil authority. And the law martial shall be used and exercised in such cases only as occasion shall necessarily require.

Sec. 19. No soldier shall be quartered in any house, in time of peace, without the consent of the owner; nor, in time of war, but in a manner to be prescribed by law.

Sec. 20. The liberty of the press being essential to the security of freedom in a state, any person may publish his sentiments on any subject, being responsible for the abuse of that liberty; and in all trials for libel, both civil and criminal, the truth, unless published from malicious motives, shall be sufficient defence to the person charged.

Sec. 21. The citizens have a right in a peaceable manner to assemble for their common good, and to apply to those invested with the powers of government, for redress of grievances, or for other purposes, by petition, address, or remonstrance.

Sec. 22. The right of the people to keep and bear arms shall not be infringed.

Sec. 23. The enumeration of the foregoing rights shall not be construed to impair or deny others retained by the people.

Article II: OF THE QUALIFICATIONS OF ELECTORS

Section 1. Every male citizen of the United States, of the age of twenty-one years, who has had his residence and home in this state for one year, and in the town or city in which he may claim a right to vote, six months next preceding the time of voting, and who is really and truly possessed in his own right of real estate in such town or city of the value of one hundred and thirty-four dollars over and above all incumbrances, or which shall rent for seven dollars per annum over and above any rent reserved or the interest of any incumbrances thereon, being an estate in fee-simple, fee-tail, for the life of any person, or an estate in reversion or remainder, which qualifies no other person to vote, the conveyance of which estate, if by deed, shall have been recorded at least ninety days, shall thereafter have a right to vote in the election of all civil officers and on Edition: current; Page: [3225] all questions in all legal town or ward meetings so long as he continues so qualified. And if any person hereinbefore described shall own any such estate within this state out of the town or city in which he resides, he shall have a right to vote in the election of all general officers and members of the general assembly in the town or city in which he shall have had his residence and home for the term of six months next preceding the election, upon producing a certificate from the clerk of the town or city in which his estate lies, bearing date within ten days of the time of his voting, setting forth that such person has a sufficient estate therein to qualify him as a voter; and that the deed, if any, has been recorded ninety days.

Sec. 2. Every male native citizen of the United States, of the age of twenty-one years, who has had his residence and home in this state two years, and in the town or city in which he may offer to vote, six months next preceding the time of voting, whose name is registered pursuant to the act calling the convention to frame this constitution, or shall be registered in the office of the clerk of such town or city at least seven days before the time he shall offer to vote, and before the last day of December in the present year; and who has paid or shall pay a tax or taxes assessed upon his estate within this state, and within a year of the time of voting, to the amount of one dollar, or who shall voluntarily pay, at least seven days before the time he shall offer to vote, and before said last day of December, to the clerk or treasurer of the town or city where he resides, the sum of one dollar, or such sum as with his other taxes shall amount to one dollar, for the support of public schools therein, and shall make proof of the same, by the certificate of the clerk, treasurer, or collector of any town or city where such payment is made: or who, being so registered, has been enrolled in any military company in this state, and done military service or duty therein, within the present year, pursuant to law, and shall (until other proof is required by law) prove by the certificate of the officer legally commanding the regiment, or chartered, or legally authorized volunteer company in which he may have served or done duty, that he has been equipped and done duty according to law, or by the certificate of the commissioners upon military claims, that he has performed military service, shall have a right to vote in the election of all civil officers, and on all questions in all legally organized town or ward meetings, until the end of the first year after the adoption of this constitution, or until the end of the year eighteen hundred and forty-three.

From and after that time, every such citizen who has had the residence herein required, and whose name shall be registered in the town where he resides, on or before the last day of December, in the year next preceding the time of his voting, and who shall show by legal proof, that he has for and within the year next preceding the time he shall offer to vote, paid a tax or taxes assessed against him in any town or city in this state, to the amount of one dollar, or that he has been enrolled in a military company in this state, been equipped and done duty therein according to law, and at least for one day during such year, shall have a right to vote in the election of all civil officers, and on all questions, in all legally organized town or ward meetings: Provided, that no person shall at any time Edition: current; Page: [3226] be allowed to vote in the election of the city council of the city of Providence, or upon any proposition to impose a tax, or for the expenditure of money in any town or city, unless he shall within the year next preceding have paid a tax assessed upon his property therein, valued at least at one hundred and thirty-four dollars.

Sec. 3. The assessors of each town or city shall annually assess upon every person whose name shall be registered a tax of one dollar, or such sum as with his other taxes shall amount to one dollar, which registry tax shall be paid into the treasury of such town or city, and be applied to the support of public schools therein; but no compulsory process shall issue for the collection of any registry tax: Provided, that the registry tax of every person who has performed military duty according to the provisions of the preceding section shall be remitted for the year he shall perform such duty; and the registry tax assessed upon any mariner, for any year while he is at sea, shall, upon his application, be remitted; and no person shall be allowed to vote whose registry tax for either of the two years next preceding the time of voting is not paid or remitted as herein provided.

Sec. 4. No person in the military, naval, marine, or any other service of the United States shall be considered as having the required residence by reason of being employed in any garrison, barrack, or military or naval station in this state: and no pauper, lunatic, person non compos mentis, person under guardianship, or member of the Narragansett tribe of Indians, shall be permitted to be registered or to vote. Nor shall any person convicted of bribery, or of any crime deemed infamous at common law, be permitted to exercise that privilege, until he be expressly restored thereto by act of the general assembly.

Sec. 5. Persons residing on lands ceded by this state to the United States shall not be entitled to exercise the privilege of electors.

Sec. 6. The general assembly shall have full power to provide for a registry of voters, to prescribe the manner of conducting the elections, the form of certificates, the nature of the evidence to be required in case of a dispute as to the right of any person to vote, and generally to enact all laws necessary to carry this article into effect, and to prevent abuse, corruption and fraud in voting.

Article III: OF THE DISTRIBUTION OF POWERS

The powers of the government shall be distributed into three departments: the legislative, executive, and judicial.

Article IV: OF THE LEGISLATIVE POWER

Section 1. This constitution shall be the supreme law of the state, and any law inconsistent therewith shall be void. The general assembly shall pass all laws necessary to carry this constitution into effect.

Sec. 2. The legislative power, under this constitution, shall be vested in two houses, the one to be called the senate, the other the Edition: current; Page: [3227] house of representatives; and both together the general assembly. The concurrence of the two houses shall be necessary to the enactment of laws. The style of their laws shall be, It is enacted by the general assembly as follows:

Sec. 3. There shall be two sessions of the general assembly holden annually: one at Newport, on the first Tuesday of May, for the purposes of election and other business; the other on the last Monday of October, which last session shall be holden at South Kingstown once in two years, and the intermediate years alternately at Bristol and East Greenwich; and an adjournment from the October session shall be holden annually at Providence.

Sec. 4. No member of the general assembly shall take any fee, or be of counsel in any case pending before either house of the general assembly, under penalty of forfeiting his seat, upon proof thereof to the satisfaction of the house of which he is a member.

Sec. 5. The person of every member of the general assembly shall be exempt from arrest, and his estate from attachment in any civil action, during the session of the general assembly, and two days before the commencement and two days after the termination thereof, and all process served contrary hereto shall be void. For any speech in debate in either house, no member shall be questioned in any other place.

Sec. 6. Each house shall be the judge of the elections and qualifications of its members; and a majority 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 prescribed by such house or by law. The organization of the two houses may be regulated by law, subject to the limitations contained in this constitution.

Sec. 7. Each house may determine its rules of proceeding, punish contempts, 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.

Sec. 8. Each house shall keep a journal of its proceedings. The yeas and nays of the members of either house shall, at the desire of one fifth of those present, be entered on the journal.

Sec. 9. Neither house shall, during a session, without the consent of the other, adjourn for more than two days, nor to any other place than that in which they may be sitting.

Sec. 10. The general assembly shall continue to exercise the powers they have heretofore exercised, unless prohibited in this constitution.

Sec. 11. The senators and representatives shall receive the sum of one dollar for every day of attendance, and eight cents per mile for traveling expenses in going to and returning from the general assembly. The general assembly shall regulate the compensation of the governor, and all other officers, subject to the limitations contained in this constitution.

Sec. 12. All lotteries shall hereafter be prohibited in this state, except those already authorized by the general assembly.

Sec. 13. The general assembly shall have no power, hereafter, without the express consent of the people, to incur state debts to an amount exceeding fifty thousand dollars, except in time of war, or in case of insurrection or invasion; nor shall they in any case, without such consent, pledge the faith of the state for the payment of the Edition: current; Page: [3228] obligations of others. This section shall not be construed to refer to any money that may be deposited with this state by the government of the United States.

Sec. 14. The assent of two thirds of the members elected to each house of the general assembly shall be required to every bill appropriating the public money or property for local or private purposes.

Sec. 15. The general assembly shall, from time to time, provide for making new valuations of property, for the assessment of taxes, in such manner as they may deem best. A new estimate of such property shall be taken before the first direct state tax, after the adoption of this constitution, shall be assessed.

Sec. 16. The general assembly may provide by law for the continuance in office of any officers of annual election or appointment, until other persons are qualified to take their places.

Sec. 17. Hereafter, when any bill shall be presented to either house of the general assembly, to create a corporation for any other than for religious, literary, or charitable purposes, or for a military or fire company, it shall be continued until another election of members of the general assembly shall have taken place, and such public notice of the pendency thereof shall be given as may be required by law.

Sec. 18. It shall be the duty of the two houses, upon the request of either, to join in grand committee for the purpose of electing senators in congress, at such times and in such manner as may be prescribed by law for said elections.

Article V: OF THE HOUSE OF REPRESENTATIVES

Section 1. The house of representatives shall never exceed seventy-two members, and shall be constituted on the basis of population, always allowing one representative for a fraction exceeding half the ratio; but each town or city shall always be entitled to at least one member; and no town or city shall have more than one sixth of the whole number of members to which the house is hereby limited. The present ratio shall be one representative to every fifteen hundred and thirty inhabitants, and the general assembly may, after any new census taken by the authority of the United States or of this state, reapportion the representation by altering the ratio; but no town or city shall be divided into districts for the choice of representatives.

Sec. 2. The house of representatives shall have authority to elect its speaker, clerks and other officers. The senior member from the town of Newport, if any be present, shall preside in the organization of the house.

Article VI: OF THE SENATE

Section 1. The senate shall consist of the lieutenant-governor and of one senator from each town or city in the state.

Sec. 2. The governor, and in his absence the lieutenant-governor, shall preside in the senate and in grand committee. The presiding officer of the senate and grand committee shall have a right to vote in case of equal division, but not otherwise.

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Sec. 3. If, by reason of death, resignation, absence, or other cause, there be no governor or lieutenant-governor present, to preside in the senate, the senate shall elect one of their own members to preside during such absence or vacancy; and until such election is made by the senate, the secretary of state shall preside.

Sec. 4. The secretary of state shall, by virtue of his office, be secretary of the senate, unless otherwise provided by law, and the senate may elect such other officers as they may deem necessary.

Article VII: OF THE EXECUTIVE POWER

Section 1. The chief executive power of this state shall be vested in a governor, who, together with a lieutenant-governor, shall be annually elected by the people.

Sec. 2. The governor shall take care that the laws be faithfully executed.

Sec. 3. He shall be captain-general and commander-in-chief of the military and naval forces of this state, except when they shall be called into the service of the United States.

Sec. 4. He shall have power to grant reprieves after conviction, in all cases except those of impeachment, until the end of the next session of the general assembly.

Sec. 5. He may fill vacancies in office not otherwise provided for by this constitution or by law, until the same shall be filled by the general assembly, or by the people.

Sec. 6. In case of disagreement between the two houses of the general assembly, respecting the time or place of adjournment, certified to him by either, he may adjourn them to such time and place as he shall think proper: Provided, that the time of adjournment shall not be extended beyond the day of the next stated session.

Sec. 7. He may, on extraordinary occasions, convene the general assembly at any town or city in this state, at any time not provided for by law; and in case of danger from the prevalence of epidemic or contagious disease, in the place in which the general assembly are by law to meet, or to which they may have been adjourned, or for other urgent reasons, he may by proclamation convene said assembly at any other place within this state.

Sec. 8. All commissions shall be in the name and by authority of the State of Rhode Island and Providence Plantations; shall be sealed with the state seal, signed by the governor and attested by the secretary.

Sec. 9. In case of vacancy in the office of governor, or of his inability to serve, impeachment, or absence from the state, the lieutenant-governor shall fill the office of governor, and exercise the powers and authority appertaining thereto, until a governor is qualified to act or until the office is filled at the next annual election.

Sec. 10. If the offices of governor and lieutenant-governor be both vacant, by reason of death, resignation, impeachment, absence, or otherwise, the person entitled to preside over the senate for the time being shall in like manner fill the office of governor during such absence or vacancy.

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Sec. 11. The compensation of the governor and lieutenant-governor shall be established by law, and shall not be diminished during the term for which they are elected.

Sec. 12. The duties and powers of the secretary, attorney-general, and general treasurer, shall be the same under this constitution as are now established, or as from time to time may be prescribed by law.

Article VIII: OF ELECTIONS

Section 1. The governor, lieutenant-governor, senators, representatives, secretary of state, attorney-general and general treasurer, shall be elected at the town, city, or ward meetings, to be holden on the first Wednesday of April, annually; and shall severally hold their offices for one year, from the first Tuesday of May next succeeding, and until others are legally chosen, and duly qualified to fill their places. If elected or qualified after the said first Tuesday of May, they shall hold their offices for the remainder of the political year, and until their successors are qualified to act.

Sec. 2. The voting for governor, lieutenant-governor, secretary of state, attorney-general, general treasurer and representative to congress, shall be by ballot; senators and representatives to the general assembly, and town or city officers, shall be chosen by ballot, on demand of any seven persons entitled to vote for the same; and in all cases where an election is made by ballot or paper vote, the manner of balloting shall be the same as is now required in voting for general officers, until otherwise prescribed by law.

Sec. 3. The names of the persons voted for as governor, lieutenant-governor, secretary of state, attorney-general and general treasurer shall be placed upon one ticket; and all votes for these officers shall, in open town or ward meetings, be sealed up by the moderators and town clerks and by the warden and ward clerks, who shall certify the same and deliver or send them to the secretary of state; whose duty it shall be securely to keep and deliver the same to the grand committee, after the organization of the two houses at the annual May session; and it shall be the duty of the two houses at said session, after their organization, upon the request of either house, to join in grand committee, for the purpose of counting and declaring said votes, and of electing other officers.

Sec. 4. The town and ward clerks shall also keep a correct list or register of all persons voting for general officers, and shall transmit a copy thereof to the general assembly, on or before the first day of said May session.

Sec. 5. The ballots for senators and representatives in the several towns shall, in each case, after the polls are declared to be closed, be counted by the moderator, who shall announce the result, and the clerk shall give certificates to the persons elected. If, in any case, there be no election, the polls may be reopened, and the like proceedings shall be had until an election shall take place: Provided, however, that an adjournment or adjournments of the election may be made to a time not exceeding seven days from the first meeting.

Sec. 6. In the city of Providence, the polls for senator and representatives shall be kept open during the whole time of voting for the day, and the votes in the several wards shall be sealed up at the close Edition: current; Page: [3231] of the meeting by the wardens and ward clerks in open ward meeting, and afterwards delivered to the city clerk. The mayor and aldermen shall proceed to count said votes within two days from the day of election; and if no election of senator and representatives, or if an election of only a portion of the representatives shall have taken place, the mayor and aldermen shall order a new election, to be held not more than ten days from the day of the first election, and so on until the election shall be completed. Certificates of election shall be furnished by the city clerk to the persons chosen.

Sec. 7. If no person shall have a majority of votes for governor, it shall be the duty of the grand committee to elect one by ballot from the two persons having the highest number of votes for the office, except when such a result is produced by rejecting the entire vote of any town, city, or ward, for informality or illegality, in which case a new election by the electors throughout the state shall be ordered; and in case no person shall have a majority of votes for lieutenant-governor, it shall be the duty of the grand committee to elect one by ballot from the two persons having the highest number of votes for the office.

Sec. 8. In case an election of the secretary of state, attorney-general, or general treasurer, should fail to be made by the electors at the annual election, the vacancy or vacancies shall be filled by the general assembly in grand committee, from the two candidates for such office having the greatest number of the votes of the electors. Or, in case of a vacancy in either of said offices from other causes, between the sessions of the general assembly, the governor shall appoint some person to fill the same until a successor elected by the general assembly is qualified to act; and in such case, and also in all other cases of vacancies not otherwise provided for, the general assembly may fill the same in any manner they may deem proper.

Sec. 9. Vacancies from any cause in the senate or house of representatives may be filled by a new election.

Sec. 10. In all elections held by the people under this constitution, a majority of all the electors voting shall be necessary to the election of the persons voted for.

Article IX: OF QUALIFICATIONS FOR OFFICE

Section 1. No person shall be eligible to any civil office, (except the office of school committee,) unless he be a qualified elector for such office.

Sec. 2. Every person shall be disqualified from holding any office to which he may have been elected, if he be convicted of having offered, or procured any other person to offer, any bribe to secure his election, or the election of any other person.

Sec. 3. All general officers shall take the following engagement before they act in their respective offices, to wit: You being by the free vote of the electors of this State of Rhode Island and Providence Plantations, elected unto the place of do solemnly swear (or affirm) to be true and faithful unto this state, and to support the constitution of this state and of the United States; that you will faithfully and impartially discharge all the duties of your Edition: current; Page: [3232] aforesaid office to the best of your abilities, according to law: So help you God. Or, this affirmation you make and give upon the peril of the penalty of perjury.

Sec. 4. The members of the general assembly, the judges of all the courts, and all other officers, both civil and military, shall be bound by oath or affirmation to support this constitution, and the constitution of the United States.

Sec. 5. The oath or affirmation shall be administered to the governor, lieutenant-governor, senators and representatives, by the secretary of state, or, in his absence, by the attorney-general. The secretary of state, attorney-general, and general treasurer shall be engaged by the governor, or by a justice of the supreme court.

Sec. 6. No person holding any office under the government of the United States, or of any other state or country, shall act as a general officer, or as a member of the general assembly, unless at the time of taking his engagement he shall have resigned his office under such government; and if any general officer, senator, representative or judge shall, after his election and engagement, accept any appointment under any other government, his office under this shall be immediately vacated; but this restriction shall not apply to any person appointed to take depositions or acknowledgment of deeds, or other legal instruments, by the authority of any other state or country.

Article X: OF THE JUDICIAL POWER

Section 1. The judicial power of this state shall be vested in one suprement court, and in such inferior courts as the general assembly may, from time to time, ordain and establish.

Sec. 2. The several courts shall have such jurisdiction as may from time to time be prescribed by law. Chancery powers may be conferred on the supreme court, but on no other court to any greater extent than is now provided by law.

Sec. 3. The judges of the supreme court shall, in all trials, instruct the jury in the law. They shall also give their written opinion upon any question of law whenever requested by the governor, or by either house of the general assembly.

Sec. 4. The judges of the supreme court shall be elected by the two houses in grand committee. Each judge shall hold his office until his place be declared vacant by a resolution of the general assembly to that effect; which resolution shall be voted for by a majority of all the members elected to the house in which it may originate, and be concurred in by the same majority of the other house. Such resolution shall not be entertained at any other than the annual session for the election of public officers; and in default of the passage thereof at said session, the judge shall hold his place as is herein provided. But a judge of any court shall be removed from office if, upon impeachment, he shall be found guilty of any official misdemeanor.

Sec. 5. In case of vacancy by death, resignation, removal from the state or from office, refusal or inability to serve, of any judge of the supreme court, the office may be filled by the grand committee, until Edition: current; Page: [3233] the next annual election, and the judge then elected shall hold his office as before provided. In cases of impeachment or temporary absence, or inability, the governor may appoint a person to discharge the duties of the office during the vacancy caused thereby.

Sec. 6. The judges of the supreme court shall receive a compensation for their services, which shall not be diminished during their continuance in office.

Sec. 7. The towns of New Shoreham and Jamestown may continue to elect their wardens as heretofore. The other towns and the city of Providence may elect such number of justices of the peace, resident therein, as they may deem proper. The jurisdiction of said justices and wardens shall be regulated by law. The justices shall be commissioned by the governor.

Article XI: OF IMPEACHMENTS

Section 1. The house of representatives shall have the sole power of impeachment. A vote of two thirds of all the members elected shall be required for an impeachment of the governor. Any officer impeached shall thereby be suspended from office until judgment in the case shall have been pronounced.

Sec. 2. All impeachments shall be tried by the senate; and when sitting for that purpose, they shall be under oath or affirmation. No person shall be convicted except by vote of two thirds of the members elected. When the governor is impeached, the chief or presiding justice of the supreme court, for the time being, shall preside, with a casting vote in all preliminary questions.

Sec. 3. The governor and all other executive and judicial officers shall be liable to impeachment; but judgment in such cases shall not extend further than to removal from office. The person convicted shall, nevertheless, be liable to indictment, trial, and punishment, according to law.

Article XII: OF EDUCATION

Section 1. The diffusion of knowledge, as well as of virtue, among the people, being essential to the preservation of their rights and liberties, it shall be the duty of the general assembly to promote public schools, and to adopt all means which they may deem necessary and proper to secure to the people the advantages and opportunities of education.

Sec. 2. The money which now is or which may hereafter be appropriated by law for the establishment of a permanent fund for the support of public schools, shall be securely invested, and remain a perpetual fund for that purpose.

Sec. 3. All donations for the support of public schools, or for other purposes of education, which may be received by the general assembly, shall be applied according to the terms prescribed by the donors.

Sec. 4. The general assembly shall make all necessary provisions by law for carrying this article into effect. They shall not divert Edition: current; Page: [3234] said money or fund from the aforesaid uses, nor borrow, appropriate, or use the same, or any part there of, for any other purpose, under any pretense whatsoever.

Article XIII: OF AMENDMENTS

The general assembly may propose amendments to this constitution by the votes of a majority of all the members elected to each house. Such propositions for amendment shall be published in the newspapers, and printed copies of them shall be sent by the secretary of state, with the names of all the members who shall have voted thereon, with the yeas and nays, to all the town and city clerks in the state. The said propositions shall be, by said clerks, inserted in the warrants or notices by them issued, for warning the next annual town and ward meetings in April; and the clerks shall read said propositions to the electors when thus assembled, with the names of all the representatives and senators who shall have voted thereon, with the yeas and nays, before the election of senators and representatives shall be had. If a majority of all the members elected to each house, at said annual meeting, shall approve any proposition thus made, the same shall be published and submitted to the electors in the mode provided in the act of approval; and if then approved by three fifths of the electors of the state present and voting thereon in town and ward meetings, it shall become a part of the constitution of the state.

Article XIV: OF THE ADOPTION OF THIS CONSTITUTION

Section 1. This constitution, if adopted, shall go into operation on the first Tuesday of May, in the year one thousand eight hundred and forty-three. The first election of governor, lieutenant-governor, secretary of state, attorney-general and general treasurer, and of senators and representatives under said constitution, shall be had on the first Wednesday of April next preceding, by the electors qualified under said constitution. And the town and ward meetings therefor shall be warned and conducted as is now provided by law. All civil and military officers now elected, or who shall hereafter be elected, by the general assembly, or other competent authority before the said first Wednesday of April, shall hold their offices and may exercise their powers until the said first Tuesday of May, or until their successors shall be qualified to act. All statutes, public and private, not repugnant to this constitution, shall continue in force until they expire by their own limitation, or are repealed by the general assembly. All charters, contracts, judgments, actions and rights of action shall be as valid as if this constitution had not been made. The present government shall exercise all the powers with which it is now clothed, until the said first Tuesday of May, one thousand eight hundred and forty-three, and until the government under this constitution is duly organized.

Sec. 2. All debts contracted and engagements entered into, before the adoption of this constitution, shall be as valid against the state as if this constitution had not been adopted.

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Sec. 3. The supreme court, established by this constitution, shall have the same jurisdiction as the supreme judicial court at present established, and shall have jurisdiction of all causes which may be appealed to, or pending in the same; and shall be held at the same times and places, and in each county, as the present supreme judicial court, until otherwise prescribed by the general assembly.

Sec. 4. The towns of New Shoreham and Jamestown shall continue to enjoy the exemptions from military duty which they now enjoy, until otherwise prescribed by law.

Done in convention, at East Greenwich, this fifth day of November, ad, one thousand eight hundred and forty-two.

James Fenner, President.
Henry Y. Cranston, Vice-Pres’t.
Thomas A. Jenckes,
Walter W. Updike,
Secretaries.

ARTICLES OF AMENDMENT

Article I

It shall not be necessary for the town or ward clerks to keep and transmit to the general assembly a list or register of all persons voting for general officers; but the general assembly shall have power to pass such laws on the subject as they may deem expedient.

Article II

The governor, by and with the advice and consent of the senate, shall hereafter exclusively exercise the pardoning power, except in cases of impeachment, to the same extent as such power is now exercised by the general assembly.

Article III

There shall be one session of the general assembly, holden annually, commencing on the last Tuesday in May, at Newport, and an adjournment from the same shall be holden annually at Providence.

Article IV

Electors in this state who, in time of war, are absent from the state, in the actual military service of the United States, being otherwise qualified, shall have a right to vote in all elections in the state for electors of president and vice-president of the United States, representatives in congress, and general officers of the state. The general assembly shall have full power to provide by law for carrying this article into effect; and until such provision shall be made by law, every such absent elector on the day of such elections, may deliver a Edition: current; Page: [3236] written or printed ballot, with the names of the persons voted for thereon, and his christian and surname, and his voting residence in the state, written at length on the back thereof, to the officer commanding the regiment or company to which he belongs; and all such ballots, certified by such commanding officer to have been given by the elector whose name is written thereon, and returned by such commanding officer to the secretary of state within the time prescribed by law for counting the votes in such elections, shall be received and counted with the same effect as if given by such elector in open town, ward, or district meeting; and the clerk of each town or city, until otherwise provided by law, shall, within five days after any such election, transmit to the secretary of state a certified list of the names of all such electors on their respective voting lists.

Article V

The manufacture and sale of intoxicating liquors to be used as a beverage shall be prohibited. The general assembly shall provide by law for carrying this article into effect.

Article VI

All soldiers and sailors of foreign birth, citizens of the United States, who served in the army or navy of the United States from this state in the late civil war, and who were honorably discharged from such service, shall have the right to vote on all questions in all legally organized town, district or ward meetings, upon the same conditions and under and subject to the same restrictions as native born citizens.

Article VII

Section 1. Every male citizen of the United States of the age of twenty-one years who has had his residence and home in this state for two years, and in the town or city in which he may offer to vote six months next preceding the time of his voting, and whose name shall be registered in the town or city where he resides on or before the last day of December, in the year next preceding the time of his voting, shall have a right to vote in the election of all civil officers and on all questions in all legally organized town or ward meetings: Provided, that no person shall at any time be allowed to vote in the election of the city council of any city, or upon any proposition to impose a tax, or for the expenditure of money in any town or city, unless he shall within the year next preceding have paid a tax assessed upon his property therein, valued at least at one hundred and thirty-four dollars.

Sec. 2. The assessors of each town and city shall annually assess upon every person, who, if registered, would be qualified to vote, a tax of $1, or such sum as with his other taxes shall amount to $1, which tax shall be paid into the treasury of such town or city and be Edition: current; Page: [3237] applied to the support of the public schools therein: Provided, that such tax assessed upon any person who has performed military duty shall be remitted for the year he shall perform such duty; and said tax asesssed upon any mariner for any year while he is at sea, or upon any person who by reason of extreme poverty is unable to pay said tax, shall upon application of such mariner or person be remitted. The general assembly shall have power to provide by law for the collection and remission of said tax.

Sec. 3. This amendment shall take in the constitution of the state, the place of sections 2 and 3 of article II, “Of the qualification of electors,” which said sections are hereby annulled.

Article VIII

Article V of the amendments to the constitution of this state is hereby annulled.

Article IX

Section 1. Hereafter the general assembly may provide by general law for the creation and control of corporations: Provided, however, that no corporation shall be created with the power to exercise the right of eminent domain, or to acquire franchises in the streets and highways of towns and cities, except by special act of the general assembly upon a petition for the same, the pendency whereof shall be notified as may be required by law.

Sec. 2. This amendment shall take in the constitution of the state the place of section 17 of article IV, “Of the legislative power,” and shall be deemed to be in amendment of said section and article.

Article X

Section 1. In all elections held by the people for state, city, town, ward, or district officers, the person or candidate receiving the largest number of votes cast shall be declared elected.

Sec. 2. This amendment shall take in the constitution of the state the place of section 10 of article VIII, “Of elections,” which said section is hereby annulled.

Article XI

Section 1. There shall be a session of the general assembly at Providence commencing on the first Tuesday of January in each year. The senators and representatives shall severally receive the sum of five dollars, and the speaker of the house of representatives ten dollars, for every day of actual attendance, and eight cents per Edition: current; Page: [3238] mile for traveling expenses in going to and returning from the general assembly: Provided, that no compensation or mileage shall be allowed any senator or representative for more than sixty days attendance in any calendar year. The general assembly shall regulate the compensation of the governor and of all other officers, subject to the limitations contained in the constitution.

Sec. 2. The governor, lieutenant-governor, secretary of state, attorney-general, general treasurer, and senators and representatives in the general assembly shall be elected at town, ward, and district meetings on the Tuesday next after the first Monday in November annually, commencing ad 1901, and shall severally hold their offices for one year from the first Tuesday of January next succeeding their election, and until their successors are elected and qualified.

Sec. 3. When the governor elect shall die, remove from the state, refuse to serve, become insane, or be otherwise incapacitated, the lieutenant-governor elect shall be qualified as governor at the beginning of the term for which he was elected. When both the governor and lieutenant-governor elect, or either the lieutenant-governor, secretary of state, attorney-general, or general treasurer elect are so incapacitated, or when there has been a failure to elect any one or more of the officers mentioned in this section, the general assembly shall upon its organization meet in grand committee and elect some person or persons to fill the office or offices, as the case may be, for which such incapacity exists or as to which such failure to elect occurred. When the general assembly shall elect any of said officers because of the failure of any person to receive a plurality of the votes cast, the election in each case shall be made from the persons who received the same and largest number of votes.

Sec. 4. If the offices of governor and lieutenant-governor be both vacant, by reason of death or otherwise, they shall be filled by the general assembly in grand committee, and the acting governor shall, if the general assembly is not then in session, call a special session thereof for that purpose within twenty days after both of said offices become vacant if a stated session is not sooner to occur.

Sec. 5. In case of a vacancy in the office of secretary of state, attorney-general, or general treasurer from any cause, the general assembly in grand committee shall elect some person to fill the same: Provided, that if such vacancy occurs when the general assembly is not in session the governor shall appoint some person to fill such vacancy until a successor elected by the general assembly is qualified to act.

Sec. 6. When a senator or representative elect shall die, remove from the state, refuse to serve, become insane, or be otherwise incapacitated, or when at an election for any senator or representative no person shall receive a plurality of the votes cast, a new election shall be held. A vacancy in the senate or house of representatives shall be filled at a new election. The general assembly shall provide by general law for the holding of such elections at such times as to insure that each town and city shall be fully represented in the general assembly during the whole of every session thereof so far as is practicable. Every person elected in accordance with this section shall hold his office for the remainder of the term or for the full term, as the case may be, of the office which he is elected to fill, and until his successor is elected and qualified.

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Sec. 7. In elections by the general assembly in grand committee the person receiving a majority of the votes shall be elected. Every person elected by the general assembly to fill a vacancy, or pursuant to section 3 of this article, shall hold his office for the remainder of the term or for the full term, as the case may be, and until his successor is elected and qualified.

Sec. 8. A quorum of the grand committee shall consist of a majority of all the members of the senate and a majority of all the members of the house of representatives duly assembled pursuant to an invitation from one of said bodies which has been accepted by the other, and the acceptance of which has been communicated by message to the body in which such invitation originated, and each house shall be attended by its secretaries and clerks. No act or business of any kind shall be done in grand committee other than that which is distinctly specified in the invitation by virtue of which such grand committee is assembled, except to take a recess or to dissolve: Provided, that the grand committee may appoint a sub-committee of its own members to count any ballots delivered to it and report the result of such count.

Sec. 9. The governor, lieutenant-governor, secretary of state, attorney-general, general treasurer, and senators and representatives in the general assembly in office when this amendment goes into effect shall continue to hold their offices, with the powers and duties and subject to the limitations prescribed therein for like officers, until the first Tuesday in January, ad 1902, and until their successors are elected and qualified. Vacancies in their number from any cause shall be filled in the manner which is prescribed by law at the time of their occurrence. All officers who by the provisions of this amendment are continued in office beyond the stated time for which they were elected or appointed shall receive a pro rata compensation for their increased term of service, based upon the compensation provided for in this amendment or by law.

Sec. 10. The first election of officers named in the next preceding section under this amendment shall be held upon the Tuesday next after the first Monday in November, ad 1901. The town, ward, and district meetings therefor shall be warned and conducted, and the result thereof determined, authenticated, and declared, in the manner at that time prescribed by law, and the persons then elected shall hold their offices from the said first Tuesday in January, ad 1902, and thereafter until their successors are elected and qualified.

Sec. 11. The general assembly shall provide by law for the registration necessary to qualify persons to vote at said first election, which registration shall close on the last day of June, ad 1901, and after the adoption of this amendment no person of whom registration is or may be required by law shall be permitted to vote unless his name shall have been registered in the town or city where he resides on or before the last day of June next preceding the time of his voting. For all elections by the people held before said Tuesday next after the first Monday in November, ad 1901, the qualifications of the electors shall be such as were required by the constitution and laws existing at the time of the adoption of this amendment.

Sec. 12. This amendment shall take in the constitution of the state the place of sections 1, 2, 3, 4, 5, 6, 7, 8, and 9 of article VIII, “Of elections;” and of section 11 of article IV, “Of the legislative Edition: current; Page: [3240] power;” and of article III of the amendments to the constitution; which said article and sections, and all other provisions of the constitution inconsistent herewith, are hereby annulled.

Article XII

Section 1. The supreme court shall have final revisory and appellate jurisdiction upon all questions of law and equity. It shall have power to issue prerogative writs, and shall also have such other jurisdiction as may, from time to time, be prescribed by law. A majority of its judges shall always be necessary to constitute a quorum. The inferior courts shall have such jurisdiction as may, from time to time, be prescribed by law.

Sec. 2. The judges of the supreme court shall give their written opinion upon any question of law whenever requested by the governor or by either house of the general assembly.

Sec. 3. Sections 1 and 2 of this amendment shall take, in the constitution of the state, the place of sections 2 and 3 of article X, entitled “Of the judicial power,” which sections are hereby annulled.

Sec. 4. Section 3 of article XIV of the constitution of the state, entitled “Of the adoption of this constitution,” is hereby annulled.

Sec. 5. The general assembly shall provide by law for carrying this amendment into effect, and until such provision shall be made, the supreme court, as organized at the time of the adoption of this amendment, shall continue to have and exercise the same powers and jurisdictions which it shall then have under such organization.

SAMOA

(See Tutuila, page 3675.)

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SOUTH CAROLINA

For organic acts relating to the lands now included within South Carolina see in other parts of this work:

Charter to Raleigh, 1584 (p. 53).
Charter of Virginia, 1606 (Virginia, p. 3783).
Charter of Virginia, 1609 (Virginia, p. 3790).
Charter of Virginia, 1612 (Virginia, p. 3802).
Ordinances for Virginia, 1621 (Virginia, p. 3810).

CONSTITUTION OF SOUTH CAROLINA—1776*a

Whereas the British Parliament, claiming of late years a right to bind the North American colonies by law in all cases whatsoever, have enacted statutes for raising a revenue in those colonies and disposing of such revenue as they thought proper, without the consent and against the will of the colonists. And whereas it appearing to them that (they not being represented in Parliament) such claim was altogether unconstitutional, and, if admitted, would at once reduce them from the rank of freemen to a state of the most abject slavery; the said colonies, therefore, severally remonstrated against the passing, and petitioned for the repeal, of those acts, but in vain; and whereas the said claim being persisted in, other unconstitutional and oppressive statutes have been since enacted by which the powers of admiralty courts in the colonies are extended beyond their ancient limits, and jurisdiction is given to such courts in cases similar to those which in Great Britain are triable by jury; persons are liable to be sent to and tried in Great Britain for an offence created and made capital by one of those statutes, though committed in the colonies; the harbor of Boston was blocked up; people indicted for murder in the Massachusetts Bay may, at the will of a governor, be sent for trial to any other colony, or even to Great Britain; the chartered constitution of government in that colony is materially altered; the English laws and a free government, to which the inhabitants of Quebec were entitled by the King’s royal proclamation, are abolished and French laws are restored; the Roman Catholic religion (although before tolerated and freely exercised there) and an absolute government are established in that province, and its limits extended through a vast tract of country so as to border on the free Protestant English settlements, with design of using a whole people Edition: current; Page: [3242] differing in religious principles from the neighboring colonies, and subject to arbitrary power, as fit instruments to overawe and subdue the colonies. And whereas the delegates of all the colonies on this continent, from Nova Scotia to Georgia, assembled in a general Congress at Philadelphia, in the most dutiful manner laid their complaints at the foot of the throne, and humbly implored their sovereign that his royal authority and interposition might be used for their relief from the grievances occasioned by those statutes, and assured His Majesty that harmony between Great Britain and America, ardently desired by the latter, would be thereby immediately restored, and that the colonists confided in the magnanimity and justice of the King and Parliament for redress of the many other grievances under which they labored. And whereas these complaints being wholly disregarded, statutes still more cruel than those above mentioned have been enacted, prohibiting the intercourse of the colonies with each other, restricting their trade, and depriving many thousands of people of the means of subsistence, by restraining them from fishing on the American coast. And whereas large fleets and armies having been sent to America in order to enforce the execution of those laws, and to compel an absolute and implicit submission to the will of a corrupt and despotic administration, and in consequence thereof, hostilities having been commenced in the Massachusetts Bay, by the troops under command of General Gage, whereby a number of peaceable, helpless, and unarmed people were wantonly robbed and murdered, and there being just reason to apprehend that like hostilities would be committed in all the other colonies. The colonists were therefore driven to the necessity of taking up arms, to repel force by force, and to defend themselves and their properties against lawless invasions and depredations. Nevertheless, the delegates of the said colonies assembled in another Congress at Philadelphia, anxious to procure a reconciliation with Great Britain upon just and constitutional principles, supplicated His Majesty to direct some mode by which the united applications of his faithful colonists might be improved into a happy and permanent reconciliation, that in the mean time measures might be taken for preventing the further destruction of their lives, and that such statutes as immediately distressed any of the colonists might be repealed. And whereas, instead of obtaining that justice, to which the colonists were and are of right entitled, the unnatural civil war into which they were thus precipitated and are involved, hath been prosecuted with unremitted violence, and the governors and others bearing the royal commission in the colonies having broken the most solemn promises and engagements, and violated every obligation of honor, justice, and humanity, have caused the persons of divers good people to be seized and imprisoned, and their properties to be forcibly taken and detained, or destroyed, without any crime or forfeiture; excited domestic insurrections; proclaimed freedom to servants and slaves, enticed or stolen them from, and armed them against their masters; instigated and encouraged the Indian nations to war against the colonies; dispensed with the law of the land, and substituted the law martial in its stead; killed many of the colonists; burned several towns, and threatened to burn the rest, and daily endeavor by a conduct which has sullied the British arms, and would disgrace even savage nations, to effect the ruin and destruction of the colonies; and whereas a Edition: current; Page: [3243] statute hath been lately passed, whereby, under pretence that the said colonies are in open rebellion, all trade and commerce whatsoever with them is prohibited; vessels belonging to their inhabitants trading in, to, or from the said colonies, with the cargoes and effects on board such vessels, are made lawful prize, and the masters and crews of such vessels are subjected by force to act on board the King’s ships against their country and dearest friends; and all seizures and detention or destruction of the persons and properties of the colonists which have at any time been made or committed for withstanding or suppressing the said pretended rebellion, and which shall be made in pursuance of the said act, or for the service of the public, are justified, and persons suing for damages in such cases are, on failing in their suits, subjected to payment of very heavy expenses. And whereas large reënforcements of troops and ships have been ordered and are daily expected in America for carrying on war against each of the united colonies by the most vigorous exertions. And whereas in consequence of a plan recommended by the governors, and which seems to have been concerted between them and their ministerial masters to withdraw the usual officers and thereby loosen the bands of government and create anarchy and confusion in the colonies. Lord William Campbell, late governor, on the fifteenth day of September last, dissolved the general assembly of this colony, and no other hath been since called, although by law the sitting and holding of general assemblies cannot be intermitted above six months, and having used his utmost efforts to destroy the lives, liberties, and properties of the good people here, whom by the duty of his station he was bound to protect, withdrew himself from the colony and carried off the great seal and the royal instructions to governors. And whereas the judges of courts of law here have refused to exercise their respective functions, so that it is become indispensably necessary that during the present situation of American affairs, and until an accommodation of the unhappy differences between Great Britain and America can be obtained, (an event which, though traduced and treated as rebels, we still earnestly desire,) some mode should be established by common consent, and for the good of the people, the origin and end of all governments, for regulating the internal polity of this colony. The congress being vested with powers competent for the purpose, and having fully deliberated touching the premises, do therefore resolve:

I. That this congress being a full and free representation of the people of this colony, shall henceforth be deemed and called the general assembly of South Carolina, and as such shall continue until the twenty-first day of October next, and no longer.

II. That the general assembly shall, out of their own body, elect by ballot a legislative council, to consist of thirteen members, (seven of whom shall be a quorum,) and to continue for the same time as the general assembly.

III. That the general assembly and the said legislative council shall jointly choose by ballot from among themselves, or from the people at large, a president and commander-in-chief and a vice-president of the colony.

IV. That a member of the general assembly being chosen and acting as president and commander-in-chief, or vice-president, or one of the legislative council shall vacate his seat in the general assembly and Edition: current; Page: [3244] another person shall be elected in his room; and if one of the legislative council is chosen president and commander-in-chief or vice-president, he shall lose his seat and another person shall be elected in his stead.

V. That there be a privy council, whereof the vice-president of the colony shall of course be a member and president of the privy council, and that six other members be chosen by ballot, three by the general assembly, and three by the legislative council: Provided always, That no officer in the army or navy in the service of the continent, or of this colony, shall be eligible. And a member of the general assembly, or of the legislative council, being chosen of the privy council, shall not thereby lose his seat in the general assembly, or in the legislative council, unless he be elected vice-president of the colony, in which case he shall, and another person shall be chosen in his stead. The privy council (of which four to be a quorum) to advise the president and commander-in-chief when required, but he shall not be bound to consult them, unless in cases after mentioned.

VI. That the qualifications of president and commander-in-chief, and vice-president of the colony, and members of the legislative and privy council, shall be the same as of members of the general assembly, and on being elected they shall take an oath of qualification in the general assembly.

VII. That the legislative authority be vested in the president and commander-in-chief, the general assembly and legislative council. All money-bills for the support of government shall originate in the general assembly, and shall not be altered or amended by the legislative council, but may be rejected by them. All other bills and ordinances may take rise in the general assembly or legislative council, and may be altered, amended, or rejected by either. Bills having passed the general assembly and legislative council may be assented to or rejected by the president and commander-in-chief. Having received his assent, they shall have all the force and validity of an act of general assembly of this colony. And the general assembly and legislative council, respectively, shall enjoy all other privileges which have at any time been claimed or exercised by the commons house of assembly, but the legislative council shall have no power of expelling their own members.

VIII. That the general assembly and legislative council may adjourn themselves respectively, and the president and commander-in-chief shall have no power to adjourn, prorogue, or dissolve them, but may, if necessary, call them before the time to which they shall stand adjourned. And where a bill has been rejected, it may, on a meeting after adjournment of not less than three days of the general assembly and legislative council, be brought in again.

IX. That the general assembly and legislative council shall each choose their respective speakers and their own officers without control.

X. That if a member of the general assembly or of the legislative council shall accept any place of emolument or any commission except in the militia, he shall vacate his seat, and there shall thereupon be a new election, but he shall not be disqualified from serving upon being reëlected.

XI. That on the last Monday in October next, and the day following, and on the same days of every second year thereafter, members Edition: current; Page: [3245] of the general assembly shall be chosen, to meet on the first Monday in December then next, and continue for two years from the said last Monday in October. The general assembly to consist of the same number of members as this congress does, each parish and district having the same representation as at present, viz: the parish of Saint Philip and Saint Michael, Charlestown, thirty members; the parish of Christ Church, six members; the parish of Saint John, in Berkely County, six members; the parish of Saint Andrew, six members; the parish of Saint George Dorchester, six members; the parish of Saint James Goose Creek, six members; the parish of Saint Thomas and Saint Dennis, six members; the parish of Saint Paul, six members; the parish of Saint Bartholemew, six members; the parish of Saint Helena, six members; the parish of Saint James Santee, six members; the parish of Prince George, Winyaw, six members; the parish of Prince Frederick, six members; the parish of Saint John, in Colleton County, six members; the parish of Saint Peter, six members; the parish of Prince William, six members; the parish of Saint Stephen, six members; the district to the eastward of Wateree River, ten members; the district of Ninety-six, ten members; the district of Saxe Gotha, six members; the district between Broad and Saluda Rivers, in three divisions, viz: the Lower district, four members; the Little River district, four members; the Upper or Spartan district, four members; the district between Broad and Catawba Rivers, ten members; the district called the New Acquisition, ten members; the parish of Saint Mathew, six members; the parish of Saint David, six members; the district between Savannah River and the North Fork of Edisto, six members. And the election of the said members shall be conducted as near as may be agreeable to the directions of the election act, and where there are no churches or church wardens in a district or parish, the general assembly, at some convenient time before their expiration, shall appoint places of election and persons to receive votes and make returns. The qualifications of electors shall be the same as required by law, but persons having property, which, according to the rate of the last preceding tax, is taxable at the sums mentioned in the election act, shall be entitled to vote, though it was no actually taxed, having the other qualifications mentioned in that act; electors shall take an oath of qualification, if required by the returning-officer. The qualification of the elected to be the same as mentioned in the election act, and construed to mean clear of debt.

XII. That if any parish or district neglects or refuses to elect members, or if the members chosen do not meet in general assembly, those who do meet shall have the powers of a general assembly; not less than forty-nine members shall make a house to do business, but the speaker or any seven members may adjourn from day to day.

XIII. That as soon as may be, after the first meeting of the general assembly, a president and commander-in-chief, a vice-president of the colony and privy council, shall be chosen in manner and for the time above mentioned, and till such choice be made the former president and commander-in-chief and vice-president of the colony and privy council shall continue to act as such.

XIV. That in case of the death of the president and commander-in-chief, or his absence from the colony, the vice-president of the colony shall succeed to his office, and the privy council shall choose Edition: current; Page: [3246] out of their own body a vice-president of the colony, and in case of the death of the vice-president of the colony, or his absence from the colony, one of the privy council (to be chosen by themselves) shall succeed to his office, until a nomination to those offices, respectively, by the general assembly and legislative council for the remainder of the time for which the officer so dying or being absent was appointed.

XV. That the delegates of this colony in the Continental Congress be chosen by the general assembly and legislative council jointly by ballot in the general assembly.

XVI. That the vice-president of the colony and the privy council, or the vice-president and a majority of the privy council for the time being, shall exercise the powers of a court of chancery, and there shall be an ordinary who shall exercise the powers heretofore exercised by that officer in this colony.

XVII. That the jurisdiction of the court of admiralty be confined to maritime causes.

XVIII. That all suits and process depending in any court of law or equity may, if either party shall be so inclined, be proceeded in and continued to a final ending, without being obliged to commence de novo. And the judges of the courts of law shall cause jury-lists to be made, and juries to be summoned, as near as may be, according to the directions of the acts of the general assembly in such cases provided.

XIX. That justices of the peace shall be nominated by the general assembly and commissioned by the president and commander-in-chief, during pleasure. They shall not be entitled to fees except on prosecutions for felony, and not acting in the magistracy, they shall not be entitled to the privileges allowed to them by law.

XX. That all other judicial officers shall be chosen by ballot, jointly by the general assembly and legislative council, and except the judges of the court of chancery, commissioned by the president and commander-in-chief, during good behavior, but shall be removed on address of the general assembly and legislative council.

XXI. That sheriffs, qualified as by law directed, shall be chosen in like manner by the general assembly and legislative council, and commissioned by the president and commander-in-chief, for two years only.

XXII. That the commissioners of the treasury, the secretary of the colony, register of mesne conveyances, attorney-general, and powder-receiver, be chosen by the general assembly and legislative council, jointly by ballot, and commissioned by the president and commander-in-chief during good behavior, but shall be removed on address of the general assembly and legislative council.

XXIII. That all field-officers in the army, and all captains in the navy, shall be, by the general assembly and legislative council, chosen jointly by ballot, and commissioned by the president and commander-in-chief, and that all other officers in the army or navy shall be commissioned by the president and commander-in-chief.

XXIV. That in case of vacancy in any of the offices above directed to be filled by the general assembly and legislative council, the president and commander-in-chief, with the advice and consent of the privy council, may appoint others in their stead, until there shall be an election by the general assembly and legislative council to fill their vacancies respectively.

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XXV. That the president and commander-in-chief, with the advice and consent of the privy council, may appoint during pleasure, until otherwise directed by resolution of the general assembly and legislative council, all other necessary officers, except such as are by law directed to be otherwise chosen.

XXVI. That the president and commander-in-chief shall have no power to make war or peace, or enter into any final treaty, without the consent of the general assembly and legislative council.

XXVII. That if any parish or district shall neglect to elect a member or members on the day of election, or in case any person chosen a member of the general assembly shall refuse to qualify and take his seat as such, or die or depart the colony, the said general assembly shall appoint proper days for electing a member or members of the said general assembly in such cases respectively; and on the death of a member of the legislative or privy council, another member shall be chosen in his room, in manner above mentioned, for the election of members of the legislative and privy council respectively.

XXVIII. That the resolutions of the Continental Congress, now of force in this colony, shall so continue until altered or revoked by them.

XXIX. That the resolutions of this or any former congress of this colony, and all laws now of force here, (and not hereby altered,) shall so continue until altered or repealed by the legislature of this colony, unless where they are temporary, in which case they shall expire at the times respectively limited for their duration.

XXX. That the executive authority be vested in the president and commander-in-chief, limited and restrained as aforesaid.

XXXI. That the president and commander-in-chief, the vice-president of the colony, and privy council, respectively, shall have the same personal privileges as are allowed by act of assembly to the governor, lieutenant-governor, and privy council.

XXXII. That all persons now in office shall hold their commissions until there shall be a new appointment in manner above directed, at which time all commissions not derived from authority of the congress of this colony shall cease and be void.

XXXIII. That all persons who shall be chosen and appointed to any office or to any place of trust, before entering upon the execution of office, shall take the following oath: “I, A. B., do swear that I will, to the utmost of my power, support, maintain, and defend the constitution of South Carolina, as established by Congress on the twenty-sixth day of March, one thousand seven hundred and seventy-six, until an accommodation of the differences between Great Britain and America shall take place, or I shall be released from this oath by the legislative authority of the said colony: So help me God.” And all such persons shall also take an oath of office.

XXXIV. That the following yearly salaries be allowed to the public officers undermentioned: The president and commander-in-chief, nine thousand pounds; the chief justice and the assistant judges, the salaries, respectively, as by act of assembly established; the attorney-general, two thousand one hundred pounds, in lieu of all charges against the public for fees upon criminal prosecutions; the ordinary, one thousand pounds; the three commissioners of the treasury, two thousand pounds each; and all other public officers shall have the Edition: current; Page: [3248] same salaries as are allowed such officers, respectively, by act of assembly.

By order of the congress, March 26, 1776.

William Henry Drayton, President.
Attested:
Peter Timothy, Secretary.

CONSTITUTION OF SOUTH CAROLINA—1778*a

An Act for establishing the constitution of the State of South Carolina.

Whereas the constitution or form of government agreed to and resolved upon by the freemen of this country, met in congress, the twenty-sixth day of March, one thousand seven hundred and seventy-six, was temporary only, and suited to the situation of their public affairs at that period, looking forward to an accommodation with Great Britain, an event then desired; and whereas the United Colonies of America have been since constituted independent States, and the political connection heretofore subsisting between them and Great Britain entirely dissolved by the declaration of the honorable the Continental Congress, dated the fourth day of July, one thousand seven hundred and seventy-six, for the many great and weighty reasons therein particularly set forth: It therefore becomes absolutely necessary to frame a constitution suitable to that great event.

Be it therefore constituted and enacted, by his excellency Rawlins Lowndes, esq., president and commander-in-chief in and over the State of South Carolina, by the honorable the legislative council and general assembly, and by the authority of the same:

That the following articles, agreed upon by the freemen of this State, now met in general assembly, be deemed and held the constitution and form of government of the said State, unless altered by the legislative authority thereof, which constitution or form of government shall immediately take place and be in force from the passing of this act, excepting such parts as are hereafter mentioned and specified.

I. That the style of this country be hereafter the State of South Carolina.

II. That the legislative authority be vested in a general assembly, to consist of two distinct bodies, a senate and house of representatives, but that the legislature of this State, as established by the constitution or form of government passed the twenty-sixth of March, one thousand and seven hundred and seventy-six, shall continue and be in full force until the twenty-ninth day of November ensuing.

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III. That as soon as may be after the first meeting of the senate and house of representatives, and at every first meeting of the senate and house of representatives thereafter, to be elected by virtue of this constitution, they shall jointly in the house of representatives choose by ballot from among themselves or from the people at large a governor and commander-in-chief, a lieutenant-governor, both to continue for two years, and a privy council, all of the Protestant religion, and till such choice shall be made the former president or governor and commander-in-chief, and vice-president or lieutenant-governor, as the case may be, and privy council, shall continue to act as such.

IV. That a member of the senate or house of representatives, being chosen and acting as governor and commander-in-chief or lieutenant-governor, shall vacate his seat, and another person shall be elected in his room.

V. That every person who shall be elected governor and commander-in-chief of the State, or lieutenant-governor, or a member of the privy council, shall be qualified as forthwith; that is to say, the governor and lieutenant-governor shall have been residents in this State for ten years, and the members of the privy council five years, preceding their said election, and shall have in this State a settled plantation or freehold in their and each of their own right of the value of at least ten thousand pounds currency, clear of debt, and on being elected they shall respectively take an oath of qualification in the house of representatives.

VI. That no future governor and commander-in-chief who shall serve for two years shall be eligible to serve in the said office after the expiration of the said term until the full end and term of four years.

VII. That no person in this State shall hold the office of governor thereof, or lieutenant-governor, and any other office or commission, civil or military, (except in the militia,) either in this or any other State, or under the authority of the Continental Congress, at one and the same time.

VIII. That in case of the impeachment of the governor and commander-in-chief, or his removal from office, death, resignation, or absence from the State, the lieutenant-governor shall succeed to his office, and the privy council shall choose out of their own body a lieutenant-governor of the State. And in case of the impeachment of the lieutenant-governor, or his removal from office, death, resignation, or absence from the State, one of the privy council, to be chosen by themselves, shall succeed to his office until a nomination to those offices respectively, 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 being absent was appointed.

IX. That the privy council shall consist of the lieutenant-governor for the time being, and eight other members, five of whom shall be a quorum, to be chosen as before directed; four to serve for two years, and four for one year, and at the expiration of one year four others shall be chosen in the room of the last four, to serve for two years, and all future members of the privy council shall thenceforward be elected to serve two years, whereby there will be a new election every year for half the privy council, and a constant rotation established; but no member of the privy council who shall serve for two years Edition: current; Page: [3250] shall be eligible to serve therein after the expiration of the said term until the full end and term of four years: Provided always, That no officer of the army or navy in the service of the continent or this State, nor judge of any of the courts of law, shall be eligible, nor shall the father, son, or brother to the governor for the time being be elected in the privy council during his administration. A member of the senate and house of representatives being chosen of the privy council, shall not thereby lose his seat in the senate or house of representatives, unless he be elected lieutenant-governor, in which case he shall, and another person shall be chosen in his stead. The privy council is to advise the governor and commander-in-chief when required, but he shall not be bound to consult them unless directed by law. If a member of the privy council shall die or depart this State during the recess of the general assembly, the privy council shall choose another to act in his room, until a nomination by the senate and house of representatives shall take place. The clerk of the privy council shall keep a regular journal of all their proceedings, in which shall be entered the yeas and nays on every question, and the opinion, with the reasons at large, of any member who desires it; which journal shall be laid before the legislature when required by either house.

X. That in case of the absence from the seat of government or sickness of the governor and lieutenant-governor, any one of the privy council may be empowered by the governor, under his hand and seal, to act in his room, but such appointment shall not vacate his seat in the senate, house of representatives, or privy council.

XI. That the executive authority be vested in the governor and commander-in-chief, in manner herein mentioned.

XII. That each parish and district throughout this State shall on the last Monday in November next and the day following, and on the same days of every succeeding year thereafter, elect by ballot one member of the senate, except the district of Saint Philip and Saint Michael’s parishes, Charleston, which shall elect two members; and except also the district between Broad and Saluda Rivers, in three divisions, viz: the Lower district, the Little River district, and the Upper or Spartan district, each of which said divisions shall elect one member; and except the parishes of Saint Matthew and Orange, which shall elect one member; and also except the parishes of Prince George and All Saints, which shall elect one member; and the election of senators for such parishes, respectively, shall, until otherwise altered by the legislature, be at the parish of Prince George for the said parish and the parish of All Saints, and at the parish of Saint Matthew for that parish and the parish of Orange; to meet on the first Monday in January then next, at the seat of government, unless the casualties of war or contagious disorders should render it unsafe to meet there, in which case the governor and commander-in-chief for the time being may, by proclamation, with the advice and consent of the privy council, appoint a more secure and convenient place of meeting; and to continue for two years from the said last Monday in November; and that no person shall be eligible to a seat in the said senate unless he be of the Protestant religion, and hath attained the age of thirty years, and hath been a resident in this State at least five years. Not less than thirteen members shall be a quorum to do business, but the president or any three members may adjourn from day Edition: current; Page: [3251] to day. No person who resides in the parish or district for which he is elected shall take his seat in the senate, unless he possess a settled estate and freehold in his own right in the said parish or district of the value of two thousand pounds currency at least, clear of debt; and no non-resident shall be eligible to a seat in the said senate unless he is owner of a settled estate and freehold in his own right, in the parish or district where he is elected, of the value of seven thousand pounds currency at least, also clear of debt.

XIII. That on the last Monday in November next and the day following, and on the same days of every second year thereafter, members of the house of representatives shall be chosen, to meet on the first Monday in January then next, at the seat of government, unless the casualties of war or contagious disorders should render it unsafe to meet there, in which case the governor and commander-in-chief for the time being may, by proclamation, with the advice and consent of the privy council, appoint a more secure and convenient place of meeting, and to continue for two years from the said last Monday in November. Each parish and district within this State shall send members to the general assembly in the following proportions; that is to say, the parish of Saint Philip and Saint Michael’s, Charleston, thirty members; the parish of Christ Church, six members; the parish of Saint John’s, in Berkely County, six members; the parish of Saint Andrew, six members; the parish of Saint George, Dorchester, six members; the parish of Saint James, Goose Creek, six members; the parish of Saint Thomas and Saint Dennis, six members; the parish of Saint Paul, six members; the parish of Saint Bartholomew, six members; the parish of Saint Helena, six members; the parish of Saint James, Santee, six members; the parish of Prince George, Winyaw, four members; the parish of All Saints, two members; the parish of Prince Frederick, six members; the parish of Saint John, in Colleton County, six members; the parish of Saint Peter, six members; the parish of Prince William, six members; the parish of Saint Stephen, six members; the district to the eastward of Wateree River, ten members; the district of Ninety-six, ten members; the district of Saxe Gotha, six members; the district between Broad and Saluda Rivers, in three divisions, viz: the lower district, four members; the Little River district, four members; the Upper or Spartan district, four members; the district between Broad and Catawba Rivers, ten members; the district called the New Acquisition, ten members; the parish of Saint Matthew, three members; the parish of Orange, three members; the parish of Saint David, six members; the district between the Savannah River and the North Fork of Edisto, six members. And the election of the said members shall be conducted as near as may be agreeable to the directions of the present or any future election act or acts, and where there are no churches or church-wardens in a district or parish, the house of representatives, at some convenient time before their expiration, shall appoint places of election and persons to receive votes and make returns. The qualification of electors shall be that every free white man, and no other person, who acknowledges the being of a God, and believes in a future state of rewards and punishments, and who has attained to the age of one and twenty years, and hath been a resident and an inhabitant in this State for the space of one whole year before Edition: current; Page: [3252] the day appointed for the election he offers to give his vote at, and hath a freehold at least of fifty acres of land, or a town lot, and hath been legally seized and possessed of the same at least six months previous to such election, or hath paid a tax the preceding year, or was taxable the present year, at least six months previous to the said election, in a sum equal to the tax on fifty acres of land, to the support of this government, shall be deemed a person qualified to vote for, and shall be capable of electing, a representative or representatives to serve as a member or members in the senate and house of representatives, for the parish or district where he actually is a resident, or in any other parish or district in this State where he hath the like freehold. Electors shall take an oath or affirmation of qualification, if required by the returning officer. No person shall be eligible to sit in the house of representatives unless he be of the Protestant religion, and hath been a resident in this State for three years previous to his election. The qualification of the elected, if residents in the parish or district for which they shall be returned, shall be the same as mentioned in the election act, and construed to mean clear of debt. But no non-resident shall be eligible to a seat in the house of representatives unless he is owner of a settled estate and freehold in his own right of the value of three thousand and five hundred pounds currency at least, clear of debt, in the parish or district for which he is elected.

XIV. That if any parish or district neglects or refuses to elect members, or if the members chosen do not meet in general assembly, those who do meet shall have the powers of the general assembly. Not less than sixty-nine members shall make a house of representatives to do business, but the speaker or any seven members may adjourn from day to day.

XV. That at the expiration of seven years after the passing of this constitution, and at the end of every fourteen years thereafter, the representation of the whole State shall be proportioned in the most equal and just manner according to the particular and comparative strength and taxable property of the different parts of the same, regard being always had to the number of white inhabitants and such taxable property.

XVI. That all money bills for the support of government shall originate in the house of representatives, and shall not be altered or amended by the senate, but may be rejected by them, and that no money be drawn out of the public treasury but by the legislative authority of the State. All other bills and ordinances may take rise in the senate or house of representatives, and be altered, amended, or rejected by either. Acts and ordinances having passed the general assembly shall have the great seal affixed to them by a joint committee of both houses, who shall wait upon the governor to receive and return the seal, and shall then be signed by the president of the senate and speaker of the house of representatives, in the senate-house, and shall thenceforth have all the force and validity of a law, and be lodged in the secretary’s office. And the senate and house of representatives, respectively, shall enjoy all other privileges which have at any time been claimed or exercised by the commons house of assembly.

XVII. That neither the senate nor house of representatives shall have power to adjourn themselves for any longer time than three days, Edition: current; Page: [3253] without the mutual consent of both. The governor and commander-in-chief shall have no power to adjourn, prorogue, or dissolve them, but may, if necessary, by and with the advice and consent of the privy council, convene them before the time to which they shall stand adjourned. And where a bill hath been rejected by either house, it shall not be brought in again that session, without leave of the house, and a notice of six days being previously given.

XVIII. That the senate and house of representatives shall each choose their respective officers by ballot, without control, and that during a recess the president of the senate and speaker of the house of representatives shall issue writs for filling up vacancies occasioned by death in their respective houses, giving at least three weeks and not more than thirty-five days’ previous notice of the time appointed for the election.

XIX. That if any parish or district shall neglect to elect a member or members on the day of election, or in case any person chosen a member of either house shall refuse to qualify and take his seat as such, or die, or depart the State, the senate or house of representatives, as the case may be, shall appoint proper days for electing a member or members in such cases respectively.

XX. That if any member of the senate or house of representatives shall accept any place of emolument, or any commission, (except in the militia or commission of the peace, and except as is excepted in the tenth article,) he shall vacate his seat, and there shall thereupon be a new election; but he shall not be disqualified from serving upon being reëlected, unless he is appointed secretary of the State, a commissioner of the treasury, an officer of the customs, register of mesne conveyances, a clerk of either of the courts of justice, sheriff, powder-reviewer, clerk of the senate, house of representatives, or privy council, surveyor-general, or commissary of military stores, which officers are hereby declared disqualified from being members either of the senate or house of representatives.

XXI. 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, while he continues in the exercise of his pastoral function, and for two years after, shall be eligible either as governor, lieutenant-governor, a member of the senate, house of representatives, or privy council in this State.

XXII. That the delegates to represent this State in the Congress of the United States be chosen annually by the senate and house of representatives jointly, by ballot, in the house of representatives, and nothing contained in this constitution shall be construed to extend to vacate the seat of any member who is or may be a delegate from this State to Congress as such.

XXIII. That the form of impeaching all officers of the State for mal and corrupt conduct in their respective offices, not amenable to any other jurisdiction, be vested in the house of representatives. But that it shall always be necessary that two-third parts of the members present do consent to and agree in such impeachment. That the senators and such of the judges of this State as are not members of the house of representatives, be a court for the trial of impeachments, Edition: current; Page: [3254] under such regulations as the legislature shall establish, and that previous to the trial of every impeachment, the members of the said court shall respectively be sworn truly and impartially to try and determine the charge in question according to evidence, and no judgment of the said court, except judgment of acquittal, shall be valid, unless it shall be assented to by two-third parts of the members then present, and on every trial, as well on impeachments as others, the party accused shall be allowed counsel.

XXIV. That the lieutenant-governor of the State and a majority of the privy council for the time being shall, until otherwise altered by the legislature, exercise the powers of a court of chancery, and there shall be ordinaries appointed in the several districts of this State, to be chosen by the senate and house of representatives jointly by ballot, in the house of representatives, who shall, within their respective districts, exercise the powers heretofore exercised by the ordinary, and until such appointment is made the present ordinary in Charleston shall continue to exercise that office as heretofore.

XXV. That the jurisdiction of the court of admiralty be confined to maritime causes.

XXVI. That justices of the peace shall be nominated by the senate and house of representatives jointly, and commissioned by the governor and commander-in-chief during pleasure. They shall be entitled to receive the fees heretofore established by law; and not acting in the magistracy, they shall not be entitled to the privileges allowed them by law.

XXVII. That all other judicial officers shall be chosen by ballot, jointly by the senate and house of representatives, and, except the judges of the court of chancery, commissioned by the governor and commander-in-chief during good behavior, but shall be removed on address of the senate and house of representatives.

XXVIII. That the sheriffs, qualified as by law directed, shall be chosen in like manner by the senate and house of representatives, when the governor, lieutenant-governor, and privy council are chosen, and commissioned by the governor and commander-in-chief, for two years, and shall give security as required by law, before they enter on the execution of their office. No sheriff who shall have served for two years shall be eligible to serve in the said office after the expiration of the said term, until the full end and term of four years, but shall continue in office until such choice be made; nor shall any person be eligible as sheriff in any district unless he shall have resided therein for two years previous to the election.

XXIX. That two commissioners of the treasury, the secretary of the State, the register of mesne conveyances in each district, attorney-general, surveyor-general, powder-receiver, collectors and comptrollers of the customs and waiters, be chosen in like manner by the senate and house of representatives jointly, by ballot, in the house of representatives, and commissioned by the governor and commander-in-chief, for two years; that none of the said officers, respectively, who shall have served for four years, shall be eligible to serve in the said offices after the expiration of the said term, until the full end and term of four years, but shall continue in office until a new choice be made: Provided, That nothing herein contained shall extend to the several persons appointed to the above offices respectively, under the late constitution; and that the present and all future Edition: current; Page: [3255] commissioners of the treasury, and powder-receivers, shall each give bond with approved security agreeable to law.

XXX. That all the officers in the army and navy of this State, of and above the rank of captain, shall be chosen by the senate and house of representatives jointly, by ballot in the house of representatives, and commissioned by the governor and commander-in-chief, and that all other officers in the army and navy of this State shall be commissioned by the governor and commander-in-chief.

XXXI. That in case of vacancy in any of the offices above directed to be filled by the senate and house of representatives, the governor and commander-in-chief, with the advice and consent of the privy council, may appoint others in their stead, until there shall be an election by the senate and house of representatives to fill those vacancies respectively.

XXXII. That the governor and commander-in-chief, with the advice and consent of the privy council, may appoint during pleasure, until otherwise directed by law, all other necessary officers, except such as are now by law directed to be otherwise chosen.

XXXIII. That the governor and commander-in-chief shall have no power to commence war, or conclude peace, or enter into any final treaty without the consent of the senate and house of representatives.

XXXIV. That the resolutions of the late congress of this State, and all laws now of force here, (and not hereby altered,) shall so continue until altered or repealed by the legislature of this State, unless where they are temporary, in which case they shall expire at the times respectively limited for their duration.

XXXV. That the governor and commander-in-chief for the time being, by and with the advice and consent of the privy council, may lay embargoes or prohibit the exportation of any commodity, for any time not exceeding thirty days, in the recess of the general assembly.

XXXVI. That all persons who shall be chosen and appointed to any office or to any place of trust, civil or military, before entering upon the execution of office, shall take the following oath: “I, A. B., do acknowledge the State of South Carolina to be a free, sovereign, and independent State, and that the people thereof owe no allegiance or obedience to George the Third, King of Great Britain, and I do renounce, refuse, and abjure any allegiance or obedience to him. And I do swear [or affirm, as the case may be] that I will, to the utmost of my power, support, maintain, and defend the said State against the said King George the Third, and his heirs and successors, and his or their abettors, assistants, and adherents, and will serve the said State, in the office of ———, with fidelity and honor, and according to the best of my skill and understanding: So help me God.”

XXXVII. That adequate yearly salaries be allowed to the public officers of this State, and be fixed by law.

XXXVIII. That all persons and religious societies who acknowledge that there is one God, and a future state of rewards and punishments, and that God is publicly to be worshipped, shall be freely tolerated. The Christian Protestant religion shall be deemed, and is hereby constituted and declared to be, the established religion of this State. That all denominations of Christian Protestants in this State, demeaning themselves peaceably and faithfully, shall enjoy Edition: current; Page: [3256] equal religious and civil privileges. To accomplish this desirable purpose without injury to the religious property of those societies of Christians which are by law already incorporated for the purpose of religious worship, and to put it fully into the power of every other society of Christian Protestants, either already formed or hereafter to be formed, to obtain the like incorporation, it is hereby constituted, appointed, and declared that the respective societies of the Church of England that are already formed in this State for the purpose of religious worship shall still continue incorporate and hold the religious property now in their possession. And that whenever fifteen or more male persons, not under twenty-one years of age, professing the Christian Protestant religion, and agreeing to unite themselves in a society for the purposes of religious worship, they shall, (on complying with the terms hereinafter mentioned,) be, and be constituted a church, and be esteemed and regarded in law as of the established religion of the State, and on a petition to the legislature shall be entitled to be incorporated and to enjoy equal privileges. That every society of Christians so formed shall give themselves a name or denomination by which they shall be called and known in law, and all that associate with them for the purposes of worship shall be esteemed as belonging to the society so called. But that previous to the establishment and incorporation of the respective societies of every denomination as aforesaid, and in order to entitle them thereto, each society so petitioning shall have agreed to and subscribed in a book the following five articles, without which no agreement or union of men upon pretence of religion shall entitle them to be incorporated and esteemed as a church of the established religion of this State:

1st. That there is one eternal God, and a future state of rewards and punishments.

2d. That God is publicly to be worshipped.

3d. That the Christian religion is the true religion.

4th. That the holy scriptures of the Old and New Testaments are of divine inspiration, and are the rule of faith and practice.

5th. That it is lawful and the duty of every man being thereunto called by those that govern, to bear witness to the truth.

And that every inhabitant of this State, when called to make an appeal to God as a witness to truth, shall be permitted to do it in that way which is most agreeable to the dictates of his own conscience. And that the people of this State may forever enjoy the right of electing their own pastors or clergy, and at the same time that the State may have sufficient security for the due discharge of the pastoral office, by those who shall be admitted to be clergymen, no person shall officiate as minister of any established church who shall not have been chosen by a majority of the society to which he shall minister, or by persons appointed by the said majority, to choose and procure a minister for them; nor until the minister so chosen and appointed shall have made and subscribed to the following declaration, over and above the aforesaid five articles, viz: “That he is determined by God’s grace out of the holy scriptures, to instruct the people committed to his charge, and to teach nothing as required of necessity to eternal salvation but that which he shall be persuaded may be concluded and proved from the scripture; that he will use Edition: current; Page: [3257] both public and private admonitions, as well to the sick as to the whole within his cure, as need shall require and occasion shall be given, and that he will be diligent in prayers, and in reading of the same; that he will be diligent to frame and fashion his own self and his family according to the doctrine of Christ, and to make both himself and them, as much as in him lieth, wholesome examples and patterns to the flock of Christ; that he will maintain and set forwards, as much as he can, quietness, peace, and love among all people, and especially among those that are or shall be committed to his charge. No person shall disturb or molest any religious assembly; nor shall use any reproachful, reviling, or abusive language against any church, that being the certain way of disturbing the peace, and of hindering the conversion of any to the truth, by engaging them in quarrels and animosities, to the hatred of the professors, and that profession which otherwise they might be brought to assent to. No person whatsoever shall speak anything in their religious assembly irreverently or seditiously of the government of this State. No person shall, by law, be obliged to pay towards the maintenance and support of a religious worship that he does not freely join in, or has not voluntarily engaged to support. But the churches, chapels, parsonages, glebes, and all other property now belonging to any societies of the Church of England, or any other religious societies, shall remain and be secured to them forever. The poor shall be supported, and elections managed in the accustomed manner, until laws shall be provided to adjust those matters in the most equitable way.

XXXIX. That the whole State shall, as soon as proper laws can be passed for these purposes, be divided into districts and counties, and county courts established.

XL. That the penal laws, as heretofore used, shall be reformed, and punishments made in some cases less sanguinary, and in general more proportionate to the crime.

XLI. That no freeman of this State be taken or imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, 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.

XLII. That the military be subordinate to the civil power of the State.

XLIII. That the liberty of the press be inviolably preserved.

XLIV. That no part of this constitution shall be altered without notice being previously given of ninety days, nor shall any part of the same be changed without the consent of a majority of the members of the senate and house of representatives.

XLV. That the senate and house of representatives shall not proceed to the election of a governor or lieutenant-governor, until there be a majority of both houses present.

In the council-chamber, the 19th day of March, 1778.

Assented to.

Rawlins Lowndes.
Hugh Rutlege,
Speaker of the Legislative Council.
Thomas Bee,
Speaker of the General Assembly.
Edition: current; Page: [3258]

CONSTITUTION OF SOUTH CAROLINA—1790*a

We, the delegates of the people of the State of South Carolina, in general convention met, do ordain and establish this constitution for its government.

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.

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 provided.

Sec. 3. The several election districts in this State shall elect the following number for Representatives, viz:

Charleston, (including Saint Philip and Saint Michael,) fifteen members; Christ Church, three members; Saint John, Berkley, three members; Saint Andrew, three members; Saint George, Dorchester, three members; Saint James, Goose Creek, three members; Saint Thomas and Saint Dennis, three members; Saint Paul, three members; Saint Bartholomew, three members; Saint James, Santee, three members; Saint John, Colleton, three members; Saint Stephen, three members; Saint Helena, three members; Saint Luke, three members; Prince William, three members; Saint Peter, three members; All Saints, (including its ancient boundaries,) one member; Winyaw, (not including any part of All Saints,) three members; Kingston, (not including any part of All Saints,) two members; Williamsburgh, two members; Liberty, two members; Marlborough, two members; Chesterfield, two members; Darlington, two members; York, three members; Chester, two members; Fairfield, two members; Richland, two members; Lancaster, two members; Kershaw, two members; Claremont, two members; Clarendon, two members; Abbeville, three members; Edgefield, three members; Newbury, (including the fork between Broad and Saluda Rivers,) three members; Laurens, three members; Union, two members; Spartan, two members; Greenville, two members; Pendleton, three members; Saint Matthew, two members; Orange, two members; Winton, (including the district between Savannah River and the North Fork of Edisto,) three members; Saxe Gotha, three members.

Sec. 4. Every free white man, of the age of twenty-one years, being a citizen of this State, and having resided therein 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 Edition: current; Page: [3259] election, and hath paid a tax the preceding year of three shillings sterling towards the support of this government, 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.

Sec. 5. 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 a receipt from the tax collector of his having paid a tax entitling him to vote, or to swear or affirm that he is duly qualified to vote, agreeably to this constitution.

Sec. 6. 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.

Sec. 7. The senate shall be composed of members to be chosen for four years, in the following proportions, by the citizens of this State qualified to elect members to the house of representatives, at the same time, and in the same manner, and at the same places where they shall vote for representatives, viz: Charleston, (including Saint Philip and Saint Michael,) two members; Christ Church, one member; Saint John, Berkley, one member; Saint Andrew, one member; Saint George, one member; Saint James, Goose Creek, one member; Saint Thomas and Saint Dennis, one member; Saint Paul, one member; Saint Bartholomew, one member; Saint James, Santee, one member; Saint John, Colleton, one member; Saint Stephen, one member; Saint Helena, one member; Saint Luke, one member; Prince William, one member; Saint Peter, one member; All Saints, one member; Winyaw and Williamsburgh, one member; Liberty and Kingston, one member; Marlborough, Chesterfield, and Darlington, two members; York, one member; Fairfield, Richland, and Chester, one member; Lancaster and Kershaw, one member; Claremont and Clarendon, one member; Abbeville, one member; Edgefield, one member; Newbury, (including the Fork between Broad and Saluda Rivers,) one member; Lourens, one member; Union, one member; Spartan, one member; Greenville, one member; Pendleton, one member; Saint Matthew and Orange, one member; Winton, (including the district between Savannah River and the North Fork of Edisto,) one member; Saxe Gotha, one member.

Sec. 8. 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 estate 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 Edition: current; Page: [3260] 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.

Sec. 9. Immediately after the senators shall be assembled, in consequence of the first election, they shall be 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, and of the second class at the expiration of the fourth year; so that one-half thereof, as near as possible, may be chosen, forever thereafter, every second year, for the term of four years.

Sec. 10. Senators and members of the house of representatives shall be chosen on the second Monday in October next, and the day following, and on the same days, in every second year thereafter, in such manner and at such times as are herein directed; and 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 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.

Sec. 11. Each house shall judge of the elections, returns, and qualifications of its own members; and a majority of each house shall constaitute 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.

Sec. 12. Each house shall choose by ballot 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.

Sec. 13. Each house may punish, by imprisonment, during 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 the 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.

Sec. 14. 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 their 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.

Sec. 15. Bills for raising a revenue shall originate in the house of representatives, but may be altered, amended, or rejected by the senate. All other bills may originate in either house, and may be amended, altered, or rejected by the other.

Sec. 16. 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 Edition: current; Page: [3261] house, has had the great seal affixed to it, and has been signed in the senate-house, by the president of the senate and speaker of the house of representatives.

Sec. 17. No money shall be drawn out of the public treasury, but by the legislative authority of the State.

Sec. 18. The members of the legislature, who shall assemble under this constitution, shall be entitled to receive out of the public treasury, as compensation for their expenses, a sum not exceeding seven shillings sterling a day, during their attendance on, going to, and returning from the legislature; but the same may be increased or diminished by law, if circumstances shall require; but no alterations shall be made by any legislature to take effect during the existence of the legislature which shall make such alteration.

Sec. 19. Neither house shall, during their session, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.

Sec. 20. 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.

Sec. 21. No person shall be eligible to a seat in the legislature whilst he holds any office of profit or trust under this State, the United States, 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 United States, 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.

Sec. 22. If any election district shall neglect to choose a member or members on the days 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 of 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.

Sec. 23. And whereas the ministers of the gospel are, by their profession, dedicated to the service of God and the care 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.

Article II

Section 1. The executive authority of this State shall be invested in a governor, to be chosen in 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 Edition: current; Page: [3262] 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.

Sec. 2. No person shall be eligible to the office of governor unless he hath attained the age of thirty years, and hath resided within this 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 reëligible 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 any State, or the United States, or any other power, at one and the same time.

Sec. 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.

Sec. 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.

Sec. 5. In case of the impeachment of the governor, or his removal from office, death, resignation, or absence 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 absence 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 being absent was elected.

Sec. 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 United States.

Sec. 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.

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

Sec. 9. He shall have power to prohibit the exportation of provision for any time not exceeding thirty days.

Sec. 10. He shall, at stated times, receive for his services a compensation, which shall neither be increased or diminished during the period for which he shall have been elected.

Sec. 11. 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.

Sec. 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.

Sec. 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 Edition: current; Page: [3263] shall think proper, not beyond the fourth Monday in the month of November then ensuing.

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 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 United States, or any other power.

Sec. 2. 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.”

Article IVa

All persons who shall be chosen or appointed to any office of profit or trust, before entering on the execution thereof, shall take 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 will, to the best of my abilities, discharge the duties thereof, and preserve, protect, and defend the Constitution of this State and of the United States.”

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.

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.

Sec. 3. The governor, lieutenant-governor, and all the civil officers shall be liable to impeachment for any misdemeanor in office; but judgment in such cases shall not extend further than to a 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.

Article VI

Section 1. The judges of the superior courts, commissioners of the treasury, secretary of the State, and surveyor-general shall be elected Edition: current; Page: [3264] by the joint ballot of both houses in the house of representatives. The commissioners of the treasury, secretary of this 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.

Sec. 2. All other officers shall be appointed as they hitherto have been, until otherwise directed by law; but sheriffs shall hold their offices for four years, and not be again eligible for four years after the term for which they shall have been elected.

Sec. 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.

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.

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 thereby declared shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State.

Sec. 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.

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.

Sec. 2. No freemen of this State shall be taken, or imprionsed, 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.

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

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

Sec. 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 behavior.

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

Edition: current; Page: [3265]

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 at Columbia; the other shall hold his office and reside in Charleston.

Sec. 2. The secretary of state and surveyor-general shall hold their offices both in Columbia and Charleston. They shall reside at one place, and their deputies at the other.

Sec. 3. At the conclusion of the circuits, the judges shall meet and sit at Columbia, for the purpose of hearing and determining all motions which may be made for new trials, and in arrest of judgments, and such points of law as may be submitted to them. From Columbia, they shall proceed to Charleston, and there hear and determine all such motions for new trials, and in arrest of judgment, and such points of law as may be submitted to them.

Sec. 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.

Sec. 5. The legislature shall, as soon as may be convenient, pass laws for the abolition of the rights of primogeniture, and for giving an equitable distribution of the real estate of intestates.

Article XI

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

No part of this constitution shall be altered, unless a bill to alter the same shall have been read three times in the house of representatives, and three times in the senate, and agreed to by two-thirds of both branches of the whole representation; neither shall any alteration take place until the bill so agreed to be published three months previous to a new election for members to 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 both branches of the legislature, after the same shall have been read three times, or three several days, in each house, 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 third day of June, in the year of our Lord 1790, and in the fourteenth year of the Independence of the United States of America.

By the unanimous order of the convention.

Charles Pinckney, President.

AMENDMENTS TO THE CONSTITUTION OF 1790

(Ratified December 17, 1808)

The following sections in amendment of the third, seventh, and ninth sections of the first article of the constitution of this State shall be, and they are hereby declared to be, valid parts of the said constitution; and the said third, seventh, and ninth sections, or such Edition: current; Page: [3266] parts thereof as are repugnant to such amendments, are hereby repealed and made void.

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, shall be made in the year one thousand eight hundred and nine, and 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 the above enumeration.

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

In assigning representatives to the several districts of the 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.

In every apportionment of representation under these amendments, which shall take place after the first apportionment, the amount of taxes shall be estimated from the average of the ten preceding years; but the first apportionment shall be founded upon the tax of the preceding year, excluding from the amount thereof the whole produce of the tax on sales at public auction.

If, in the apportionment of representatives under these amendments, 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 these amendments, 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 of taxes, or of population or of taxes separately, until the number of one hundred and twenty-four members be provided.

No apportionment under these amendments shall be construed to take effect, in any manner, until the general election which shall succeed such apportionment.

The election districts for members of the house of representatives shall be and remain as heretofore established, except Saxe Gotha and Newberry; in which the boundaries shall be altered, as follows, viz: That part of Lexington in the fork of Broad and Saluda Rivers shall no longer compose a part of the election district of Newberry, but shall be henceforth attached to, and form a part of, Saxe Gotha. And, Edition: current; Page: [3267] also, except Orange and Barnwell, or Winton, in which the boundaries shall be altered, as follows, viz: That part of Orange in the fork freehold or town lot, hath been a resident in the election district in Barnwell, or Winton, but shall be henceforth attached to, and form a part of, Orange election district.

The senate shall be composed of one member from each election district, as now established for the election of members of the house of representatives, except the district formed by the parishes of Saint Philip and Saint Michael, to which shall be allowed two senators, as heretofore.

The seats of those senators who under the constitution shall represent two or more election districts, on the day preceding the second Monday of October, which will be in the year one thousand eight hundred and ten, shall be vacated on that day, and the new senators who shall represent such districts under these amendments shall, immediately after they shall have been assembled under the first election, be divided by lots into two classes; the seats of the senators of the first class shall be vacated at the expiration of the second year, and of the second class, at the expiration of the fourth year; and the number in 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.

None of these amendments becoming parts of the constitution of this State 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 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 to 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.

(Ratified December 19, 1810)

That the fourth section of the first article of the constitution of this State be altered and amended to read as follows: Every free white man of the age of twenty-one years, paupers, and non-commissioned officers and private soldiers of the Army of the United States excepted, being a citizen of this State, and having resided therein 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.

(Ratified December 19, 1816)

That the third section of the tenth article of the constitution of this State be altered and amended to read as follows: The judges Edition: current; Page: [3268] shall, at such times and places as shall be prescribed by act of the legislature of 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.

(Ratified December 20, 1820)

That all that territory lying within the chartered limits of this State, and which was ceded by the Cherokee Nation, in a treaty concluded at Washington, on the twenty-second day of March, in the year of our Lord one thousand eight hundred and sixteen, and confirmed by an act of the legislature of this State, passed on the nineteenth day of December, in the same year, shall be, and the same is hereby, declared to be annexed to and shall form and continue a part of the election district of Pendleton.

(Ratified December 19, 20, 1828)

That the third section of the fifth article of the constitution of this State shall be altered to read as follows, viz:

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 indictment, trial, judgment, and punishment, according to law.

Sec. 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.

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 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.

(Ratified December 6, 1834)

That the fourth article of the constitution of this State shall be amended so as to read as follows, viz: Every person who shall be chosen or appointed to any office of profit or trust, before entering on the execution thereof, shall take 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 abilities, discharge the duties thereof, and preserve, protect, and defend the constitution of this State, and of the United States: So help me God.”

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(Ratified December, 1856)

That the tenth section of the first article of the constitution of this State be altered and amended to read as follows: Senators, according to their classification, and members of the house of representatives, shall be chosen on the second Monday in October, in the year of our Lord one thousand eight hundred and sixty, and on the same day in every second year thereafter, in such manner and at such times as are herein directed, and 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 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.

CONSTITUTION OF SOUTH CAROLINA—1861

[A State convention, called by an act of the legislature December 17, 1860, and on April 8, 1861, revised the State constitution, which was not submitted to the people for ratification.]

CONSTITUTION OF SOUTH CAROLINA—1865*a

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.

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.

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. 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.

Sec. 4. The boundaries of the several judicial and election districts shall remain as they are now established.

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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.

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 practicable.

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.

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 years then next preceding.

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 Edition: current; Page: [3271] representatives shall in any apportionment be assigned to any one election district.

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

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.

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.

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 hath 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 hath been for the last six months of this time, and shall continue, a resident of the district which he is to represent.

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.

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.

Sec. 16. The terms of office of the senators and representatives chosen at a general election shall begin on the Monday following such election.

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.

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.

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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.

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.

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.

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.

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.

Sec. 24. No money shall be drawn out of the public treasury but by the legislative authority of the State.

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.

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 alteration.

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.

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 Edition: current; Page: [3273] 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, he shall vacate his seat.

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. 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.

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.

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.

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.

Sec. 4. The returns of every election of governor shall be sealed 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 weak 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.

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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 officio, be the president of the senate.

Sec. 6. The lieutenant-governor, acting as president of the senate, shall have no vote, unless the senate be equally divided.

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.

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.

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.

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.

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.

Sec. 12. He shall take care that the laws be faithfully executed in mercy.

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.

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.

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.

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 Edition: current; Page: [3275] shall think proper, not beyond the fourth Monday of November then next ensuing.

Sec. 17. He shall commission all officers of the State.

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.

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.

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.

Sec. 21. Every bill which shall have passed the general assembly shall, before it become a law, be presented to the governor; if the 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 he 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.

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 reëligible, 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 Edition: current; Page: [3276] color; and the general assembly is empowered to extend the jurisdiction of the said court to other subjects.

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.

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.”

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.

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.”

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.

Sec. 2. All impeachments shall be tried by the senate. When sitting for that purpose, the senators shall be on oath or affirmation, Edition: current; Page: [3277] and no person shall be convicted without the concurrence of two-thirds of the members present.

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 indictment, trial, judgment, and punishment according to law.

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.

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.

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.

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.

Sec. 3. All commissions shall be in the name and by the authority of the State of South Carolina, be sealed with the seal of the State, and be signed by the governor.

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.

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.

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 Edition: current; Page: [3278] 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.

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

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.

Sec. 5. Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted.

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.

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.

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 excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the State.

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.

Sec. 10. The rights of primogeniture shall not be reëstablished, and there shall not fail to be some legislative provision for the equitable distribution of the estates of intestates.

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 reëstablished in this State.

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.

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.

Sec. 2. The secretary of state shall hold his office and reside at the seat of government.

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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.

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.

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.

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.

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 collection 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 Edition: current; Page: [3280] 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.

Sec. 4. That all official acts in the executive and other departments of the government of this State, judicial proceedings, rules of court, sales, 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 during 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 and 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.

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.

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, commisioners 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 auththorized 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 Edition: current; Page: [3281] 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.

Done at Columbia, 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.

CONSTITUTION OF SOUTH CAROLINA—1868*a

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 and form of government as the constitution of the commonwealth of South Carolina:

Article I: DECLARATION OF RIGHTS AND FORM OF GOVERNMENT AS THE CONSTITUTION OF THE COMMONWEALTH OF SOUTH CAROLINA

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 allegiance 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 American Union, and all attempts, from whatever source, or upon whatever Edition: current; Page: [3282] 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.

Sec. 9. No person shall be deprived of the right to worship God according 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 peaceable enjoyment of its own mode of worship.

Sec. 11. The right of trial by jury shall remain inviolable.

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 offence, 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 offence 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 defence 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 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 offence, 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 offences, when the proof is evident or the presumption great; and excessive bail shall not in any case be required, nor corporal punishment inflicted.

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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 offence, be put in jeopardy of his life or liberty.

Sec. 19. All offences 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 offence unless on presentment of a grand jury, except in cases arising in the land and naval 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 obligations 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 seizure of their persons, houses, papers or possessions. All warrants shall be supported by oath or affirmation, 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, &c.; 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 legislative, 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.

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Sec. 27. The general assembly ought frequently to assemble for the redress of grievances, and for making new laws, as the common good may require.

Sec. 28. The people have a right to keep and bear arms for the common defence. As, in times of peace, armies are dangerous to liberty, they ought not to be maintained without the consent 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 qualification 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 abetter 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, lawfully 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 forever 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 wharfage shall Edition: current; Page: [3285] 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.

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 centre of said river, by whatever names known, to Ravenel’s Bridge, on Seneca River, and thence along the centre 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 twenty-five square miles. Each county shall constitute one election district.

Sec. 4. The house of representatives shall consist of one hundred and twenty-four members, to be apportioned among the several counties according to the number of inhabitants contained in each. An enumeration of the inhabitants, for this purpose, shall be made in eighteen hundred and sixty-nine, and again in eighteen hundred and seventy-five, 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 counties 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 counties, as herein constituted, shall be as follows: Abbeville, five; Anderson, three; Barnwell, six; Beaufort, seven; Charleston, eighteen; Chester, three; Clarendon, two; Colleton, five; Chesterfield, two; Darlington, four; Edgefield, seven; Fairfield, three; Georgetown, three; Greenville, four; Horry, two; Kershaw, three; Lancaster, two; Laurens, four; Lexington, two; Edition: current; Page: [3286] Marion, four; Marlboro, two; Newberry, three; Oconee, two; Orangeburg, five; Pickens, one; Richland, four; Spartanburg, four; Sumter, four; Union, three; Williamsburg, three; York, four.

Sec. 5. 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 practicable.

Sec. 6. 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 number of inhabitants in the State: Provided, That if in the apportionment 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 representatives 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 qualified 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 any one who has not been for one year next preceding his election a resident of this State, and for three months next preceding his election a resident of the county whence he may be chosen, nor any one who has been convicted of an infamous crime. Senators shall be at least twenty-five, and representatives at least twenty-two years of age.

Sec. 11. The first election for senators and representatives, under the provisions of this constitution, shall be held on the 14th, 15th, and 16th days of April, of the present year; and the second election shall be held on the third Wednesday in October, 1870, and forever thereafter on the same day in every second year, in such manner and at such places at the general assembly may hereafter provide.

Sec. 12. The first session of the general assembly 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 determined 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 diseases render it unsafe to meet Edition: current; Page: [3287] 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 proceedings, 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.

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 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 Edition: current; Page: [3288] 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 proceedings 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 professions, shall take and subscribe the following oath:

“I do solemnly swear [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 Edition: current; Page: [3289] 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 consisting of dwelling-house, outbuildings 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 homestead 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 bedding, 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 a 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 reëligible. 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 day as shall be provided for by law. The other State officers elect shall, at the same time, enter upon the performance of their duties.

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Sec. 3. No person shall be eligible to the office of governor who denies the existence of the Supreme Being; or who at the time of such election has not attained the age of thirty years, and who, except at the first election under this constitution, shall not have been a citizen of the United States and a citizen and resident of this State for two years next preceding the day of election. No person while governor shall hold any other office or commission (except in the militia) under this State, or any other power, at one and the same time.

Sec. 4. The returns of every election of governor shall be sealed up by the managers of elections in their respective counties, and transmitted, by mail, 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, and a duplicate of said returns shall be filed with the clerks of the courts of said counties, whose duty it shall be to forward to the secretary of state a certified copy thereof, upon being notified that the returns previously forwarded by mail have not been received at his office. It shall be the duty of the secretary of state, after the expiration of seven days from the day upon which the votes have been counted, if the returns thereof from any county have not been received, to notify the clerk of the court of said county, and order a copy of the returns filed in his office to be forwarded forthwith. The secretary of state shall deliver the returns to the speaker of the house of representatives at the next ensuing session of the general assembly; and during the first week of the session, or as soon as the general assembly shall have organized by the election of the presiding officers of the two houses, the speaker shall open and publish them in the presence of both houses. 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.

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 officio, be president of the senate.

Sec. 6. The lieutenant-governor, while presiding in the senate, shall have no vote, unless the senate be equally divided.

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.

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.

Sec. 9. In case of the removal of the governor from his office, or his death, resignation, removal from the State, or inability to discharge the powers and duties of the said office, the same shall devolve on the lieutenant-governor, and the general assembly, at its first session after the ratification of this constitution, shall, by law, provide for the case of removal, death, resignation, or inability, both of the governor and lieutenant-governor, declaring what officer shall then Edition: current; Page: [3291] act as governor, and such officer shall act accordingly, until such disability shall have been removed, or a governor shall have been elected.

Sec. 10. The governor shall be commander-in-chief of the militia of the State, except when they shall be called into the actual service of the United States.

Sec. 11. He shall have power to grant reprieves, and pardon 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.

Sec. 12. He shall take care that the laws be faithfully executed in mercy.

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.

Sec. 14. All officers in the executive department shall, when required by the governor, give him information in writing upon any subject relating to the duties of their respective offices.

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.

Sec. 16. He may, on extraordinary occasions, convene the general assembly; and should either house remain without a quorum for five 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 time of the annual session then next ensuing.

Sec. 17. He shall commission all officers of the State.

Sec. 18. There shall be a seal of the State, for which the general assembly, at its first session, shall provide, and which shall be used by the governor officially, and shall be called “The Great Seal of the State of South Carolina.”

Sec. 19. All grants and commissions shall be issued in the name and by the authority of the State of South Carolina, sealed with the great seal, signed by the governor, and countersigned by the secretary of state.

Sec. 20. The governor and the lieutenant-governor, before entering upon the duties of their respective offices, shall take and subscribe the oath of office as prescribed in article two, section thirty, of this constitution.

Sec. 21. The governor shall reside at the capital of the State; but during the sittings of the general assembly he shall reside where its sessions are held, except in case of contagion.

Sec. 22. Every bill or joint resolution which shall have passed the general assembly, except on a question of adjournment, shall, before it becomes a law, be presented to the governor, and, if he approve, he shall sign it, if not, he shall return it, with his objections, to the house in which it shall have originated; which shall enter the Edition: current; Page: [3292] objections at large on its journals, and proceed to reconsider it. If, after such reconsideration, two-thirds of that house shall agree to pass it, it shall be sent, together with the objections, to the other house, by which it shall be reconsidered, and if approved by two-thirds of that house, it shall have the same effect as if it had been signed by the governor; but in all such cases the vote of both houses shall be taken by yeas and nays, and the names of the persons voting for and against the bill or joint resolution shall be entered on the journals of both houses respectively. If a bill or joint resolution shall not be returned by the governor within three days after it shall have been presented to him, Sundays excepted, it shall have the same force and effect as if he had signed it, unless the general assembly, by their adjournment, prevent its return, in which case it shall not have such force and effect unless returned within two days after their next meeting.

Sec. 23. There shall be elected by the qualified voters of the State a comptroller-general, and treasurer, and a secretary of state, who shall hold their respective offices for the term of four years, and whose duties and compensation shall be prescribed by law.

Article IV: JUDICIAL DEPARTMENT

Section 1. The judicial power of this State shall be vested in a supreme court, in two circuit courts, to wit: a court of common pleas, having civil jurisdiction, and a court of general sessions, with criminal jurisdiction only; in probate courts, and in justices of the peace. The general assembly may also establish such municipal and other inferior courts as may be deemed necessary.

Sec. 2. The supreme court shall consist of a chief-justice and two associate justices, any two of whom shall constitute a quorum. They shall be elected by a joint vote of the general assembly, for the term of six years, and shall continue in office until their successors shall be elected and qualified. They shall be so classified that one of the justices shall go out of office every two years.

Sec. 3. The chief-justice elected under this constitution shall continue in office for six years, and the general assembly immediately after the said election shall determine which of the two associate justices elect shall serve for the term of two years and which for the term of four years; and having so determined the same, it shall be the duty of the governor to commission them accordingly.

Sec. 4. The supreme court shall have appellate jurisdiction only in cases of chancery, and shall constitute a court for the correction of errors at law, under such regulations as the general assembly may by law prescribe: Provided, The said court shall always have power to issue writs of injunction, mandamus, quo warranto, habeas corpus, and such other original and remedial writs as may be necessary to give it a general supervisory control over all other courts in the State.

Sec. 5. The supreme court shall be held at least once in each year, at the seat of government, and at such other place or places in the State as the general assembly may direct.

Sec. 6. No judge shall preside on the trial of any cause in the event of which he may be interested, or where either of the parties shall be Edition: current; Page: [3293] connected with him by affinity or consanguinity, within such degrees as may be prescribed by law, or in which he may have been counsel, or have presided in any inferior court, except by consent of all the parties. In case all or any of the judges of the supreme court shall be thus disqualified from presiding in any cause or causes, the court, or the judges thereof, shall certify the same to the governor of the State, and he shall immediately commission, specially, the requisite number of men learned in the law for the trial and determination thereof. The same course shall be pursued in the circuit and inferior courts as is prescribed in this section for cases of the supreme court.

Sec. 7. There shall be appointed by the judges of the supreme court a reporter and clerk of said court, who shall hold their offices for two years, and whose duties and compensation shall be prescribed by law.

Sec. 8. When a judgment or decree is reversed or affirmed by the supreme court, every point made and distinctly stated in writing in the cause, and fairly arising upon the record of the case, shall be considered and decided; and the reasons therefor shall be concisely and briefly stated in writing, and preserved with the records of the case.

Sec. 9. The judges of the supreme court and circuit courts shall, at stated times, receive a compensation for their services, to be fixed by law, which shall not be diminished during their continuance in office. They shall not be allowed any fees or perquisites of office, nor shall they hold any other office of trust or profit under this State, the United States, or any other power.

Sec. 10. No person shall be eligible to the office of judge of the supreme court or circuit courts who is not at the time of his election a citizen of the United States, and has not attained the age of thirty years, and been a resident of this State for five years next preceding his election, or from the adoption of this constitution.

Sec. 11. All vacancies in the supreme court, or other inferior tribunals, shall be filled by election as herein prescribed: Provided, That if the unexpired term does not exceed one year, such vacancy may be filled by executive appointment. All judges, by virtue of their office, shall be conservators of the peace throughout the State.

Sec. 12. In all cases decided by the supreme court, a concurrence of two of the judges shall be necessary to a decision.

Sec. 13. The State shall be divided into convenient circuits, and for each circuit a judge shall be elected by joint ballot of the general assembly, who shall hold his office for a term of four years, and during his continuance in office he shall reside in the circuit of which he is judge.

Sec. 14. Judges of the circuit court shall interchange circuits with each other in such manner as may be determined by law.

Sec. 15. The courts of common pleas shall have exclusive jurisdiction in all cases of divorce, and exclusive original jurisdiction in all civil cases and actions ex delicto, which shall not be cognizable before justices of the peace, and appellate jurisdiction in all such cases as may be provided by law. They shall have power to issue writs of mandamus, prohibition, scire facias, and all other writs which may be necessary for carrying their powers fully into effect.

Sec. 16. The court of common pleas shall sit in each judicial district in this State at least twice in every year, at such stated times and places as may be appointed by law. It shall have jurisdiction in all matters of equity; but the courts heretofore established for that Edition: current; Page: [3294] purpose shall continue as now organized until the first day of January, one thousand eight hundred and sixty-nine, for the disposition of causes now pending therein, unless otherwise provided by law.

Sec. 17. The general assembly shall provide by law for the preservation of the records of the courts of equity, and also for the transfer to the court of common pleas and probate courts for final decision of all causes that may remain undetermined. It shall be the duty of the judges of the supreme and circuit courts to file their decisions within sixty days from the last day of the term of court at which the causes were heard.

Sec. 18. The court of general sessions shall have exclusive jurisdiction over all criminal cases which shall not be otherwise provided for by law. It shall sit in each county in the State at least three times in each year, at such stated times and places as the general assembly may direct.

Sec. 19. The qualified electors of each county shall elect three persons for the term of two years, who shall constitute a board of county commissioners, which shall have jurisdiction over roads, highways, ferries, bridges, and in all matters relating to taxes, disbursements of money for county purposes, and in every other case that may be necessary to the internal improvement and local concerns of the respective counties: Provided, That in all cases there shall be the right of appeal to the State courts.

Sec. 20. A court of probate shall be established in each county, with jurisdiction in all matters testamentary and of administration, in business appertaining to minors and the allotment of dower in cases of idiocy and lunacy, and persons non compotes mentis. The judge of said court shall be elected by the qualified electors of the respective counties for the term of two years.

Sec. 21. A competent number of justices of the peace and constables shall be chosen in each county by the qualified electors thereof, in such manner as the general assembly may direct; they shall hold their offices for a term of two years, and until their successors are elected and qualified. They shall reside in the county, city, or beat for which they are elected, and the justices of the peace shall be commissioned by the governor.

Sec. 22. Justices of the peace, individually, or two or more of them jointly, as the general assembly may direct, shall have original jurisdiction in cases of bastardy, and in all matters of contract, and actions for the recovery of fines and forfeitures where the amount claimed does not exceed one hundred dollars, and such jurisdiction as may be provided by law in actions ex delicto, where the damages claimed do not exceed one hundred dollars, and prosecutions for assault and battery, and other penal offences less than felony punishable by fines only.

Sec. 23. They may also sit as examining courts, and commit, discharge, or recognize (except in capital cases) persons charged with offences, subject to such regulations as the general assembly may provide; they shall also have power to bind over to keep the peace or for good behavior. For the foregoing purposes they shall have power to issue all necessary processes.

Sec. 24. Every action cognizable before justices of the peace instituted by summons or warrant shall be brought before some justice of Edition: current; Page: [3295] the peace in the county or city where the defendant resides, and in all such causes tried by them the right of appeal shall be secured, under such rules and regulations as may be provided by law.

Sec. 25. The judges of probate, county commissioners, justices of the peace, and constables shall receive for their services such compensation and fees as the general assembly may from time to time by lay direct.

Sec. 26. Judges shall not charge juries in respect to matters of fact, but may state the testimony and declare the law.

Sec. 27. There shall be elected in each county, by the electors thereof, one clerk for the court of common pleas, who shall hold his office for the term of four years, and until his successor shall be elected and qualified. He shall, by virtue of his office, be clerk of all other courts of record held therein; but the general assembly may provide by law for the election of a clerk, with a like term of office, for each or any other of the courts of record, and may authorize the judge of the probate court to perform the duties of clerk for his court, under such regulations as the general assembly may direct. Clerks of courts shall be removable for such cause and in such manner as shall be prescribed by law.

Sec. 28. There shall be an attorney-general for the State, who shall perform such duties as may be prescribed by law. He shall be elected by the qualified electors of the State for the term of four years, and shall receive for his services such compensation as shall be fixed by law.

Sec. 29. There shall be one solicitor for each circuit, who shall reside therein, to be elected by the qualified electors of the circuit, who shall hold his office for the term of four years, and shall receive for his services such compensation as shall be fixed by law. In all cases where an attorney for the State of any circuit fails to attend and prosecute, according to law, the court shall have power to appoint an attorney pro tempore.

Sec. 30. The qualified electors of each county shall elect a sheriff and a coroner for the term of four years, and until their successors are elected and qualified; they shall reside in their respective counties during their continuance in office, and be disqualified for the office a second time, if it should appear that they or either of them are in default for moneys collected by virtue of their respective offices.

Sec. 31. All writs and processes shall run and all prosecutions shall be conducted in the name of the State of South Carolina; all writs shall be attested by the clerk of the court from which they shall be issued; and all indictments shall conclude against the peace and dignity of the State.

Sec. 32. The general assembly shall provide by law for the speedy publication of the decisions of the supreme court made under this constitution.

Sec. 33. The first general assembly convened under this constitution, at their first session, immediately after their permanent organization, shall ratify the amendment to the Constitution of the United States known as the fourteenth article, proposed by the Thirty-ninth Congress.

Sec. 34. All contracts, whether under seal or not, the consideration of which were for the purchase of slaves, are hereby declared null Edition: current; Page: [3296] and void and of no effect, and no suit, either at law or equity, shall be commenced or prosecuted for the enforcement of such contracts, and all proceedings to enforce satisfaction or payment on judgments or decrees rendered, recorded, enrolled, or entered upon such contracts, in any court of this State, are hereby prohibited, and all orders heretofore made in this State in relation to such contracts, whereby property is held subject to decision as to the validity of such contracts, are also hereby declared null and void and of no effect.

Article V: JURISPRUDENCE

Section 1. The general assembly shall pass such laws as may be necessary and proper, to decide differences by arbitrators, to be appointed by the parties who may choose that summary mode of adjustment.

Sec. 2. It shall be the duty of the general assembly to pass the necessary laws for the change of venue in all cases, civil and criminal, over which the circuit courts have original jurisdiction, upon a proper showing, supported by affidavit, that a fair and impartial trial cannot be had in the county where such trial or prosecution was commenced.

Sec. 3. The general assembly, at its first session after the adoption of this constitution, shall make provision to revise, digest, and arrange, under proper heads, the body of our laws, civil and criminal, and form a penal code, founded upon principles of reformation, and have the same promulgated in such manner as they may direct, and a like revision, digest, and promulgation shall be made within every subsequent period of ten years. That justice may be administered in a uniform mode of pleading without distinction between law and equity, they shall provide for abolishing the distinct forms of action, and for that purpose shall appoint some suitable person or persons, whose duty it shall be to revise, simplify, and abridge the rules, practice, pleadings, and forms of the courts now in use in this State.

Article VI: EMINENT DOMAIN

Section 1. The State shall have concurrent jurisdiction on all rivers bordering on this State, so far as such rivers shall form a common boundary to this and any other State bounded by the same, and they, together with all other navigable waters within the limits of the State, shall be common highways, and forever free, as well to the inhabitants of this State as to the citizens of the United States, without any tax or impost therefor, unless the same be expressly provided for by the general assembly.

Sec. 2. The title to all lands and other property which have heretofore accrued to this State by grant, gift, purchase, forfeiture, escheats, or otherwise, shall vest in the State of South Carolina the same as though no change had taken place.

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Sec. 3. The people of the State are declared to possess the ultimate property in and to all lands within the jurisdiction of the State, and all lands the title to which shall fail from defect of heirs shall revert or escheat to the people.

Article VII: IMPEACHMENT

Section 1. The house of representatives shall have the sole power of impeachment. A vote of two-thirds of all the members elected shall be required for an impeachment, and any officer impeached shall thereby be suspended from office until judgment in the case shall have been pronounced.

Sec. 2. All impeachments shall be tried by the senate, and when sitting for that purpose they shall be under oath or affirmation. No person shall be convicted except by vote of two-thirds of all the members elected. When the governor is impeached, the chief justice of the supreme court, or the senior judge, shall preside, with a casting vote in all preliminary questions.

Sec. 3. The governor and all other executive and judicial officers shall be liable to impeachment; but judgment in such case shall not extend further than removal from office. The persons convicted shall, nevertheless, be liable to indictment, trial, and punishment according to law.

Sec. 4. For any wilful neglect of duty, or other reasonable cause, which shall not be sufficient ground of impeachment, the governor shall remove any executive or judicial officer on the address of two-thirds of each house of the general assembly: Provided, That the cause or causes for which said removal may be required shall be stated at length in such address and entered on the journals of each house: And provided further, That the officer intended to be removed shall be notified of such cause or causes, and shall be admitted to a hearing in his own defence before any vote for such address; and in all cases the vote shall be taken by yeas and nays, and be entered on the journals of each house respectively.

Article VIII: RIGHT OF SUFFRAGE

Section 1. In all elections by the people the electors shall vote by ballot.

Sec. 2. Every male citizen of the United States, of the age of twenty-one years and upwards, not laboring under the disabilities named in this constitution, without distinction of race, color, or former condition, who shall be a resident of this State at the time of the adoption of this constitution, or who shall thereafter reside in this State one year, and in the county in which he offers to vote sixty days next preceding any election, shall be entitled to vote for all officers that are now, or hereafter may be, elected by the people, and upon all questions submitted to the electors at any elections: Provided, That Edition: current; Page: [3298] no person shall be allowed to vote or hold office who is now or hereafter may be disqualified therefor by the Constitution of the United States, until such disqualification shall be removed by the Congress of the United States: Provided further, That no person, while kept in any almshouse or asylum, or of unsound mind, or confined in any public prison, shall be allowed to vote or hold office.

Sec. 3. It shall be the duty of the general assembly to provide from time to time for the registration of all electors.

Sec. 4. For the purpose of voting, no person shall be deemed to have lost his residence by reason of absence while employed in the service of the United States, nor while engaged upon the waters of this State or the United States, or of the high seas, nor while temporarily absent from the State.

Sec. 5. No soldier, seaman, or marine in the Army or Navy of the United States shall be deemed a resident of this State in consequence of having been stationed therein.

Sec. 6. Electors shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest and civil process during their attendance at elections, and in going to and returning from the same.

Sec. 7. Every person entitled to vote at any election shall be eligible to any office which now is or hereafter shall be elective by the people in the county where he shall have resided sixty days previous to such election, except as otherwise provided in this constitution or the Constitution and laws of the United States.

Sec. 8. The general assembly shall never pass any law that will deprive any of the citizens of this State of the right of suffrage, except for treason, murder, robbery, or duelling, whereof the persons shall have been duly tried and convicted.

Sec. 9. Presidential electors shall be elected by the people.

Sec. 10. In all elections held by the people under this constitution, the person or persons who shall receive the highest number of votes shall be declared elected.

Sec. 11. The provision of this constitution concerning the term of residence necessary to enable persons to hold certain offices therein mentioned shall not be held to apply to officers chosen by the people at the first election, or by the general assembly at its first session.

Sec. 12. No person shall be disfranchised for felony, or other crimes committed while such person was a slave.

Article IX: FINANCE AND TAXATION

Section 1. The general assembly shall provide by law for a uniform and equal rate of assessment and taxation, and shall prescribe such regulations as shall secure a just valuation for taxation of all property, real, personal, and possessory, except mines and mining claims, the proceeds of which alone shall be taxed; and also excepting such property as may be exempted by law for municipal, educational, literary, scientific, religious, or charitable purposes.

Sec. 2. The general assembly may provide annually for a poll-tax, not to exceed one dollar on each poll, which shall be applied exclusively to the public-school fund. And no additional poll-tax shall be levied by any municipal corporation.

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Sec. 3. The general assembly shall provide for an annual tax sufficient to defray the estimated expenses of the State for each year; and whenever it shall happen that such ordinary expenses of the State for any year shall exceed the income of the State for such year, the general assembly shall provide for levying a tax for the ensuing year sufficient, with other sources of income, to pay the deficiency of the preceding year, together with the estimated expenses of the ensuing year.

Sec. 4. No tax shall be levied except in pursuance of a law, which shall distinctly state the object of the same; to which object such tax shall be applied.

Sec. 5. It shall be the duty of the general assembly to enact laws for the exemption from taxation of all public schools, colleges, and institutions of learning, all charitable institutions in the nature of asylums for the infirm, deaf and dumb, blind, idiotic, and indigent persons, all public libraries, churches, and burying-grounds; but property of associations and societies, although connected with charitable objects, shall not be exempt from State, county, or municipal taxation: Provided, That this exemption shall not extend beyond the buildings and premises actually occupied by such schools, colleges, institutions of learning, asylums, libraries, churches, and burying-grounds, although connected with charitable objects.

Sec. 6. The general assembly shall provide for the valuation and assessment of all lands and the improvements thereon prior to the assembling of the general assembly of one thousand eight hundred and seventy, and thereafter on every fifth year.

Sec. 7. For the purpose of defraying extraordinary expenditures, the State may contract public debts; but such debts shall be authorized by law for some single object, to be distinctly specified therein; and no such law shall take effect until it shall have been passed by the vote of two-thirds of the members of each branch of the general assembly, to be recorded by yeas and nays on the journals of each house, respectively; and every such law shall levy a tax annually sufficient to pay the annual interest of such debt.

Sec. 8. The corporate authorities of counties, townships, school districts, cities, towns, and villages may be vested with power to assess and collect taxes for corporate purposes; such taxes to be uniform in respect to persons and property, within the jurisdiction of the body imposing the same. And the general assembly shall require that all the property, except as heretofore exempted within the limits of municipal corporations, shall be taxed for the payment of debts contracted under authority of law.

Sec. 9. The general assembly shall provide for the incorporation and organization of cities and towns, and shall restrict their powers of taxation, borrowing money, contracting debts, and loaning their credit.

Sec. 10. No scrip, certificate, or other evidence of State indebtedness shall be issued, except for the redemption of stock, bonds, or other evidences of indebtedness previously issued, or for such debts as are expressly authorized in this constitution.

Sec. 11. An accurate statement of the receipts and expenditures of the public money shall be published with the laws of each regular session of the general assembly in such manner as may by law be directed.

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Sec. 12. No money shall be drawn from the treasury but in pursuance of appropriations made by law.

Sec. 13. The fiscal year shall commence on the first day of November in each year.

Sec. 14. Any debt contracted by the State shall be by loan on State bonds, of amounts not less than fifty dollars each, on interest, payable within twenty years after the final passage of the law authorizing such debt. A correct registry of all such bonds shall be kept by the treasurer in numerical order, so as always to exhibit the number and amount unpaid and to whom severally made payable.

Sec. 15. Suitable laws shall be passed by the general assembly for the safe-keeping, transfer, and disbursement of the State, county, and school funds; and all officers and other persons charged with the same shall keep an accurate entry of each sum received and of each payment and transfer, and shall give such security for the faithful discharge of such duties as the general assembly may provide. And it shall be the duty of the general assembly to pass laws making embezzlement of such funds a felony, punishable by fine and imprisonment, proportioned to the amount of deficiency or embezzlement; and the party convicted of such felony shall be disqualified from ever holding any office of honor or emolument in this State: Provided, however, That the general assembly, by a two-thirds vote, may remove the disability upon payment in full of the principal and interest of the sum embezzled.

Sec. 16. No debt contracted by this State in behalf of the late rebellion, in whole or in part, shall ever be paid.

Article X: EDUCATION

Section 1. The supervision of public instruction shall be vested in a State superintendent of education, who shall be elected by the qualified electors of the State in such manner and at such time as the other State officers are elected; his powers, duties, term of office, and compensation shall be defined by the general assembly.

Sec. 2. There shall be elected, biennially, in each county, by the qualified electors thereof, one school commissioner, said commissioners to constitute a State board of education, of which the State superintendent shall, by virtue of his office, be chairman; the powers, duties, and compensation of the members of said board shall be determined by law.

Sec. 3. The general assembly shall, as soon as practicable after the adoption of this constitution, provide for a liberal and uniform system of free public schools throughout the State, and shall also make provision for the division of the State into suitable school districts. There shall be kept open, at least six months in each year, one or more schools in each school district.

Sec. 4. It shall be the duty of the general assembly to provide for the compulsory attendance, at either public or private schools, of all children between the ages of six and sixteen years, not physically or mentally disabled, for a term equivalent to twenty-four months, at least: Provided, That no law to that effect shall be passed until a Edition: current; Page: [3301] system of public schools has been thoroughly and completely organized, and facilities afforded to all the inhabitants of the State for the free education of their children.

Sec. 5. The general assembly shall levy, at each regular session after the adoption of this constitution, an annual tax on all taxable property throughout the State for the support of public schools, which tax shall be collected at the same time and by the same agents as the general State levy, and shall be paid into the treasury of the State. There shall be assessed on all taxable polls in the State an annual tax of one dollar on each poll, the proceeds of which tax shall be applied solely to educational purposes: Provided, That no person shall ever be deprived of the right of suffrage for the non-payment of said tax. No other poll or capitation tax shall be levied in the State, nor shall the amount assessed on each poll exceed the limit given in this section. The school-tax shall be distributed among the several school districts of the State in proportion to the respective number of pupils attending the public schools. No religious sect or sects shall have exclusive right to or control of any part of the school-funds of the State, nor shall sectarian principles be taught in the public schools.

Sec. 6. Within five years after the first regular session of the general assembly, following the adoption of this constitution, it shall be the duty of the general assembly to provide for the establishment and support of a State normal school, which shall be open to all persons who may wish to become teachers.

Sec. 7. Educational institutions for the benefit of all the blind, deaf, and dumb, and such other benevolent institutions as the public good may require, shall be established and supported by the State, subject to such regulations as may be prescribed by law.

Sec. 8. Provisions shall be made by law, as soon as practicable, for the establishment and maintenance of a State reform school for juvenile offenders.

Sec. 9. The general assembly shall provide for the maintenance of the State university, and, as soon as practicable, provide for the establishment of an agricultural college, and shall appropriate the land given to this State for the support of such a college, by the act of Congress, passed July second, one thousand eight hundred and sixty-two, or the money or scrip, as the case may be, arising from the sale of said lands, or any lands which may hereafter be given or appropriated for such purpose, for the support and maintenance of such college, and may make the same a branch of the State university, for instruction in agriculture, the mechanic arts, and the natural sciences connected therewith.

Sec. 10. All the public schools, colleges, and universities of this State, supported in whole or in part by the public funds, shall be free and open to all the children and youths of the State, without regard to race or color.

Sec. 11. The proceeds of all lands that have been or hereafter may be given by the United States to this State for educational purposes, and not otherwise appropriated by this State or the United States, and of all lands or other property given by individuals, or appropriated by the State for like purposes, and of all estates of deceased persons who have died without leaving a will or heir, shall be securely invested and sacredly preserved as a State school-fund, and Edition: current; Page: [3302] the annual interest and income of said fund, together with such other means as the general assembly may provide, shall be faithfully appropriated for the purpose of establishing and maintaining free public schools, and for no other purposes or uses whatever.

Article XI: CHARITABLE AND PENAL INSTITUTIONS

Section 1. Institutions for the benefit of the insane, blind, deaf and dumb, and the poor shall always be fostered and supported by this State, and shall be subject to such regulations as the general assembly may enact.

Sec. 2. The directors of the penitentiary shall be elected or appointed, as the general assembly may direct.

Sec. 3. The directors of the benevolent and other State institutions, such as may be hereafter created, shall be appointed by the governor, by and with the consent of the senate; and upon all nominations made by the governor, the question shall be taken by yeas and nays, and entered upon the journals.

Sec. 4. The governor shall have power to fill all vacancies that may occur in the offices aforesaid, until the next session of the general assembly, and until a successor or successors shall be appointed and confirmed.

Sec. 5. The respective counties of this State shall make such provision as may be determined by law, for all those inhabitants who by reason of age and infirmities or misfortunes may have a claim upon the sympathy and aid of society.

Sec. 6. The physician of the lunatic asylum, who shall be superintendent of the same, shall be appointed by the governor, with the advice and consent of the senate. All other necessary officers and employés shall be appointed by the governor.

Article XII: CORPORATIONS

Section 1. Corporations may be formed under general laws, but all such laws may from time to time be altered or repealed.

Sec. 2. The property of corporations now existing or hereafter created shall be subject to taxation, except in cases otherwise provided for in this constitution.

Sec. 3. No right of way shall be appropriated to the use of any corporation until full compensation therefor shall be first made, or secured by a deposit of money, to the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury of twelve men, in a court of record, as shall be prescribed by law.

Sec. 4. Dues from corporations shall be secured by such individual liability of the stockholders, and other means, as may be prescribed by law.

Sec. 5. All general laws and special acts passed pursuant to this section shall make provisions therein for fixing the personal liability Edition: current; Page: [3303] of stockholders under proper limitations; and shall prevent and punish fraudulent misrepresentations as to the capital, property, and resources of such corporations; and shall also regulate the public use of all franchises which have heretofore been or hereafter may be created or granted, by or under the authority of this State, and shall limit all tolls, imposts, and other charges and demands under such laws.

Sec. 6. The general assembly shall grant no charter for banking purposes, nor renew any banking corporations now in existence, except upon the condition that the stockholders shall be liable to the amount of their respective share or shares of stock in such banking institution, for all its debts and liabilities, upon note, bill, or otherwise; and upon the further condition that no director or other officer of said corporation shall borrow any money from said corporation; and if any director or other officer shall be convicted upon indictment of directly or indirectly violating this section, he shall be punished by fine or imprisonment, at the discretion of the court. The books, papers, and accounts of all banks shall be open to inspection, under such regulations as may be prescribed by law.

Article XIII: MILITIA

Section 1. The militia of this State shall consist of all able-bodied male citizens of the State between the ages of eighteen and forty-five years, except such persons as are now, or may hereafter be, exempted by the laws of the United States, or who may be adverse to bearing arms, as provided for in this constitution; and shall be organized, armed, equipped, and disciplined as the general assembly may by law provide.

Sec. 2. The governor shall have power to call out the militia to execute the laws, repel invasion, repress insurrection, and preserve the public peace.

Sec. 3. There shall be an adjutant and inspector general elected by the qualified electors of the State, at the same time and in the same manner as other State officers, who shall rank as a brigadier-general, and whose duties and compensation shall be prescribed by law. The governor shall appoint, by and with the advice and consent of the senate, such other staff-officers as the general assembly may direct.

Article XIV: MISCELLANEOUS

Section 1. No person shall be elected or appointed to any office in this State unless he possess the qualifications of an elector.

Sec. 2. Lotteries, and the sale of lottery-tickets, for any purpose whatever, are prohibited, and the general assembly shall prevent the same by penal laws.

Sec. 3. The State library shall be subject to such regulations as the general assembly may prescribe.

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Sec. 4. The general assembly may direct, by law, in what manner claims against the State may be established and adjusted.

Sec. 5. Divorces from the bonds of matrimony shall not be allowed but by the judgment of a court, as shall be prescribed by law.

Sec. 6. No person who denies the existence of the Supreme Being shall hold any office under this constitution.

Sec. 7. The printing of the laws, journals, bills, legislative documents, and papers for each branch of the general assembly, with the printing required for the executive and other departments of State, shall be let on contract, in such manner as shall be prescribed by law.

Sec. 8. The real and personal property of a woman, held at the time of her marriage, or that which she may thereafter acquire, either by gift, grant, inheritance, devise, or otherwise, shall not be subject to levy and sale for her husband’s debts; but shall be held as her separate property, and may be bequeathed, devised, or alienated by her the same as if she were unmarried: Provided, That no gift or grant from the husband to the wife shall be detrimental to the just claims of his creditors.

Sec. 9. The general assembly shall provide for the removal of all causes which may be pending when this constitution goes into effect to courts created by the same.

Sec. 10. The election for all State officers shall take place at the same time as is provided for that of members of the general assembly, and the election for those officers whose terms of service are for four years shall be held at the time of each alternate general election.

Article XV: AMENDMENT AND REVISION OF THE CONSTITUTION

Section 1. Any amendment or amendments to this constitution may be proposed in the senate or house of representatives. If the same be agreed to by two-thirds of the members elected to each house, such amendment or amendments shall be entered on the journals, respectively, with the yeas and nays taken thereon; and the same shall be submitted to the qualified electors of the State at the next general election thereafter for representatives, and if a majority of the electors qualified to vote for members of the general assembly, voting thereon, shall vote in favor of such amendment or amendments, and two-thirds of each branch of the next general assembly shall, after such an election, and before another, ratify the same amendment or amendments by yeas and nays, the same shall become part of the constitution: Provided, That such amendment or amendments shall have been read three times, on three several days, in each house.

Sec. 2. If two or more amendments shall be submitted at the same time, they shall be submitted in such manner that the electors shall vote for or against each of such amendments separately.

Sec. 3. Whenever two-thirds of the members elected to each branch of the general assembly shall think it necessary to call a convention to revise, amend, or change this constitution, they shall recommend to the electors to vote at the next election for representatives for or against a convention; and if a majority of all the electors voting at Edition: current; Page: [3305] said election shall have voted for a convention, the general assembly shall, at their next session, provide by law for calling the same; and such convention shall consist of a number of members, not less than that of the most numerous branch of the general assembly.

AMENDMENTS

aArt. 16. To the end that the public debt of South Carolina may not hereafter be increased, without the due consideration and free consent of the people of the State, the General Assembly is hereby forbidden to create any further debt or obligation, either by the loan of the credit of the State, by guaranty, endorsement, or otherwise, except for the ordinary and current business of the State, without first submitting the question as to the creation of any such new debt, guaranty, endorsement, or loan of its credit, to the people of this State at a general State election; and, unless two thirds of the qualified voters of this State, voting on this question, shall be in favor of a further debt, guaranty, or endorsement, or loan of its credi, none such shall be created or made.

(Approved January 29, 1873)

Art. 2. Sec. 11. Strike out all that portion of Section 11, Article 2, following the words “eighteen hundred and seventy,” occurring in the fourth and fifth lines, and insert the following: “And forever thereafter on the first Tuesday following the first Monday in November, in every second year, in such manner, and at such places, as the Legislature may provide.”

(Approved March 5, 1875)

Art. 3. Sec. 3. Strike out of Section 23 of Article 3 the word “four,” occurring in the third line, and insert the word “two,” so that the Section of the Constitution will read, when amended as follows:

Sec. 23. There shall be elected by the qualified voters of the State a Comptroller General, Secretary of State, Treasurer, Attorney General, Adjutant and Inspector General, and Superintendent of Education, who shall hold their respective offices for the term of two years, and whose duties and compensation shall be prescribed by law.”

(Approved March 11, 1875)

Art. 2. Sec. 3. That Section 3 of Article 2 of the Constitution of the State be amended by striking out the words “White Water River,” in the fifth line of said section, and inserting in the place thereof the words “Taxaway River.”

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(Approved January 26, 1878)

Art. 10. Sec. 5. The Boards of County Commissioners of the several Counties shall levy an annual tax of not less than two on the dollar upon all the taxable property in their respective Counties, which levy shall not be increased unless by special enactment of the General Assembly, for the support of public schools in their respective Counties, which tax shall be collected at the same time and by the same officers as the other taxes for the same year, and shall be held in the County Treasuries of the respective Counties, and paid out exclusively for the support of public schools as provided by law. There shall be assessed on all taxable polls in the State an annual tax of one dollar on each poll, the proceeds of which tax shall be applied solely to educational purposes. Provided, That no person shall ever be deprived of the right of suffrage for the non-payment of said tax. No other poll or capitation tax shall be levied in the State, nor shall the amount assessed on each poll exceed the limit given in this Section. The school tax shall be distributed among the several school districts of the Counties in proportion to the respective number of pupils attending the public schools. No religious sect or sects shall have exclusive right to, or control of any part of the school funds of the State, nor shall sectarian principles be taught in the public schools.

(Approved Dec. 13, 1880)

Art. 2. Sec. 32. That Section 32, Article 2, of the Constitution of this State be, and is hereby, stricken out, and the following inserted in lieu thereof:

“The General Assembly shall enact such laws as will exempt from attachment and sale under any mesne or final process issued from any Court to the head of any family residing in this State a homestead in lands, whether held in fee or any lesser estate, not to exceed in value one thousand dollars, with the yearly products thereof; and every head of a family residing in this State, whether entitled to a homestead exemption in lands or not, personal property not to exceed in value the sum of five hundred dollars: Provided, That in case any woman having a separate estate shall be married to the head of a family who has not of his own sufficient property to constitute a homestead as hereinbefore provided, said married woman shall be entitled to a like exemption as provided for the head of a family: Provided, further, That there shall not be an allowance of more than one thousand dollars worth of real estate and more than five hundred dollars worth of personal property to the husband and wife jointly: 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.

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CONSTITUTION OF THE STATE OF SOUTH CAROLINA, 1895*

The State of South Carolina:

At a Convention of the People of the State of South Carolina, begun and holden at Columbia, on the Tenth day of September, in the year of our Lord one thousand eight hundred and ninety-five, and thence continued by divers adjournments to the Fourth day of December, in the year of our Lord one thousand eight hundred and ninety-five.

Preamble

We, the people of the State of South Carolina, in Convention assembled, grateful to God for our liberties, do ordain and establish this Constitution for the preservation and perpetuation of the same.

Article I: DECLARATION OF RIGHTS

Section 1. 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.

Sec. 2. Representation in the House of Representatives shall be apportioned according to population.

Sec. 3. The General Assembly ought frequently to assemble for the redress of grievances and for making new laws, as the common good may require.

Sec. 4. The General Assembly shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble and to petition the Government or any department thereof for a redress of grievances.

Sec. 5. The privileges and immunities of citizens of this State and of the United States under this Constitution shall not be abridged, nor shall any person be deprived of life, liberty or property without due process of law, nor shall any person be denied the equal protection of the laws.

Sec. 6. All property subject to taxation shall be taxed in proportion to its value.

Sec. 7. No tax, 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 lawfully assembled.

Sec. 8. No bill of attainder, ex post facto law, law impairing the obligation of contracts, nor law granting any title of nobility or hereditary emolument, shall be passed, and no conviction shall work corruption of blood or forfeiture of estate.

Sec. 9. The right of suffrage, as regulated in this Constitution, shall be protected by law regulating elections and prohibiting, under adequate penalties, all undue influences from power, bribery, tumult or improper conduct.

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Sec. 10. All elections shall be free and open, and every inhabitant of this State possessing the qualifications provided for in this Constitution shall have an equal right to elect officers and be elected to fill public office.

Sec. 11. No property qualification, unless prescribed in this Constitution, shall be necessary for an election to or the holding of any office. No person shall be elected or appointed to office in this State for life or during good behavior, but the terms of all officers shall be for some specified period, except Notaries Public and officers in the militia. 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. 12. Temporary absence from the State shall not forfeit a residence once obtained.

Sec. 13. The power of suspending the laws or the execution of the laws shall only be exercised by the General Assembly or by its authority in particular cases expressly provided for by it.

Sec. 14. In the government of this State the legislative, 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. 15. All Courts shall be public, and every person shall have speedy remedy therein for wrongs sustained.

Sec. 16. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized.

Sec. 17. No person shall be held to answer for any crime where the punishment exceeds a fine of one hundred dollars or imprisonment for thirty days, with or without hard labor, unless on a presentment or indictment of a grand jury of the County where the crime shall have been committed, except in cases arising in the land or naval forces or in the militia when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or liberty, nor shall be compelled in any criminal case to be a witness against himself. Private property shall not be taken for private use without the consent of the owner, nor for public use without just compensation being first made therefor.

Sec. 18. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury, and to be fully informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to be fully heard in his defence by himself or by his counsel or by both.

Sec. 19. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted, nor shall witnesses be unreasonably detained. Corporal punishment shall not be inflicted. The power to punish for contempt shall not in any case extend to imprisonment in the State penitentiary.

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Sec. 20. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offences when the proof is evident or the presumption great.

Sec. 21. In all indictments or prosecutions for libel, the truth of the alleged libel may be given in evidence, and the jury shall be the judges of the law and the facts.

Sec. 22. Treason against the State shall consist alone in levying war or in giving aid and comfort to enemies against the State. No person shall be held guilty of treason, except upon testimony of at least two witnesses to the same overt act, or upon confession in open Court.

Sec. 23. The privilege of the writ of habeas corpus shall not be suspended unless when, in case of insurrection, rebellion or invasion, the public safety may require it.

Sec. 24. No person shall be imprisoned for debt except in cases of fraud.

Sec. 25. The right of trial by jury shall be preserved inviolate.

Sec. 26. A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed. As in times of peace armies are dangerous to liberty, they shall not be maintained without the consent of the General Assembly. The military power of the State shall always be held in subordination to the civil authority and be governed by it. No soldier shall in time of peace be quartered in any house without the consent of the owner, nor in time of war but in the manner to be prescribed by law.

Sec. 27. 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 and navy of the United States, and except the militia in actual service, but by the authority of the General Assembly.

Sec. 28. All navigable waters shall forever remain 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 wharfage shall be imposed, demanded or received from the owners 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. 29. The provisions of the Constitution shall be taken, deemed and construed to be mandatory and prohibitory, and not merely directory, except where expressly made directory or permissory by its own terms.

Article II: RIGHT OF SUFFRAGE

Section 1. All elections by the people shall be by ballot, and elections shall never be held or the ballots counted in secret.

Sec. 2. Every qualified elector shall be eligible to any office to be voted for, unless disqualified by age, as prescribed in this Constitution. But no person shall hold two offices of honor or profit at the same time: Provided, That any person holding another office may at the same time be an officer in the militia or a Notary Public.

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Sec. 3. Every male citizen of this State and of the United States twenty-one years of age and upwards, not laboring under the disabilities named in this Constitution and possessing the qualifications required by it, shall be an elector.

Sec. 4. The qualifications for suffrage shall be as follows:

(a) Residence in the State for two years, in the County one year, in the polling precinct in which the elector offers to vote four months, and the payment six months before any election of any poll tax then due and payable: Provided, That ministers in charge of an organized church and teachers of public schools shall be entitled to vote after six months’ residence in the State, otherwise qualified.

(b) Registration, which shall provide for the enrollment of every elector once in ten years, and also an enrollment during each and every year of every elector not previously registered under the provisions of this Article.

(c) Up to January 1st 1898, all male persons of voting age applying for registration who can read any Section in this Constitution submitted to them by the registration officer, or understand and explain it when read to them by the registration officer, shall be entitled to register and become electors. A separate record of all persons registered before January 1st, 1898, sworn to by the registration officer, shall be filed, one copy with the Clerk of Court and one in the office of the Secretary of State, on or before February 1st, 1898, and such persons shall remain during life qualified electors unless disqualified by the other provisions of this Article. The certificate of the Clerk of Court or Secretary of State shall be sufficient evidence to establish the right of said citizens to any subsequent registration and the franchise under the limitations herein imposed.

(d) Any person who shall apply for registration after January 1st, 1898, if otherwise qualified, shall be registered: Provided, That he can both read and write any Section of this Constitution submitted to him by the registration officer or can show that he owns, and has paid all taxes collectible during the previous year on property in this State assessed at three hundred dollars ($300) or more.

(e) Managers of election shall require of every elector offering to vote at any election, before allowing him to vote, proof of the payment of all taxes, including poll tax, assessed against him and collectible during the previous year. The production of a certificate or of the receipt of the officer authorized to collect such taxes shall be conclusive proof of the payment thereof.

(f) The General Assembly shall provide for issuing to each duly registered elector a certificate of registration, and shall provide for the renewal of such certificate when lost, mutilated or destroyed, if the applicant is still a qualified elector under the provisions of this Constitution, or if he has been registered as provided in subsection (c).

Sec. 5. Any person denied registration shall have the right to appeal to the Court of Common Pleas, or any Judge thereof, and thence to the Supreme Court, to determine his right to vote under the limitations imposed in this Article, and on such appeal the hearing shall be de novo, and the General Assembly shall provide by law for such appeal, and for the correction of illegal and fraudulent registration, voting, and all other crimes against the election laws.

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Sec. 6. The following persons are disqualified from being registered or voting:

First. Persons convicted of burglary, arson, obtaining goods or money under false pretenses, perjury, forgery, robbery, bribery, adultery, bigamy, wife-beating, house-breaking, receiving stolen goods, breach of trust with fraudulent intent, fornication, sodomy, incest, assault with intent to ravish, miscegenation, larceny, or crimes against the election laws: Provided, That the pardon of the Governor shall remove such disqualification.

Second. Persons who are idiots, insane, paupers supported at the public expense, and persons confined in any public prison.

Sec. 7. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States, nor while engaged in the navigation of the waters of this State, or of the United States, or of the high seas, nor while a student of any institution of learning.

Sec. 8. The General Assembly shall provide by law for the registration of all qualified electors, and shall prescribe the manner of holding elections and of ascertaining the results of the same: Provided, At the first registration under this Constitution, and until the first of January, 1898, the registration shall be conducted by a Board of three discreet persons in each County, to be appointed by the Governor, by and with the advice and consent of the Senate. For the first registration to be provided for under this Constitution, the registration books shall be kept open for at least six consecutive weeks; and thereafter from time to time at least one week in each month, up to thirty days next preceding the first election to be held under this Constitution. The registration books shall be public records open to the inspection of any citizen at all times.

Sec. 9. The General Assembly shall provide for the establishment of polling precincts in the several Counties of the State, and those now existing shall so continue until abolished or changed. Each elector shall be required to vote at his own precinct, but provision shall be made for his transfer to another precinct upon his change of residence.

Sec. 10. The General Assembly shall provide for the regulation of party primary elections and punishing fraud at the same.

Sec. 11. The registration books shall close at least thirty days before an election, during which time transfers and registration shall not be legal: Provided, Persons who will become of age during that period shall be entitled to registration before the books are closed.

Sec. 12. Electors in municipal elections shall possess the qualifications and be subject to the disqualifications herein prescribed. The production of a certificate of registration from the registration officers of the County as an elector at a precinct included in the incorporated city or town in which the voter desires to vote is declared a condition prerequisite to his obtaining a certificate of registration for municipal elections, and in addition he must have been a resident within the corporate limits at least four months before the election and have paid all taxes due and collectible for the preceding fiscal year. The General Assembly shall provide for the registration of all voters before each election in municipalities: Provided, That nothing herein contained Edition: current; Page: [3312] shall apply to any municipal elections which may be held prior to the general election of the year 1896.

Sec. 13. In authorizing a special election in any incorporated city or town in this State for the purpose of bonding the same, the General Assembly shall prescribe as a condition precedent to the holding of said election a petition from a majority of the freeholders of said city or town as shown by its tax books, and at such elections all electors of such city or town who are duly qualified for voting under Section 12 of this Article, and who have paid all taxes, State, County and municipal, for the previous year, shall be allowed to vote; and the vote of a majority of those voting in said election shall be necessary to authorize the issue of said bonds.

Sec. 14. Electors shall in all cases except treason, felony, or a breach of the peace, be privileged from arrest on the days of election during their attendance at the polls, and going to and returning therefrom.

Sec. 15. No power civil, or military, shall at any time interfere to prevent the free exercise of the right of suffrage in this State.

Article III: 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 citizens of this State, qualified as in this Constitution is provided.

Sec. 3. The House of Representatives shall consist of one hundred and twenty-four members, to be apportioned among the several Counties according to the number of inhabitants contained in each. Each County shall constitute one Election District. An enumeration of the inhabitants for this purpose shall be made in the year nineteen hundred and one, and shall be made in the course of every tenth year thereafter, in such manner 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 enumeration of the inhabitants of the several Counties, and make the apportionment of Representatives among the several Counties according to said enumeration: Provided, further, That until the apportionment which shall be made upon the next enumeration shall take effect, the representation of the several Counties as they now exist (including the County of Saluda established by ordinance) shall be as follows: Abbeville, 5; Aiken, 3; Anderson, 5; Barnwell, 5; Beaufort, 4; Berkeley, 4; Charleston, 9; Chester, 3; Chesterfield, 2; Clarendon, 3; Colleton, 4; Darlington, 3; Edgefield, 3; Fairfield, 3; Florence, 3; Georgetown, 2; Greenville, 5; Hampton, 2; Horry, 2; Kershaw, 2; Lancaster, 2; Laurens, 3; Lexington, 2; Marion, 3; Marlboro, 3; Newberry, 3; Oconee, 2; Orangeburg, 5; Pickens, 2; Richland, 4; Saluda, 2; Spartanburg, 6; Sumter, 5; Union, 3; Williamsburg, 3; York, 4: Provided further, That in the event other Counties are hereafter established, then the General Assembly shall reapportion the Representatives between the Counties.

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Sec. 4. 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 number of inhabitants in the State: Provided, That if in the apportionment 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 in the number of Representatives required by Section third of this Article, such deficiency shall be supplied by assigning Representatives to those Counties having the largest surplus fractions.

Sec. 5. No apportionment of Representatives shall take effect until the general election which shall succeed such apportionment.

Sec. 6. The Senate shall be composed of one member from each County, to be elected for the term of four years by the qualified electors in each County, in the same manner in which members of the House of Representatives are chosen.

Sec. 7. 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 duly qualified elector under this Constitution in the County in which he may be chosen. Senators shall be at least twenty-five and Representatives at least twenty-one years of age.

Sec. 8. The first election for members of the House of Representatives under this Constitution shall be held on Tuesday after the first Monday in November, eighteen hundred and ninety-six, and in every second year thereafter, in such manner and at such places as the General Assembly may prescribe; and the first election for Senators shall be held on Tuesday after the first Monday in November, eighteen hundred and ninety-six, and every fourth year thereafter, except in Counties in which there was an election for Senator in eighteen hundred and ninety-four for a full term, in which Counties no election for Senator shall be held until the general election to be held in eighteen hundred and ninety-eight, and every fourth year thereafter, except to fill vacancies. Senators shall be so classified that one-half of their number, as nearly as practicable, shall be chosen every two years. Whenever the General Assembly shall establish more than one County at any session, it shall so prescribe the first term of the Senators from such Counties as to observe such classification.

Sec. 9. The annual session of the General Assembly heretofore elected, fixed by the Constitution of the year eighteen hundred and sixty-eight to convene on the fourth Tuesday of November, in the year eighteen hundred and ninety-five, is hereby postponed, and the same shall be convened and held in the city of Columbia on the second Tuesday of January, in the year eighteen hundred and ninety-six. The first session of the General Assembly elected under this Constitution shall convene in Columbia on the second Tuesday in January, in the year eighteen hundred and ninety-seven, and thereafter annually at the same time and place. Should the casualties of war or contagious diseases 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. Members of the General Assembly shall not receive any compensation for more than forty days of any one session: Provided, That this limitation shall not Edition: current; Page: [3314] affect the first four sessions of the General Assembly under this Constitution.

Sec. 10. The terms of office of the Senators and Representatives chosen at a general election shall begin on the Monday following such election.

Sec. 11. 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 or rule.

Sec. 12. Each house shall choose its own officers, determine its rules of procedure, 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.

Sec. 13. 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 the 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. 14. 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 protect any member who shall be charged with treason, felony or breach of the peace.

Sec. 15. Bills for raising revenue shall originate in the House of Representatives, but may be altered, amended or rejected by the Senate; all other Bills may originate in either house, and may be amended, altered or rejected by the other.

Sec. 16. The style of all laws shall be: “Be it enacted by the General Assembly of the State of South Carolina.”

Sec. 17. Every Act or resolution having the force of law shall relate to but one subject, and that shall be expressed in the title.

Sec. 18. No Bill or Joint Resolution 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 by the President of the Senate and the Speaker of the House of Representatives: Provided, That either branch of the General Assembly may provide by rule for a first and third reading of any Bill or Joint Resolution by its title only.

Sec. 19. Each member of the General Assembly shall receive five cents for every mile for the ordinary route of travel in going to and returning from the place where its sessions are held; no General Assembly shall have the power to increase the per diem of its own members; and members of the General Assembly when convened in extra session shall receive the same compensation as is fixed by law for the regular session.

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Sec. 20. 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. 21. 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 it shall be at the time sitting.

Sec. 22. Each house shall keep a journal of its own proceedings, 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 ten members of the House or five members of the Senate, respectively, be entered on the journal. 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 journal.

Sec. 23. The doors of each house shall be open, except on such occasions as in the opinion of the House may require secrecy.

Sec. 24. No person shall be eligible to a seat in the General Assembly while he holds any office or position 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 or Notaries Public; and if any member shall accept or exercise any of the said disqualifying offices or positions he shall vacate his seat.

Sec. 25. 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 from the State, accept any disqualifying office or position, 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. 26. Members of the General Assembly, and all officers, before they enter upon 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 swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been elected, (or 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 of the United States. I do further solemnly swear (or affirm) that I have not since the first day of January, in the year eighteen hundred and eighty-one, engaged in a duel as principal or second or otherwise; and that I will not, during the term of office to which I have been elected (or appointed) engage in a duel as principal or second or otherwise. So help me God.”

Sec. 27. 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.

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Sec. 28. The General Assembly shall enact such laws as will exempt from attachment, levy and sale under any mesne or final process issued from any Court, to the head of any family residing in this State, a homestead in lands, whether held in fee or any lesser estate, to the value of one thousand dollars, or so much thereof as the property is worth if its value is less than one thousand dollars, with the yearly products thereof, and to every head of a family residing in this State, whether entitled to a homestead exemption in lands or not, personal property to the value of five hundred dollars, or so much thereof as the property is worth if its value is less than five hundred dollars. The title to the homestead to be set off and assigned shall be absolute and be forever discharged from all debts of the said debtor then existing or thereafter contracted except as hereinafter provided: Provided, That in case any woman having a separate estate shall be married to the head of a family who has not of his own sufficient property to constitute a homestead as hereinbefore provided, said married woman shall be entitled to a like exemption as provided for the head of a family: Provided, further, That there shall not be an allowance of more than one thousand dollars’ worth of real estate and more than five hundred dollars’ worth of personal property to the husband and wife jointly: Provided, further, 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 personal property exemption or the erection or making of improvements or repairs 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: Provided, further, That no waiver shall defeat the right of homestead before assignment except it be by deed of conveyance, or by mortgage, and only as against the mortgage debt; and no judgment creditor or other creditor whose lien does not bind the homestead shall have any right or equity to require that a lien which embraces the homestead and other property shall first exhaust the homestead: Provided, further, That after a homestead in lands has been set off and recorded the same shall not be waived by deed of conveyance, mortgage or otherwise, unless the same be executed by both husband and wife, if both be living: Provided, further, That any person not the head of a family shall be entitled to a like exemption as provided for the head of a family in all necessary wearing apparel and tools and implements of trade, not to exceed in value the sum of three hundred dollars.

Sec. 29. All taxes upon property, real and 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.

Sec. 30. The General Assembly shall never grant extra compensation, fee or allowance to any public officer, agent, servant or contractor after service rendered, or contract made, nor authorize payment or part payment of any claim under any contract not authorized by law; but appropriations may be made for expenditures in repelling invasion, preventing or suppressing insurrection.

Sec. 31. Lands belonging to or under the control of the State shall never be donated, directly or indirectly, to private corporations or Edition: current; Page: [3317] individuals, or to railroad companies. Nor shall such land be sold to corporations, or associations, for a less price than that for which it can be sold to individuals. This, however, shall not prevent the General Assembly from granting a right of way, not exceeding one hundred and fifty feet in width, as a mere easement to railroads across State lands, nor to interfere with the discretion of the General Assembly in confirming the title to lands claimed to belong to the State, but used or possessed by other parties under an adverse claim.

Sec. 32. The General Assembly shall not authorize payment to any person of the salary of a deceased officer beyond the date of his death; nor grant pensions except for military and naval service; nor retire any officer on pay or part pay.

Sec. 33. The marriage of a white person with a negro or mulatto, or person who shall have one-eighth or more negro blood, shall be unlawful and void. No unmarried woman shall legally consent to sexual intercourse who shall not have attained the age of fourteen years.

Sec. 34. The General Assembly of this State shall not enact local or special laws concerning any of the following subjects or for any of the following purposes, to wit:

I. To change the names of persons or places.

II. To lay out, open, alter or work roads or highways.

III. To incorporate cities, towns or villages, or change, amend or extend the charter thereof.

IV. To incorporate educational, religious, charitable, social, manufacturing or banking institutions not under the control of the State, or amend or extend the charters thereof.

V. To incorporate school districts.

VI. To authorize the adoption or legitimation of children.

VII. To provide for the protection of game.

VIII. To summon and empanel grand or petit jurors.

IX. To provide for the age at which citizens shall be subject to road or other public duty.

X. To fix the amount or manner of compensation to be paid to any County officer, except that the laws may be so made as to grade the compensation in proportion to the population and necessary service required.

XI. In all other cases, where a general law can be made applicable, no special law shall be enacted.

XII. The General Assembly shall forthwith enact general laws concerning said subjects for said purposes, which shall be uniform in their operations: Provided, That nothing contained in this Section shall prohibit the General Assembly from enacting special provisions in general laws.

XIII. The provisions of this Section shall not apply to charitable and educational corporations where, under the terms of a gift, devise or will, special incorporation may be required.

Section 35. It shall be the duty of the General Assembly to enact laws limiting the number of acres of land which any alien or any corporation controlled by aliens may own within this State.

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Article IV: 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 day as shall be provided by law. The other State officers-elect shall at the same time enter upon the performance of their duties.

Sec. 3. No person shall be eligible to the office of Governor who denies the existence of the Supreme Being; or who at the time of such election has not attained the age of thirty years; and who shall not have been a citizen of the United States and a citizen and resident of this State for five years next preceding the day of election. No person while Governor shall hold any office or other commission (except in the militia) under the authority of this State, or of any other power, at one and the same time.

Sec. 4. The returns of every election for Governor shall be sealed up by the Boards of Canvassers in the respective Counties, and transmitted, by mail, 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; and duplicates of said returns shall be filed with the Clerks of the Court of said Counties. It shall be the duty of any Clerk of Court to forward to the Secretary of State a certified copy of said returns upon being notified that the returns previously forwarded by mail have not been received at his office. It shall be the duty of the Secretary of State, after the expiration of seven days from the day upon which the votes have been canvassed by the County Board, if the returns thereof from any County have not been received, to notify the Clerk of the Court of said County, and order a copy of the returns filed in his office to be forwarded forthwith. The Secretary of State shall deliver the returns to the Speaker of the House of Representatives, at the next ensuing session of the General Assembly; and during the first week of the session, or as soon as the General Assembly shall have organized by the election of the presiding officers of the two houses, the Speaker shall open and publish them in the presence of both houses. 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.

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 officio, be President of the Senate.

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Sec. 6. The Lieutenant Governor while presiding in the Senate shall have no vote, unless the Senate be equally divided.

Sec. 7. The Senate shall, as soon as practicable after the convening of the General Assembly, choose a President pro tempore to act in the absence of the Lieutenant Governor, or when he shall fill the office of Governor.

Sec. 8. A member of the Senate acting as Governor or Lieutenant Governor shall thereupon vacate his seat and another person shall be elected in his stead.

Sec. 9. In case of the removal of the Governor from office by impeachment, death, resignation, disqualification, disability, or removal from the State, the Lieutenant Governor shall then be Governor; and in case of the removal of the last named officer from his office by impeachment, death, resignation, disqualification, disability, or removal from the State, the President pro tempore of the Senate shall be Governor; and the last named officer shall then forwith, by proclamation, convene the Senate in order that a President pro tempore may be chosen. In case the Governor be impeached, the Lieutenant Governor shall act in his stead and have his powers until judgment in the case shall have been pronounced. In case of the temporary disability of the Governor the Lieutenant Governor shall perform the duties of the Governor.

Sec. 10. The Governor shall be Commander-in-Chief of the militia of the State, except when they shall be called into the active service of the United States.

Sec. 11. He shall have power to grant reprieves, commutations 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 the report of the Board of Pardons. Every petition for pardon or commutation of sentence may be first referred by him to a Board of Pardons, to be provided by the General Assembly, which Board shall hear all such petitions under such rules and regulations as the General Assembly may provide. The Governor may adopt the recommendations of said Board, but in case he does not he shall submit his reasons to the General Assembly.

Sec. 12. He shall take care that the laws be faithfully executed in mercy.

Sec. 13. The Governor and Lieutenant Governor shall, at stated times, receive for their services compensation, which shall be neither increased nor diminished during the period for which they shall have been elected.

Sec. 14. All officers in the Executive Department, and all Boards of public institutions, shall, when required by the Governor, give him information in writing upon any subject relating to the duties of their respective offices or the concerns of their respective institutions, including itemized accounts of receipts and disbursements.

Sec. 15. The Governor shall, from time to time, give to the General Assembly information of the condition of the State, and recommend for its consideration such measures as he shall deem necessary or expedient.

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Sec. 16. He may on extraordinary occasions convene the General Assembly in extra session. Should either house remain without a quorum for five days, or in case of disagreement between the two houses during any session with respect to the time of adjournment, he may adjourn them to such time as he shall think proper, not beyond the time of the annual session then next ensuing.

Sec. 17. He shall commission all officers of the State.

Sec. 18. The Seal of the State now in use shall be used by the Governor officially, and shall be called “The Great Seal of the State of South Carolina.”

Sec. 19. All grants and commissions shall be issued in the name and by the authority of the State of South Carolina, sealed with the great Seal, signed by the Governor, and countersigned by the Secretary of State.

Sec. 20. The Governor and Lieutenant Governor, before entering upon the duties of their respective offices, shall take and subscribe the oath of office as prescribed in Article III, Section 26, of the Constitution.

Sec. 21. The Governor shall reside at the Capital of the State, except in cases of contagion or the emergencies of war; but during the sittings of the General Assembly he shall reside where its sessions are held.

Sec. 22. Whenever it shall be brought to the notice of the Governor by affidavit that any officer who has the custody of public or trust funds is probably guilty of embezzlement or the appropriation of public or trust funds to private use, then the Governor shall direct his immediate prosecution by the proper officer, and upon true bill found the Governor shall suspend such officer and appoint one in his stead, until he shall have been acquitted by the verdict of a jury. In case of conviction the office shall be declared vacant and the vacancy filled as may be provided by law.

Sec. 23. Every Bill or Joint Resolution which shall have passed the General Assembly, except on a question of adjournment, shall, before it becomes a law, be presented to the Governor, and if he approve he shall sign it; if not, he shall return it, with his objections, to the house in which it originated, which shall enter the objections at large on its Journal and proceed to reconsider it. If after such reconsideration two-thirds of that house shall agree to pass it, it shall be sent, together with the objections, to the other house, by which it shall be reconsidered, and if approved by two-thirds of that house it shall have the same effect as if it had been signed by the Governor; but in all such cases the vote of both houses shall be taken by yeas and nays, and the names of the persons voting for and against the Bill or Joint Resolution shall be entered on the Journals of both houses respectively. Bills appropriating money out of the Treasury shall specify the objects and purposes for which the same are made, and appropriate to them respectively their several amounts in distinct items and Sections. If the Governor shall not approve any one or more of the items or Sections contained in any Bill, but shall approve of the residue thereof, it shall become a law as to the residue in like manner as if he had signed it. The Governor shall then return the Bill with his objections to the items or Sections of the same not approved by him to the house in which the Bill originated, which house shall enter the objections at large upon its Journal and proceed to reconsider so much of Edition: current; Page: [3321] said Bill as is not approved by the Governor. The same proceedings shall be had in both houses in reconsidering the same as is provided in case of an entire Bill returned by the Governor with his objections; and if any item or Section of said Bill not approved by the Governor shall be passed by two-thirds of each house of the General Assembly, it shall become a part of said law notwithstanding the objections of the Governor. If a Bill or Joint Resolution shall not be returned by the Governor within three days after it shall have been presented to him, Sundays excepted, it shall have the same force and effect as if he had signed it, unless the General Assembly, by adjournment, prevent its return, in which case it shall have such force and effect unless returned within two days after the next meeting.

Sec. 24. There shall be elected by the qualified voters of the State a Secretary of State, a Comptroller-General, an Attorney-General, a Treasurer, an Adjutant and Inspector-General, and a Superintendent of Education, who shall hold their respective offices for the term of two years, and until their several successors have been chosen and qualified; and whose duties and compensation shall be prescribed by law. The compensation of such officers shall be neither increased nor diminished during the period for which they shall have been elected.

Article V: JUDICIAL DEPARTMENT

Section 1. The judicial power of this State shall be vested in a Supreme Court, in two Circuit Courts, to wit: A Court of Common Pleas having civil jurisdiction and a Court of General Sessions with criminal jurisdiction only. The General Assembly may also establish County Courts, Municipal Courts and such Courts in any or all of the Counties of this State inferior to Circuit Courts as may be deemed necessary, but none of such Courts shall ever be invested with jurisdiction to try cases of murder, manslaughter, rape or attempt to rape, arson, common law burglary, bribery or perjury: Provided, Before a County Court shall be established in any County it must be submitted to the qualified electors and a majority of those voting must vote for its establishment.

Sec. 2. The Supreme Court shall consist of a Chief Justice and three Associate Justices, any three of whom shall constitute a quorum for the transaction of business. The Chief Justice shall preside, and in his absence the senior Associate Justice. They shall be elected by a joint viva voce vote of the General Assembly for the term of eight years, and shall continue in office until their successors shall be elected and qualified, and shall be so classified that one of them shall go out of office every two years.

Sec. 3. The present Chief Justice and Associate Justices of the Supreme Court are declared to be the Chief Justice and two of the Associate Justices of said Court as herein established until the terms for which they were elected shall expire, and the General Assembly at its next session shall elect the third Associate Justice and make suitable provision for accomplishing the classification above directed.

Sec. 4. The Supreme Court shall have power to issue writs or orders of injunction, mandamus, quo warranto, prohibition, certiorari, habeas corpus and other original and remedial writs. And said Court Edition: current; Page: [3322] shall have appellate jurisdiction only in cases of chancery, and in such appeals they shall review the findings of fact as well as the law, except in chancery cases where the facts are settled by a jury and the verdict not set aside, and shall constitute a Court for the correction of errors at law under such regulations as the General Assembly may by law prescribe.

Sec. 5. The Supreme Court shall be held at least twice in each year at the seat of government and at such other place or places in the State as the General Assembly may direct.

Sec. 6. No Judge shall preside at the trial of any cause in the event of which he may be interested, or when either of the parties shall be connected with him by affinity or consanguinity, within such degrees as may be prescribed by law, or in which he may have been counsel or have presided in any inferior Court. In case all or any of the Justices of the Supreme Court shall be thus disqualified, or be otherwise prevented from presiding in any cause or causes, the Court or the Justices thereof shall certify the same to the Governor of the State, and he shall immediately commission, specially, the requisite number of men learned in the law for the trial and determination thereof. The same course shall be pursued in the Circuit and inferior Courts as is prescribed in this Section for cases of the Supreme Court. The General Assembly shall provide by law for the temporary appointment of men learned in the law to hold either special or regular terms of the Circuit Courts whenever there may be necessity for such appointment.

Sec. 7. There shall be appointed by the Justices of the Supreme Court a Reporter and a Clerk of said Court, who shall hold their offices for four years, and whose duties and compensation shall be prescribed by law.

Sec. 8. When a judgment or decree is reversed or affirmed by the Supreme Court, every point made and distinctly stated in the cause and fairly arising upon the record of the case shall be considered and decided, and the reason thereof shall be concisely and briefly stated in writing and preserved with the record of the case.

Sec. 9. The Justices of the Supreme Court and Judges of the Circuit Court shall each receive compensation for their services to be fixed by law, which shall not be increased or diminished during their continuance in office. They shall not be allowed any fees or perquisites of office, nor shall they hold any other office of trust or profit under this State, the United States, or any other power.

Sec. 10. No person shall be eligible to the office of Chief Justice, Associate Justice or Judge of the Circuit Court who is not at the time of his election a citizen of the United States and of this State, and has not attained the age of twenty-six years, has not been a licensed attorney at law for at least five years, and been a resident of this State for five years next preceding his election.

Sec. 11. All vacancies in the Supreme Court or inferior tribunals shall be filled by elections as herein prescribed: Provided, That if the unexpired term does not exceed one year such vacancy may be filled by Executive appointment. All Judges, by virtue of their office, shall be conservators of the peace throughout the State; and when a vacancy is filled by either appointment or election, the incumbent shall hold only for the unexpired term of his predecessor.

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Sec. 12. In all cases decided by the Supreme Court the concurrence of three of the Justices shall be necessary for a reversal of the judgment below, but if the four Justices equally divide in opinion the judgment below shall be affirmed, subject to the provisions hereinafter prescribed. Whenever, upon the hearing of any cause or question before the Supreme Court, in the exercise of its original or appellate jurisdiction, it shall appear to the Justices thereof, or any two of them, that there is involved a question of constitutional law, or of conflict between the Constitution and laws of this State and of the United States, or between the duties and obligations of her citizens under the same, upon the determination of which the entire Court is not agreed; or whenever the Justices of said Court, or any two of them, desire it on any cause or question so before said Court, the Chief Justice, or in his absence the presiding Associate Justice, shall call to the assistance of the Supreme Court all of the Judges of the Circuit Court: Provided, however, That when the matter to be submitted is involved in an appeal from the Circuit Court, the Circuit Judge who tried the cause shall not sit. A majority of the Justices of the Supreme Court and Circuit Judges shall constitute a quorum. The decision of the Court so constituted, or a majority of the Justices and Judges sitting, shall be final and conclusive. In such case the Chief Justice, or in his absence the presiding Associate Justice, shall preside. Whenever the Justices of the Supreme Court and the Circuit Judges meet together for the purposes aforesaid, if the number thereof qualified to sit constitute an even number, then one of the Circuit Judges must retire; and the Circuit Judges present shall determine by lot which of their number shall retire.

Sec. 13. The State shall be divided into as many Judicial Circuits as the General Assembly may prescribe, and for each Circuit a Judge shall be elected by joint viva voce vote of the General Assembly, who shall hold his office for a term of four years; and at the time of his election he shall be an elector of a County of, and during his continuance in office he shall reside in, the Circuit of which he is Judge. The present Judges of the Circuit Courts shall continue in office until the expiration of the terms for which they were elected, and, should a new division of the Judicial Circuits be made, shall be the Judges of the respective Circuits in which they shall reside after said division.

Sec. 14. Judges of the Circuit Courts shall interchange Circuits with each other, and the General Assembly shall provide therefor.

Sec. 15. The Courts of Common Pleas shall have original jurisdiction, subject to appeal to the Supreme Court, to issue writs or orders of injunction, mandamus, habeas corpus, and such other writs as may be necessary to carry their powers into full effect. They shall have jurisdiction in all civil cases. They shall have appellate jurisdiction in all cases within the jurisdiction of inferior Courts, except from such inferior Courts from which the General Assembly shall provide an appeal directly to the Supreme Court.

Sec. 16. The Court of Common Pleas shall sit in each County in this State at least twice in every year at such stated times and places as may be appointed by law.

Sec. 17. It shall be the duty of the Justices of the Supreme Court to file their decisions within sixty days from the last day of the Court at which the cases were heard; and the duty of the Judges of the Edition: current; Page: [3324] Circuit Courts to file their decisions within sixty days from the rising of the last Court of the Circuit then being held.

Sec. 18. The Court of General Sessions shall have jurisdiction in all criminal cases except those cases in which exclusive jurisdiction shall be given to inferior Courts, and in these it shall have appellate jurisdiction. It shall also have concurrent jurisdiction with, as well as appellate jurisdiction from, the inferior Courts in all cases of riot, assault and battery, and larceny. It shall sit in each County in the State at least twice in each year at such stated times and places as the General Assembly may direct.

Sec. 19. The Court of Probate shall remain as now established in the County of Charleston. In all other Counties of the State the jurisdiction in all matters testamentary and of administration, in business appertaining to minors and the allotment of dower, in cases of idiocy and lunacy, and persons non compos mentis, shall be vested as the General Assembly may provide, and until such provision such jurisdiction shall remain in the Court of Probate as now established.

Sec. 20. A sufficient number of Magistrates shall be appointed and commissioned by the Governor, by and with the advice and consent of the Senate, for each County, who shall hold their offices for the term of two years and until their successors are appointed and qualified. Each Magistrate shall have the power, under such regulations as may now or hereafter be provided by law, to appoint one or more Constables to execute writs and processes issued by him. The present Trial Justices are declared Magistrates as herein created, and shall exercise the powers and duties of said office of Magistrate until their successors shall be appointed and qualified. Each Magistrate shall receive a salary, to be fixed by the General Assembly, in lieu of all fees in criminal cases.

Sec. 21. Magistrates shall have jurisdiction in such civil cases as the General Assembly may prescribe: Provided, Such jurisdiction shall not extend to cases where the value of property in controversy, or the amount claimed, exceeds one hundred dollars, or to cases where the title to real estate is in question, or to cases in chancery. They shall have exclusive jurisdiction in such criminal cases as the General Assembly may prescribe: Provided, further, Such jurisdiction shall not extend to cases where the punishment exceeds a fine of one hundred dollars or imprisonment for thirty days. In criminal matters beyond their jurisdiction to try, they shall sit as Examining Courts, and commit, discharge or (except in capital cases) recognize persons charged with such offences, subject to such regulations as the General Assembly may provide. They shall also have the power to bind over to keep the peace and for good behavior for a time not to exceed twelve months.

Sec. 22. All persons charged with an offence shall have the right to demand and obtain a trial by jury. The jury in cases civil or criminal in all municipal Courts, and Courts inferior to Circuit Courts, shall consist of six. The grand jury of each County shall consist of eighteen members, twelve of whom must agree in a matter before it can be submitted to the Court.

The petit jury of the Circuit Courts shall consist of twelve men, all of whom must agree to a verdict in order to render the same.

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Each juror must be a qualified elector under the provisions of this Constitution, between the ages of twenty-one and sixty-five years, and of good moral character.

Sec. 23. Every civil action cognizable by Magistrates shall be brought before a Magistrate in the County where the defendant resides, and every criminal action in the County where the offence was committed. In all cases tried by them, the right of appeal shall be secured under such rules and regulations as may be provided by law: Provided, That in Counties where Magistrates have separate and exclusive territorial jurisdiction, criminal causes shall be tried in the Magistrate’s district where the offence was committed, subject to such provision for change of venue from one Magistrate’s district to another in the same County as may be provided by the General Assembly.

Sec. 24. All officers other than those named in Section nine provided for in this Article shall receive for their services such compensation as the General Assembly may from time to time by law direct.

Sec. 25. Each of the Justices of the Supreme Court and Judges of the Circuit Court shall have the same power at chambers to issue writs of habeas corpus, mandamus, quo warranto, certiorari, prohibition and interlocutory writs or orders of injunction as when in open Court. The Judges of the Circuit Courts shall have such powers at chambers as the General Assembly may provide.

Sec. 26. Judges shall not charge juries in respect to matters of fact, but shall declare the law.

Sec. 27. There shall be elected in each County, by the electors thereof, one Clerk for the Court of Common Pleas, who shall hold his office for the term of four years, and until his successor shall be elected and qualified. He shall, by virtue of his office, be Clerk of all other Courts of record held therein, but the General Assembly may provide by law for the election of a Clerk, with a like term of office, for each or any other of the Courts of record, and may authorize the Judge of the Probate Court to perform the duties of Clerk for his Court under such regulations as the General Assembly may direct. Clerks of Courts shall be removable for such cause and in such manner as shall be prescribed by law.

Sec. 28. There shall be an Attorney General for the State, who shall perform such duties as may be prescribed by law. He shall be elected by the qualified electors of the State for the term of two years, and shall receive for his services such compensation as shall be fixed by law.

Sec. 29. There shall be one Solicitor for each Circuit, who shall reside therein, to be elected by the qualified electors of the Circuit, who shall hold his office for the term of four years, and shall receive for his services such compensation as shall be fixed by law. In all cases when an Attorney for the State of any Circuit fails to attend and prosecute according to law, the Court shall have power to appoint an Attorney pro tempore. In the event of the establishment of County Courts the General Assembly may provide for one Solicitor for each County in the place and in stead of the Circuit Solicitor, and may prescribe his powers, duties and compensation.

Sec. 30. The qualified electors of each County shall elect a Sheriff and Coroner, for the term of four years, and until their successors are Edition: current; Page: [3326] elected and qualified; they shall reside in their respective Counties during their continuance in office, and be disqualified for the office a second time if it should appear that they, or either of them, are in default for moneys collected by virtue of their respective offices.

Sec. 31. All writs and processes shall run and all prosecutions shall be conducted in the name of the State of South Carolina; all writs shall be attested by the Clerk of the Court from which they shall be issued; and all indictments shall conclude “against the peace and dignity of the State.”

Sec. 32. The General Assembly shall provide by law for the speedy publication of the decisions of the Supreme Court made under this Constitution.

Sec. 33. Circuit Courts and all Courts inferior thereto and municipal Courts shall have the power, in their discretion, to impose sentence of labor upon highways, streets and other public works upon persons by them sentenced to imprisonment.

Sec. 34. All matters, civil and criminal, now pending within the jurisdiction of any of the Courts of this State shall continue therein until disposed of according to law.

Article VI: JURISPRUDENCE

Section 1. The General Assembly shall pass laws allowing differences to be decided by arbitrators, to be appointed by the parties who may choose that mode of adjustment.

Sec. 2. It shall be the duty of the General Assembly to pass laws for the change of venue in all cases, civil and criminal, over which the Circuit Courts have original jurisdiction, upon a proper showing, supported by affidavit, that a fair and impartial trial cannot be had in the County where such action or prosecution was commenced. The State shall have the same right to move for a change of venue that a defendant has for such offences as the General Assembly may prescribe. Unless a change of venue be had under the provisions of this Article the defendant shall be tried in the County where the offence was committed: Provided, however, That no change of venue shall be granted in criminal cases until after a true bill has been found by the grand jury: And provided, further, That if a change be ordered it shall be to a County in the same Judicial Circuit.

Sec. 3. Justice shall be administered in a uniform mode of pleading without distinction between law and equity.

Sec. 4. Every Statute shall be a public law, unless otherwise declared in the Statute itself.

Sec. 5. The General Assembly, at its first session after the adoption of this Constitution, shall provide for the appointment or election of a Commissioner, whose duty it shall be to collect and revise all the General Statute law of this State then of force as well as that which shall be passed from time to time, and to properly index and arrange the said Statutes when so passed. And the said Commissioner shall reduce into a systematic Code the general statutes, including the Code of Civil Procedure, with all the amendments thereto, and shall, on the first day of the session for the year nineteen hundred and one, and at the end of every subsequent period of not more than Edition: current; Page: [3327] ten years, report the result of his labors to the General Assembly, with such recommendations and suggestions as to the abridgment and amendments as may be deemed necessary or proper. Said report, when ready to be made, shall be printed and a copy thereof laid upon the desk of each member of both houses of the General Assembly on the first day of the first session, but shall not be taken up for consideration until the next session of said General Assembly. The said Code shall be declared by the General Assembly, in an Act passed according to the forms in this Constitution for the enactment of laws, to be the only general statutory law of the State; but no alterations or additions to any of the laws therein contained shall be made except by Bill passed under the formalities heretofore prescribed for the passage of laws. Provision shall be made by law for filling vacancies, regulating the term of office and the compensation of said Commissioner, not exceeding five hundred dollars per annum, and imposing such other duties as may be desired. And the General Assembly shall by committee inquire into the progress of his work at each session.

Sec. 6. In the case of any prisoner lawfully in the charge, custody or control of any officer, State, County or municipal, being seized and taken from said officer through his negligence, permission or connivance, by a mob or other unlawful assemblage of persons, and at their hands suffering bodily violence or death, the said officer shall be deemed guilty of a misdemeanor, and, upon true bill found, shall be deposed from his office pending his trial, and upon conviction shall forfeit his office, and shall, unless pardoned by the Governor, be ineligible to hold any office of trust or profit within this State. It shall be the duty of the prosecuting Attorney within whose Circuit or County the offence may be committed to forthwith institute a prosecution against said officer, who shall be tried in such County, in the same Circuit, other than the one in which the offence was committed, as the Attorney General may elect. The fees and mileage of all material witnesses, both for the State and for the defence, shall be paid by the State Treasurer, in such manner as may be provided by law: Provided, In all cases of lynching when death ensues, the County where such lynching takes place shall, without regard to the conduct of the officers, be liable in exemplary damages of not less than two thousand dollars to the legal representatives of the person lynched: Provided, further, That any County against which a judgment has been obtained for damages in any case of lynching shall have the right to recover the amount of said judgment from the parties engaged in said lynching in any Court of competent jurisdiction.

Article VII: COUNTIES AND COUNTY GOVERNMENT

Section 1. The General Assembly may establish new Counties in the following manner: Whenever one-third of the qualified electors within the area of each section of an old County proposed to be cut off to form a new County shall petition the Governor for the creation of a new County, setting forth the boundaries and showing compliance with the requirements of this Article, the Governor shall order an election, within a reasonable time thereafter, by the qualified Edition: current; Page: [3328] electors within the proposed area, in which election they shall vote “Yes” or “No” upon the question of creating said new County; and at the same election the question of a name and a County seat for such County shall be submitted to the electors.

Sec. 2. If two-thirds of the qualified electors voting at such election shall vote “Yes” upon such questions, then the General Assembly at the next session shall establish such new County: Provided, No section of the County proposed to be dismembered shall be thus cut off without consent by a two-thirds vote of those voting in such section; and no County shall be formed without complying with all the conditions imposed in this Article. An election upon the question of forming the same proposed new County shall not be held oftener than once in four years.

Sec. 3. No new County hereafter formed shall contain less than one one hundred and twenty-fourth part of the whole number of inhabitants of the State, nor shall it have less assessed taxable property than one and one half millions of dollars as shown by the last tax returns, nor shall it contain less area than four hundred square miles.

Sec. 4. No old County shall be reduced to less area than five hundred square miles, to less assessed taxable property than two million dollars, nor to a smaller population than fifteen thousand inhabitants.

Sec. 5. In the formation of new Counties no old County shall be cut within eight miles of its court house building.

Sec. 6. All new Counties hereafter formed shall bear a just apportionment of the valid indebtedness of the old County or Counties from which they have been formed.

Sec. 7. The General Assembly shall have the power to alter County lines at any time: Provided, That before any existing County line is altered the question shall be first submitted to the qualified electors of the territory proposed to be taken from one County and given to another, and shall have received two-thirds of the votes cast: Provided, further, That the change shall not reduce the County from which the territory is taken below the limits prescribed in Sections 3, 4, and 5 of this Article: Provided, That the proper proportion of the existing County indebtedness of the section so transferred shall be assumed by the County to which the territory is transferred.

Sec. 8. No County seat shall be removed except by a vote of two-thirds of the qualified electors of said County voting in an election held for that purpose, but such election shall not be held in any County oftener than once in five years.

Sec. 9. Each County shall constitute one election district, and shall be a body politic and corporate.

Sec. 10. The General Assembly may provide for the consolidation of two or more existing Counties if a majority of the qualified electors of such Counties voting at an election held for that purpose shall vote separately therefor, but such election shall not be held oftener than once in four years in the same Counties.

Sec. 11. Each of the several townships of this State, with names and boundaries as now established by law, shall constitute a body politic and corporate, but this shall not prevent the General Assembly from organizing other townships or changing the boundaries of those already established; and the General Assembly may provide such system of township government as it shall think proper in any and all Edition: current; Page: [3329] the Counties, and may make special provision for municipal government and for the protection of chartered rights and powers of municipalities.

Sec. 12. Until changed by the General Assembly, as allowed by this Constitution, the boundaries of the several Counties shall remain as now established, except that the boundaries of the County of Edgefield shall undergo such changes as are made necessary by the formation of a new County from a portion of Edgefield, to be known as Saluda, the boundaries of which are set forth in a Constitutional ordinance. The election ordered in said ordinance for the location of its County seat shall be held under the Constitution and laws now of force. And the General Assembly shall provide for the assessment of property in the County of Saluda for the fiscal year beginning January first, eighteen hundred and ninety-six, and for the collection of said taxes when assessed.

Sec. 13. The General Assembly may at any time arrange the various Counties into Judicial Circuits, and into Congressional Districts, including the County of Saluda, as it may deem wise and proper, and may establish or alter the location of voting precincts in any County.

Sec. 14. Hereafter no County lines shall be so established as to pass through any incorporated city or town of this State.

Article VIII: MUNICIPAL CORPORATIONS AND POLICE REGULATIONS

Section 1. The General Assembly shall provide by general laws for the organization and classification of municipal corporations. The powers of each class shall be defined so that no such corporations shall have any powers or be subject to any restrictions other than all corporations of the same class. Cities and towns now existing under special charters may reorganize under the general laws of the State, and when so reorganized their special charters shall cease and determine.

Sec. 2. No city or town shall be organized without the consent of the majority of the electors residing and entitled by law to vote within the district proposed to be incorporated; such consent to be ascertained in the manner and under such regulations as may be prescribed by law.

Sec. 3. The General Assembly shall restrict the powers of cities and towns to levy taxes and assessments, to borrow money and to contract debts, and no tax or assessment shall be levied or debt contracted except in pursuance of law, for public purposes specified by law.

Sec. 4. No law shall be passed by the General Assembly granting the right to construct and operate a street or other railway, telegraph, telephone or electric plant, or to erect water or gas works for public uses or to lay mains for any purpose, without first obtaining the consent of the local authorities in control of the streets or public places proposed to be occupied for any such or like purposes.

Sec. 5. Cities and towns may acquire, by construction or purchase, and may operate, water works systems and plants for furnishing lights, and may furnish water and lights to individuals, firms and private corporations for reasonable compensation: Provided, That no Edition: current; Page: [3330] such construction or purchase shall be made except upon a majority vote of the electors in said cities or towns who are qualified to vote on the bonded indebtedness of said cities or towns.

Sec. 6. The corporate authorities of cities and towns in this State shall be vested with power to assess and collect taxes for corporate purposes, said taxes to be uniform in respect to persons and property within the jurisdiction of the body composing the same; and all the property, except such as is exempt by law, within the limits of cities and towns shall be taxed for the payment of debts contracted under authority of law. License or privileged taxes imposed shall be graduated so as to secure a just imposition of such tax upon the classes subject thereto.

Sec. 7. No city or town in this State shall hereafter incur any bonded debt which, including existing bonded indebtedness, shall exceed eight per centum of the assessed value of the taxable property therein, and no such debt shall be created without submitting the question as to the creation thereof to the qualified electors of such city or town, as provided in this Constitution for such special elections; and unless a majority of such electors voting on the question shall be in favor of creating such further bonded debt, none shall be created: Provided, That this Section shall not be construed to prevent the issuing of certificates of indebtedness in anticipation of the collection of taxes for amounts actually contained or to be contained in the taxes for the year when such certificates are issued and payable out of such taxes: And provided, further, That such cities and towns shall on the issuing of such bonds create a sinking fund for the redemption thereof at maturity. Nothing herein contained shall prevent the issuing of bonds to an amount sufficient to refund bonded indebtedness existing at the time of the adoption of this Constitution.

Sec. 8. Cities and towns may exempt from taxation, by general or special ordinance, except for school purposes, manufactories established within their limits for five successive years from the time of the establishment of such manufactories: Provided, That such ordinance shall be first ratified by a majority of such qualified electors of such city or town as shall vote at an election held for that purpose.

Sec. 9. No armed police force or representatives of a detective agency shall ever be brought into this State for the suppression of domestic violence; nor shall any other armed or unarmed body of men be brought in for that purpose, except upon the application of the General Assembly or of the Executive of this State (when the General Assembly is not in session), as provided in the Constitution of the United States. The General Assembly shall provide proper penalties for the enforcement of the provisions of this Section.

Sec. 10. It shall be the duty of the General Assembly to create Boards of Health wherever they may be necessary, giving to them power and authority to make such regulations as shall protect the health of the community and abate nuisances.

Sec. 11. In the exercise of the police power the General Assembly shall have the right to prohibit the manufacture and sale and retail of alcoholic liquors or beverages within the State. The General Assembly may license persons or corporations to manufacture and sell and retail alcoholic liquors or beverages within the State under such rules and restrictions as it deems proper; or the General Assembly Edition: current; Page: [3331] may prohibit the manufacture and sale and retail of alcoholic liquors and beverages within the State, and may authorize and empower State, County and municipal officers, all or either, under the authority and in the name of the State, to buy in any market and retail within the State liquors and beverages in such packages and quantities, under such rules and regulations, as it deems expedient: Provided, That no license shall be granted to sell alcoholic beverages in less quantities than one-half pint, or to sell them between sundown and sunrise, or to sell them to be drunk on the premises: And provided, further, That the General Assembly shall not delegate to any municipal corporation the power to issue licenses to sell the same.

Sec. 12. All prize-fighting is prohibited in this State, and the General Assembly shall provide by proper laws for the prevention and punishment of the same.

Article IX: CORPORATIONS

Section 1. The term corporation as used in this Article includes all associations and joint stock companies having powers and privileges not possessed by individuals or partnerships, and excludes municipal corporations.

Sec. 2. No charter of incorporation shall be granted, changed or amended by special law, except in the case of such charitable, educational, penal or reformatory corporations as may be under the control of the State, or may be provided for in this Constitution, but the General Assembly shall provide by general laws for changing or amending existing charters, and for the organization of all corporations hereafter to be created, and any such law so passed, as well as all charters now existing or hereafter created, shall be subject to future repeal or alteration: Provided, That the General Assembly may by a two-thirds vote of each house on a concurrent resolution allow a Bill for a special charter to be introduced, and when so introduced may pass the same as other Bills.

Sec. 3. All railroad, express, canal and other corporations engaged in transportation for hire and all telegraph and other corporations engaged in the business of transmitting intelligence for hire are common carriers in their respective lines of business, and are subject to liability and taxation as such. It shall be unlawful for any such corporation to make any contract relieving it of its common law liability or limiting the same, in reference to the carriage of passengers.

Sec. 4. Every corporation organized or doing business in this State, other than religious, educational or benevolent associations, shall have and maintain at least one agent in this State upon whom process may be served, and at least one public office for the transaction of its business: Provided, This Section shall not apply to mercantile corporations: Provided, That nothing contained in this Section shall be construed to prohibit the General Assembly from providing for the service of process on any agent of a corporation so as to bind such corporation.

Sec. 5. No discrimination in charges or facilities for transportation of the same classes of freight or passengers, or for the transmission Edition: current; Page: [3332] of intelligence within this State, or coming from or going to any other State, shall be made by any railroad or other transportation or transmission company between places or persons.

Persons and property transported by any railroad or any other transportation or transmission company or corporation, shall be delivered at any station, landing or port at charges not exceeding the charges for the transportation of persons and property of the same class, in the same direction, to any more distant station, landing or port. Excursion and commutation tickets may be issued at special rates. This Section shall not prevent the Railroad Commission from making such competitive rates as shall, in their judgment, be just and equitable between the railroads and the public, at all junctional and competitive points or at points where water competition controls the traffic or at points where the competition of points located in other States may make necessary the prescribing of different rates for the protection of the commerce of this State.

Sec. 6. Any railroad or other transportation corporation, and any telegraph or other transmitting corporation, organized under the laws of this State, shall have the right to connect its roads or lines, at the State line, with those in other States, and shall have the right to intersect with or cross any other railroad, street railway, transportation road or transmitting line, and shall each receive and transport the freight, passengers, cars (loaded or empty) and messages delivered to it by another without delay or discrimination.

Sec. 7. No railroad, or other transportation company, and no telegraph or other transmitting corporation, or the lessees, purchasers or managers of any such corporation, shall consolidate the stock, property or franchises of such corporation with, or lease or purchase the works or franchises of, or in any way control, any other railroad or other transportation, telegraph or other transmitting company owning or having under its control a parallel or competing line; and the question whether railroads or other transportation, telegraph or other transmitting companies are parallel or competing lines shall, when demanded by the party complainant, be decided by a jury as in other civil causes.

Sec. 8. The General Assembly shall not grant to any foreign corporation or association a license to build, operate or lease any railroad in this State; but in all cases where a railroad is to be built or operated, or is now being operated, in this State, and the same shall be partly in this State and partly in another State, or in other States, the owners or projectors thereof shall first become incorporated under the laws of this State; nor shall any foreign corporation or association lease or operate any railroad in this State, or purchase the same or any interest therein. Consolidation of any railroad lines and corporations in this State with others shall be allowed only where the consolidated company shall become a domestic corporation of this State. No general or special law shall ever be passed for the benefit of any foreign corporation operating a railroad under an existing license of this State or under any existing lease, and no grant of any right or privilege and no exemption from any burden shall be made to any such foreign corporation, except upon the condition that the owners or stockholders thereof shall first organize a corporation in this State under the laws thereof, and shall thereafter operate and Edition: current; Page: [3333] manage the same and the business thereof under said domestic charter.

Sec. 9. The General Assembly shall have no power to grant any special charter for banking purposes, but corporations or associations may be formed for such purposes under general laws, with such privileges, powers and limitations, not inconsistent with this Constitution, as it may deem proper. The General Assembly shall provide by law for the thorough examination and inspection of all banking and fiscal corporations of this State.

Sec. 10. Stock or bonds shall not be issued by any corporation save for labor done, or money or property actually received or subscribed; and all fictitious increase of stock or indebtedness shall be void.

Sec. 11. The General Assembly shall provide by law for the election of directors, trustees or managers of all corporations so that each stockholder shall be allowed to cast, in person or by proxy, as many votes as the number of shares he owns multiplied by the number of directors, trustees or managers to be elected, the same to be cast for any one candidate or to be distributed among two or more candidates.

Sec. 12. Corporations shall not engage in any business except that specifically authorized by their charters or necessarily incident thereto.

Sec. 13. The General Assembly shall enact laws to prevent all trusts, combinations, contracts and agreements against the public welfare; and to prevent abuses, unjust discriminations and extortion in all charges of transporting and transmitting companies; and shall pass laws for the supervision and regulation of such companies by commission or otherwise, and shall provide adequate penalties, to the extent, if necessary for that purpose, of forfeiture of their franchises.

Sec. 14. A Commission is hereby established to be known as “the Railroad Commission,” which shall be composed of not less than three members, whose powers over all transporting and transmitting corporations, and duties, manner of election and term of office shall be regulated by law; and until otherwise provided by law the said Commissioners shall have the same powers and jurisdiction, perform the same duties and receive the same compensation as now conferred, prescribed and allowed by law to the existing Railroad Commissioners: Provided, That the members thereof shall be elected at the expiration of the terms of the present Railroad Commissioners, who are hereby continued in office for the terms for which they were elected.

Sec. 15. Every employee of any railroad corporation shall have the same rights and remedies for any injury suffered by him from the acts or omissions of said corporation or its employees as are allowed by law to other persons not employees, when the injury results from the negligence of a superior agent or officer, or of a person having a right to control or direct the services of a party injured, and also when the injury results from the negligence of a fellow servant engaged in another department of labor from that of the party injured, or of a fellow servant on another train of cars, or one engaged about a different piece of work. Knowledge by any employee injured of the defective or unsafe character or condition of any machinery, ways or appliances shall be no defence to an action for injury caused thereby, except as to conductors or engineers in charge of dangerous or unsafe cars or engines voluntarily operated Edition: current; Page: [3334] by them. When death ensues from any injury to employees, the legal or personal representatives of the person injured shall have the same right and remedies as are allowed by law to such representatives of other persons. Any contract or agreement, expressed or implied, made by any employee to waive the benefit of this Section shall be null and void; and this Section shall not be construed to deprive any employee of a corporation, or his legal or personal representative, of any remedy or right that he now has by the law of the land. The General Assembly may extend the remedies herein provided for to any other class of employees.

Sec. 16. All existing charters or grants of corporate franchise under which organizations have not in good faith taken place at the adoption of this Constitution shall be subject to the provisions of this Article.

Sec. 17. The General Assembly shall never remit the forfeiture of the franchise of any corporation now chartered, nor alter nor amend the charter thereof, nor pass any general or special law for the benefit of such corporation, except upon the condition that such corporation shall thereafter hold its charter and franchise subject to the provisions of this Constitution, and the acceptance by any corporation of any provision of any such laws or the taking of any benefit or advantage from the same shall be conclusively held an agreement by such corporation to hold its charter and franchises under the provisions of this Article.

Sec. 18. The stockholders of all insolvent corporations shall be individually liable to the creditors thereof only to the extent of the amount remaining due to the corporations upon the stock owned by them: Provided, That stockholders in banks or banking institutions shall be liable to depositors therein in a sum equal in amount to their stock over and above the face value of the same.

Sec. 19. Nothing prohibited in this Article shall be permitted to be done by any corporation or company, persons or person, either for its or their own benefit or otherwise, by its or their holding or controlling in its or their own name or otherwise, or in the name of an other person or persons, or other corporation or company whatsoever, a majority of the capital stock, or of bonds having voting power, of any railroad or transportation company, or corporation created by or existing under the laws of this State, or doing business within this State.

Sec. 20. No right of way shall be appropriated to the use of any corporation until full compensation therefor shall be first made to the owner or secured by a deposit of money, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury of twelve men, in a Court of record, as shall be prescribed by law.

Sec. 21. The General Assembly shall enforce the provisions of this Article by appropriate legislation.

Article X: FINANCE AND TAXATION

Section 1. The General Assembly shall provide by law for a uniform and equal rate of assessment and taxation, and shall prescribe Edition: current; Page: [3335] regulations to secure a just valuation for taxation of all property, real, personal and possessory, except mines and mining claims, the products of which alone shall be taxed; and also excepting such property as may be exempted by law for municipal, educational, literary, scientific, religious or charitable purposes: Provided, however, That the General Assembly may impose a capitation tax upon such domestic animals as from their nature and habits are destructive of other property: And provided, further, That the General Assembly may provide for a graduated tax on incomes, and for a graduated license on occupations and business.

Sec. 2. The General Assembly shall provide for an annual tax sufficient to defray the estimated expenses of the State for each year, and whenever it shall happen that the ordinary expenses of the sufficient to defray the estimated expenses of the State for each year, the General Assembly shall provide for levying a tax for the ensuing year sufficient, with other sources of income, to pay the deficiency of the preceding year together with the estimated expenses of the ensuing year.

Sec. 3. No tax shall be levied except in pursuance of a law which shall distinctly state the object of the same; to which object the tax shall be applied.

Sec. 4. There shall be exempted from taxation all County, township and municipal property used exclusively for public purposes and not for revenue, and the property of all schools, colleges and institutions of learning, all charitable institutions in the nature of asylums for the infirm, deaf and dumb, blind, idiotic and indigent persons, except where the profits of such institutions are applied to private uses; all public libraries, churches, parsonages and burying grounds; but property of associations and societies, although connected with charitable objects, shall not be exempt from State, County or municipal taxation: Provided, That as to real estate this exemption shall not extend beyond the buildings and premises actually occupied by such schools, colleges, institutions of learning, asylums, libraries, churches, parsonages and burial grounds, although connected with charitable objects.

Sec. 5. The corporate authorities of Counties, townships, school districts, cities, towns and villages may be vested with power to assess and collect taxes for corporate purposes; such taxes to be uniform in respect to persons and property within the jurisdiction of the body imposing the same. All shares of the stockholders in any bank or banking association located in this State, whether now or hereafter incorporated, or organized under the laws of this State or of the United States, shall be listed at their true value in money, and taxed for municipal purposes in the city, ward, town or incorporated village where such bank is located, and not elsewhere: Provided, That the words “true value in money” as used in line 12 [line 12 of original MS. and line 9 of this printing.—Editor] of this Section shall be so construed as to mean and include all surplus or extra moneys, capital, and every species of personal property of value owned or in possession of any such bank: Provided, A like rule of taxation shall apply to the stockholders of all corporations other than banking institutions. And the General Assembly shall require that all the property, except that herein permitted to be exempted Edition: current; Page: [3336] within the limits of municipal corporations, shall be taxed for corporate purposes and for the payment of debts contracted under authority of law. The bonded debt of any County, township, school district, municipal corporation or political division or subdivision of this State shall never exceed eight per centum of the assessed value of all the taxable property therein. And no County, township, municipal corporation or other political division of this State shall hereafter be authorized to increase its bonded indebtedness if at the time of any proposed increase thereof the aggregate amount of its already existing bonded debt amounts to eight per centum of the value of all taxable property therein as ascertained by the valuation for State taxation.

And wherever there shall be several political divisions or municipal corporations covering or extending over the same territory, or portions thereof, possessing a power to levy a tax or contract a debt, then each of such political divisions or municipal corporations shall so exercise its power to increase its debt under the foregoing eight per cent. limitation that the aggregate debt over and upon any territory of this State shall never exceed fifteen per centum of the value of all taxable property in such territory as valued for taxation by the State: Provided, That nothing herein shall prevent the issue of bonds for the purpose of paying or refunding any valid municipal debt heretofore contracted in excess of eight per centum of the assessed value of all the taxable property therein.

Sec. 6. The credit of the State shall not be pledged or loaned for the benefit of any individual, company, association or corporation; and the State shall not become a joint owner of or stockholder in any company, association or corporation. The General Assembly shall not have power to authorize any County or township to levy a tax or issue bonds for any purpose except for educational purposes, to build and repair public roads, buildings and bridges, to maintain and support prisoners, pay jurors, County officers, and for litigation, quarantine and Court expenses, and for ordinary County purposes, to support paupers, and pay past indebtedness.

Sec. 7. No scrip, certificate or other evidence of State indebtedness shall be issued except for the redemption of stock, bonds or other evidences of indebtedness previously issued, or for such debts as are expressly authorized in this Constitution.

Sec. 8. An accurate statement of the receipts and expenditures of the public money shall be published with the laws of each regular session of the General Assembly, in such manner as may by law be directed.

Sec. 9. Money shall be drawn from the Treasury only in pursuance of appropriations made by law.

Sec. 10. The fiscal year shall commence on the first day of January in each year.

Sec. 11. To the end that the public debt of South Carolina may not hereafter be increased without the due consideration and free consent of the people of the State, the General Assembly is hereby forbidden to create any further debt or obligation, either by the loan of the credit of the State, by guaranty, endorsement or otherwise, except for the ordinary and current business of the State, without first submitting the question as to the creation of such new debt, guaranty, endorsement or loan of its credit to the qualified electors of Edition: current; Page: [3337] this State at a general State election; and unless two-thirds of the qualified electors of this State, voting on the question, shall be in favor of increasing the debt, guaranty, endorsement or loan of its credit, none shall be created or made. And any debt contracted by the State shall be by loan on State bonds, of amounts not less than fifty dollars each, bearing interest, payable not more than forty years after final passage of the law authorizing such debt. A correct registry of all such bonds shall be kept by the Treasurer in numerical order, so as to always exhibit the number and amount unpaid, and to whom severally made payable. And the General Assembly shall levy an annual tax sufficient to pay the annual interest on said bonds.

Sec. 12. Suitable laws shall be passed by the General Assembly for the safe-keeping, transfer and disbursement of the State, County and school funds; and all officers and other persons charged with the same shall keep an accurate entry of each sum received, and of each payment and transfer, and shall give such security for the faithful discharge of such duties as the General Assembly may provide. And it shall be the duty of the General Assembly to pass laws making embezzlement of such funds a felony, punishable by fine and imprisonment, proportioned to the amount of the deficiency or embezzlement, and the party convicted of such felony shall be disqualified from ever holding any office of honor or emolument in this State: Provided, however, That the General Assembly, by a two-thirds vote, may remove the disability upon payment in full of the principal and interest of the sum embezzled.

Sec. 13. The General Assembly shall provide for the assessment of all property for taxation; and State, County, township, school, municipal and all other taxes shall be levied on the same assessment, which shall be that made for State taxes; and the taxes for the subdivisions of the State shall be levied and collected by the respective fiscal authorities thereof.

Article XI: EDUCATION

Section 1. The supervision of public instruction shall be vested in a State Superintendent of Education, who shall be elected for the term of two years by the qualified electors of the State, in such manner and at such time as the other State officers are elected; his powers, duties and compensation shall be defined by the General Assembly.

Sec. 2. There shall be a State Board of Education, composed of the Governor, the State Superintendent of Education, and not exceeding seven persons to be appointed by the Governor every four years, of which Board the Governor shall be Chairman, and the State Superintendent of Education, Secretary. This Board shall have the regulation of examination of teachers applying for certificates of qualification, and shall award all scholarships, and have such other powers and duties as may be determined by law. The traveling expenses of the persons to be appointed shall be provided for by the General Assembly.

Sec. 3. The General Assembly shall make provision for the election or appointment of all other necessary school officers, and shall Edition: current; Page: [3338] define their qualifications, powers, duties, compensation and terms of office.

Sec. 4. The salaries of the State and County school officers and compensation of County Treasurers for collecting and disbursing school moneys shall not be paid out of the school funds, but shall be otherwise provided for by the General Assembly.

Sec. 5. The General Assembly shall provide for a liberal system of free public schools for all children between the ages of six and twenty-one years, and for the division of the Counties into suitable school districts, as compact in form as practicable, having regard to natural boundaries, and not to exceed forty-nine nor be less than nine square miles in area: Provided, That in cities of ten thousand inhabitants and over, this limitation of area shall not apply: Provided, further, That when any school district laid out under this Section shall embrace cities or towns already organized into special school districts in which graded school buildings have been erected by the issue of bonds, or by special taxation, or by donation, all the territory included in said school district shall bear its just proportion of any tax that may be levied to liquidate such bonds or support the public schools therein: Provided, further, That nothing in this Article contained shall be construed as a repeal of the laws under which the several graded school districts of this State are organized. The present division of the Counties into school districts and the provisions of law now governing the same shall remain until changed by the General Assembly.

Sec. 6. The existing County Boards of Commissioners of the several Counties, or such officer or officers as may hereafter be vested with the same or similar powers and duties, shall levy an annual tax of three mills on the dollar upon all the taxable property in their respective Counties, which tax shall be collected at the same time and by the same officers as the other taxes for the same year, and shall be held in the County treasury of the respective Counties; and the said fund shall be apportioned among the school districts of the County in proportion to the number of pupils enrolled in the public schools of the respective districts, and the officer or officers charged by law with making said apportionment shall notify the Trustees of the respective school districts thereof, who shall expend and disburse the same as the General Assembly may prescribe. The General Assembly shall define “enrollment.” Not less than three Trustees for each school district shall be selected from the qualified voters and taxpayers therein, in such manner and for such terms as the General Assembly may determine, except in cases of special school districts now existing, where the provisions of law now governing the same shall remain until changed by the General Assembly: Provided, The manner of the selection of said Trustees need not be uniform throughout the State. There shall be assessed on all taxable polls in the State between the ages of twenty-one and sixty years (excepting Confederate soldiers above the age of fifty years), an annual tax of one dollar on each poll, the proceeds of which tax shall be expended for school purposes in the several school districts in which it is collected. Whenever during the three next ensuing fiscal years the tax levied by the said County Boards of Commissioners or similar officers and the poll tax shall not yield an amount equal to three dollars per capita of the number of children enrolled in the public schools of each Edition: current; Page: [3339] County for the scholastic year ending the thirty-first day of October in the year eighteen hundred and ninety-five, as it appears in the report of the State Superintendent of Education for said scholastic year, the Comptroller-General shall, for the aforesaid three next ensuing fiscal years, on the first day of each of said years, levy such an annual tax on the taxable property of the State as he may determine to be necessary to make up such deficiency, to be collected as other State taxes, and apportion the same among the Counties of the State in proportion to the respective deficiencies therein. The sum so apportioned shall be paid by the State Treasurer to the County Treasurers of the respective Counties, in proportion to the respective deficiencies therein, on the warrant of the Comptroller-General, and shall be apportioned among the school districts of the Counties, and disbursed as other school funds; and from and after the thirty-first day of December, in the year eighteen hundred and ninety-eight, the General Assembly shall cause to be levied annually on all the taxable property of the State such a tax, in addition to the said tax levied by the said County Boards of Commissioners or similar officers, and poll tax above provided, as may be necessary to keep the schools open throughout the State for such length of time in each scholastic year as the General Assembly may prescribe; and said tax shall be apportioned among the Counties in proportion to the deficiencies therein and disbursed as other school funds. Any school district may by the authority of the General Assembly levy an additional tax for the support of its schools.

Sec. 7. Separate schools shall be provided for children of the white and colored races, and no child of either race shall ever be permitted to attend a school provided for children of the other race.

Sec. 8. The General Assembly may provide for the maintenance of Clemson Agricultural College, the University of South Carolina, and the Winthrop Normal and Industrial College, a branch thereof, as now established by law, and may create scholarships therein; the proceeds realized from the land scrip given by the Act of Congress passed the second day of July, in the year eighteen hundred and sixty-two, for the support of an agricultural college, and any lands or funds which have heretofore been or may hereafter be given or appropriated for educational purposes by the Congress of the United States, shall be applied as directed in the Acts appropriating the same: Provided, That the General Assembly shall, as soon as practicable, wholly separate Claflin College from Claflin University, and provide for a separate corps of professors and instructors therein, representation to be given to men and women of the negro race; and it shall be the Colored Normal, Industrial, Agricultural and Mechanical College of this State.

Sec. 9. The property or credit of the State of South Carolina, or of any County, city, town, township, school district, or other subdivision of the said State, or any public money, from whatever source derived, shall not, by gift, donation, loan, contract, appropriation, or otherwise, be used, directly or indirectly, in aid or maintenance of any college, school, hospital, orphan house, or other institution, society or organization, of whatever kind, which is wholly or in part under the direction or control of any church or of any religious or sectarian denomination, society or organization.

Edition: current; Page: [3340]

Sec. 10. All gifts of every kind for educational purposes, if accepted by the General Assembly, shall be applied and used for the purposes designated by the giver, unless the same be in conflict with the provisions of this Constitution.

Sec. 11. All gifts to the State where the purpose is not designated, all escheated property, the net assets or funds of all estates or copartnerships in the hands of the Courts of the State where there have been no claimants for the same within the last seventy years, and other money coming into the Treasury of the State by reason of the twelfth Section of an Act entitled “An Act to provide a mode of distribution of the moneys as direct tax from the citizens of this State by the United States in trust to the State of South Carolina,” approved the twenty-fourth day of December, in the year eighteen hundred and ninety-one, together with such other means as the General Assembly may provide, shall be securely invested as the State School Fund, and the annual income thereof shall be apportioned by the General Assembly for the purpose of maintaining the public schools.

Sec. 12. All the net income to be derived by the State from the sale or license for the sale of spirituous, malt, vinous and intoxicating liquors and beverages, not including so much thereof as is now or may hereafter be allowed by law to go to the Counties and municipal corporations of the State, shall be applied annually in aid of the supplementary taxes provided for in the sixth Section of this Article; and if after said application there should be a surplus, it shall be devoted to public school purposes, and apportioned as the General Assembly may determine: Provided, however, That the said supplementary taxes shall only be levied when the net income aforesaid from the sale or license for the sale of alcoholic liquors or beverages are not sufficient to meet and equalize the deficiencies for which the said supplementary taxes are provided.

Article XII: CHARITABLE AND PENAL INSTITUTIONS

Section 1. Institutions for the care of the insane, blind, deaf and dumb and the poor shall always be fostered and supported by this State, and shall be subject to such regulations as the General Assembly may enact.

Sec. 2. The Regents of the State Hospital for the Insane and the Superintendent thereof, who shall be a physician, shall be appointed by the Governor, by and with the advice and consent of the Senate. All other physicians, officers and employees of the Hospital shall be appointed by the Regents, unless otherwise ordered by the General Assembly.

Sec. 3. The respective Counties of this State shall make such provision as may be determined by law for all those inhabitants who by reason of age, infirmities and misfortune may have a claim upon the sympathy and aid of society.

Sec. 4. The Directors of the benevolent and penal State institutions which may be hereafter created shall be appointed or elected as the General Assembly may direct.

Sec. 5. The Directors and Superintendent of the Penitentiary shall be appointed or elected as the General Assembly may direct.

Edition: current; Page: [3341]

Sec. 6. All convicts sentenced to hard labor by any of the Courts in this State may be employed upon the public works of the State or of the Counties and upon the public highways.

Sec. 7. Provision may be made by the General Assembly for the establishment and maintenance by the State of a Reformatory for juvenile offenders separate and apart from hardened criminals.

Sec. 8. The Governor shall have power to fill all vacancies that may occur in the offices aforesaid, except where otherwise provided for, with the power of removal until the next session of the General Assembly and until a successor or successors shall be appointed and confirmed.

Sec. 9. The Penitentiary and the convicts thereto sentenced shall forever be under the supervision and control of officers employed by the State; and in case any convicts are hired or farmed out, as may be provided by law, their maintenance, support, medical attendance and discipline shall be under the direction of officers detailed for those duties by the authorities of the Penitentiary.

Article XIII: MILITIA

Section 1. The militia of this State shall consist of all able-bodied male citizens of the State between the ages of eighteen and forty-five years, except such persons as are now or may be exempted by the laws of the United States or this State, or who from religious scruples may be averse to bearing arms, and shall be organized, officered, armed, equipped and disciplined as the General Assembly may by law direct.

Sec. 2. The volunteer and militia forces shall (except for treason, felony and breach of the peace) be exempt from arrest by warrant or other process while in active service or attending muster or the election of officers, or while going to or returning from either of the same.

Sec. 3. The Governor shall have the power to call out the volunteer and militia forces, either or both, to execute the laws, repel invasions, suppress insurrections and preserve the public peace.

Sec. 4. There shall be an Adjutant and Inspector General elected by the qualified electors of the State at the same time and in the same manner as other State officers, who shall rank as Brigadier General, and whose duties and compensation shall be prescribed by law. The Governor shall, by and with the advice and consent of the Senate, appoint such other staff officers as the General Assembly may direct.

Sec. 5. The General Assembly is hereby empowered and required, at its first session after the adoption of this Constitution, to provide such proper and liberal legislation as will guarantee and secure an annual pension to every indigent or disabled Confederate soldier and sailor of this State and of the late Confederate States who are citizens of this State, and also to the indigent widows of Confederate soldiers and sailors.

Article XIV: EMINENT DOMAIN

Section 1. The State shall have concurrent jurisdiction on all rivers bordering on this State, so far as such rivers shall form a common boundary to this and any other State bounded by the same; and Edition: current; Page: [3342] they, together with all navigable waters within the limits of the State, shall be common highways and forever free, as well to the inhabitants of this State as to the citizens of the United States, without any tax or impost therefor, unless the same be expressly provided for by the General Assembly.

Sec. 2. The title to all lands and other property which have heretofore accrued to this State by grant, gift, purchase, forfeiture, escheats or otherwise shall vest in the State of South Carolina, the same as though no change had taken place.

Sec. 3. The people of the State are declared to possess the ultimate property in and to all lands within the jurisdiction of the State; and all lands the title to which shall fail from defect of heirs shall revert or escheat to the people.

Article XV: IMPEACHMENTS

Section 1. The House of Representatives shall have the sole power of impeachment. A vote of two-thirds of all the members elected shall be required for an impeachment. Any officer impeached shall thereby be suspended from office until judgment in the case shall have been pronounced; and the office shall be filled during the trial in such manner as may be provided by law.

Sec. 2. All impeachments shall be tried by the Senate, and when sitting for that purpose they shall be under oath or affirmation. No person shall be convicted except by a vote of two-thirds of all the members elected. When the Governor is impeached, the Chief Justice of the Supreme Court, or, if he be disqualified, the Senior Justice shall preside, with a casting vote in all preliminary questions.

Sec. 3. The Governor and all other executive and judicial officers shall be liable to impeachment; but judgment in such case shall not extend further than removal from office. The persons convicted shall, nevertheless, be liable to indictment, trial and punishment according to law.

Sec. 4. For any willful neglect of duty, or other reasonable cause, which shall not be sufficient ground of impeachment, the Governor shall remove any executive or judicial officer on the address of two-thirds of each house of the General Assembly: Provided, That the cause or causes for which said removal may be required shall be stated at length in such address, and entered on the Journals of each house: And provided, further, That the officer intended to be removed shall be notified of such cause or causes, and shall be admitted to a hearing in his own defence, or by his counsel, or by both, before any vote for such address; and in all cases the vote shall be taken by yeas and nays, and be entered on the Journal of each house respectively.

Article XVI: AMENDMENT AND REVISION OF THE CONSTITUTION

Section 1. Any amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives. If the same be agreed to by two-thirds of the members elected to each Edition: current; Page: [3343] house, such amendment or amendments shall be entered on the Journals respectively, with the yeas and nays taken thereon; and the same shall be submitted to the qualified electors of the State at the next general election thereafter for Representatives; and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote in favor of such amendment or amendments, and a majority of each branch of the next General Assembly shall, after such an election and before another, ratify the same amendment or amendments, by yeas and nays, the same shall become part of the Constitution: Provided, That such amendment or amendments shall have been read three times, on three several days, in each house.

Sec. 2. If two or more amendments shall be submitted at the same time, they shall be submitted in such manner that the electors shall vote for or against each of such amendments separately.

Sec. 3. Whenever two-thirds of the members elected to each branch of the General Assembly shall think it necessary to call a Convention to revise, amend or change this Constitution, they shall recommend to the electors to vote for or against a Convention at the next election for Representatives; and if a majority of all the electors voting at said election shall have voted for a Convention, the General Assembly shall, at its next session, provide by law for calling the same; and such Convention shall consist of a number of members equal to that of the most numerous branch of the General Assembly.

Article XVII: MISCELLANEOUS MATTERS

Section 1. No person shall be elected or appointed to any office in this State unless he possess the qualifications of an elector: Provided, The provisions of this Section shall not apply to the offices of State Librarian and Departmental Clerks, to either of which offices any woman, a resident of the State two years, who has attained the age of twenty-one years, shall be eligible.

Sec. 2. The General Assembly may direct, by law, in what manner claims against the State may be established and adjusted.

Sec. 3. Divorces from the bonds of matrimony shall not be allowed in this State.

Sec. 4. No person who denies the existence of a Supreme Being shall hold any office under this Constitution.

Sec. 5. The printing of the laws, journals, bills, legislative documents and papers for each branch of the General Assembly, with the printing required for the Executive and other departments of the State, shall be let, on contract, in such manner as shall be prescribed by law.

Sec. 6. The General Assembly shall provide for the removal of all causes which may be pending when this Constitution goes into effect to Courts created by the same.

Sec. 7. No lottery shall ever be allowed, or be advertised by newspapers, or otherwise, or its tickets be sold in this State; and the General Assembly shall provide by law at its next session for the enforcement of this provision.

Sec. 8. It shall be unlawful for any person holding an office of honor, trust or profit to engage in gambling or betting on games of Edition: current; Page: [3344] chance; and any such officer, upon conviction thereof, shall become thereby disqualified from the further exercise of the functions of his office, and the office of said person shall become vacant, as in the case of resignation or death.

Sec. 9. The real and personal property of a woman held at the time of her marriage, or that which she may thereafter acquire, either by gift, grant, inheritance, devise or otherwise, shall be her separate property, and she shall have all the rights incident to the same to which an unmarried woman or a man is entitled. She shall have the power to contract and be contracted with in the same manner as if she were unmarried.

Sec. 10. All laws now in force in this State and not repugnant to this Constitution shall remain and be enforced until altered or repealed by the General Assembly, or shall expire by their own limitations.

Sec. 11. That no inconvenience may arise from the change in the Constitution of this State, and in order to carry this Constitution into complete operation, it is hereby declared:

First. That all laws in force in this State, at the time of the adoption of this Constitution, not inconsistent therewith and constitutional when enacted, shall remain in full force until altered or repealed by the General Assembly or expire by their own limitation. All ordinances passed and ratified at this Convention shall have the same force and effect as if included in and constituting a part of this Constitution.

Second. All writs, actions, causes of action, proceedings, prosecutions, and rights of individuals, of bodies corporate and of the State, when not inconsistent with this Constitution, shall continue as valid.

Third. The provisions of all laws which are inconsistent with this Constitution shall cease upon its adoption, except that all laws which are inconsistent with such provisions of this Constitution as require legislation to enforce them shall remain in force until such legislation is had.

Fourth. All fines, penalties, forfeitures and escheats accruing to the State of South Carolina under the Constitution and laws heretofore in force shall accrue to the use of the State of South Carolina under this Constitution, except as herein otherwise provided.

Fifth. All recognizances, obligations and all other instruments entered into or executed before the adoption of this Constitution to the State, or to any County, township, city or town therein, and all fines, taxes, penalties and forfeitures due or owing to this State, or to any County, township, city or town therein, and all writs, prosecutions, actions and proceedings, except as herein otherwise provided, shall continue and remain unaffected by the adoption of this Constitution. All indictments which shall have been found, or may hereafter be found, for any crime or offence committed before the adoption of this Constitution may be prosecuted as if no change had been made, except as otherwise provided herein.

Sixth. All officers, State, executive, legislative, judicial, circuit, district, County, township and municipal, who may be in office at the adoption of this Constitution, or who may be elected before the election of their successors as herein provided, shall hold their respective offices until their terms have expired and until their successors are Edition: current; Page: [3345] elected or appointed and qualified as provided in this Constitution, unless sooner removed as may be provided by law; and shall receive the compensation now fixed by the Statute Laws in force at the adoption of this Constitution.

Seventh. At all elections held for members of the General Assembly in case of a vacancy, or for any other office, State, County or municipal, the qualifications of electors shall remain as they were under the Constitution of eighteen hundred and sixty-eight until the first day of November, in the year eighteen hundred and ninety-six.

Eighth. This Constitution, adopted by the people of South Carolina in Convention assembled, shall be in force and effect from and after the thirty-first day of December, in the year eighteen hundred and ninety-five.

Ninth. The provisions of the Constitution of eighteen hundred and sixty-eight and amendments thereto are repealed by this Constitution, except when reordained and declared herein.

Done in Convention in Columbia on the fourth day of December, in the year of our Lord one thousand eight hundred and ninety-five.

John Gary Evans,
President of the Convention.
Ira B. Jones,
Vice President of the Convention.
Attest:
S. W. Vance,
Secretary of the Convention.

ORDINANCES PASSED BY THE SOUTH CAROLINA CONSTITUTIONAL CONVENTION OF 1895

Jno. Gary Evans
Evans, Jno. Gary
The State of South Carolina:

At a Convention of the people of the State of South Carolina begun and holden at Columbia on the tenth day of September, in the year of our Lord one thousand eight hundred and ninety-five, and thence continued by divers adjournments to the fourth day of December, in the year of our Lord one thousand eight hundred and ninety-five.

An Ordinance to establish a new judicial and election county from a portion of the territory of Edgefield County, to be called Saluda, with boundaries as hereinafter described

We, the people of the State of South Carolina, by our delegates in Convention assembled, do ordain:

Section 1. That a new judicial and election County, which shall be known as Saluda County, shall be formed, and is hereby authorized to be formed, with the following boundaries, to wit:

Beginning at the centre of Big Saluda River at a point opposite the corner of Edgefield and Lexington Counties, thence the Edgefield and Lexington line to the corner of Lexington and Aiken Counties, thence the Edgefield and Aiken line to a point three miles north of where the public road crosses said line near Lybrand’s old mill, thence a straight line to ten-mile post on public highway leading from Edgefield to Columbia near the residence of J. W. L. Bartley, thence a straight line to the junction of the public road leading from Pleasant Edition: current; Page: [3346] Cross with the Long Cane road near Wm. Lott’s, thence by the Long Cane road to Matt. Mathis’ Cross Roads, thence a straight line to Owdom’s postoffice, thence a straight line to Little Red Hill school house near Dr. Landrum’s old place, thence a straight line to a point on the northwestern line of Pine Grove Township, one mile north of Double Bridges, thence along the northwestern boundary of Pine Grove Township, to the point on the old Charleston and Cambridge road where it crosses Halfway Swamp Creek, thence down the middle of Halfway Swamp Creek to a point in the middle of Saluda River opposite the mouth of said creek, thence down the middle of Big Saluda River to the initial point; and the territory embraced within the said lines shall be known as the County of Saluda.

Sec. 2. That J. H. Edwards, B. W. Crouch, Alvin Ethredge, P. C. Stevens, B. L. Caughman, James P. Bean, C. P. Boozer, J. R. Watson, and J. B. Suddath be, and are hereby, appointed Commissioners to have the boundaries of said new County Saluda as above indicated, surveyed and properly marked, as well as to designate and establish the County seat: Provided, That the County seat shall be located within three (3) miles of the geographical centre of the County, to be ascertained by drawing diagonal lines from the four corners of the County and taking the point of crossing as such centre, the particular site to be decided by vote of the people in said County at an election which shall be held in accordance with law by order of the Governor; and to provide suitable buildings for the several Court and County officers, and to select and purchase or procure sites for the usual public buildings, and contract for and superintend the erection of the court house and jail thereon, and said public buildings shall be built at the expense of the citizens of the said County of Saluda; and to meet the said demand a special tax, not exceeding two mills on the dollar of the assessed value of real and personal property in said County, be levied by the proper County officials hereinafter provided for, in accordance with the laws now in force regulating the assessment and collection of taxes.

Sec. 3. That an election shall be held in the County of Saluda on Tuesday following the first Monday in November, ad 1896, or on such other day as may be provided by law hereinafter, for members of the General Assembly and for the regular County officers provided for by the Constitution and laws of the State.

Sec. 4. That until the next apportionment of Representatives the said County of Saluda shall be entitled to two Representatives.

Sec. 5. That the voting precincts heretofore established by law in that portion of Edgefield County embraced in the limits of Saluda County shall be the precincts of Saluda County.

Sec. 6. That the County of Saluda be, and is hereby, attached to the Second Congressional District, and shall form part and parcel of the Fifth Judicial Circuit, and that the regular terms of the Courts of General Sessions and Common Pleas shall be held at such times as shall be fixed by law; and that the Trial Justices located in that portion of Edgefield County embraced in the limits of Saluda County shall be continued in office until their successors shall have been appointed and qualified: Provided, however, That from and after the time this ordinance goes into effect they shall be confined and limited in their official capacity, duty and power to said limits of Saluda County.

Edition: current; Page: [3347]

Sec. 7. That from and after the first day of December, ad 1896, all suits pending in the Courts of Edgefield of which the defendants reside in that portion of said County now established as the County of Saluda, and all indictments pending in the said County of Edgefield where the offence was committed in that part of said County now established as the County of Saluda, shall be transferred to the Calendars of the Courts of the said County of Saluda; and all records, commissions and other papers belonging to any of the said suits or indictments, together with all the legal incidents thereto appertaining, shall be transferred to the Clerk of the Court of the said County of Saluda.

Sec. 8. That the Governor be, and is hereby, authorized and empowered to appoint a Commission of five persons, two of whom shall be residents of the County of Edgefield, two residents of the new County of Saluda, and one resident of some other County of the State, which said Commission shall divide and apportion between the two Counties herein provided for the present lawful and bona fide indebtedness of the old County of Edgefield, having regard to the amount of unpaid taxes due to the said County of Edgefield.

Sec. 9. The General Assembly may pass any Act not inconsistent with this Ordinance to carry the same into effect.

Done in Columbia, the sixteenth day of October, in the year of our Lord, one thousand eight hundred and ninety-five.

Jno. Gary Evans,
President of Convention.
Attest:
S. W. Vance,
Secretary of Convention.
Jno. Gary Evans
Evans, Jno. Gary
The State of South Carolina:

At a Convention of the people of the State of South Carolina begun and holden at Columbia on the tenth day of September, in the year of our Lord one thousand eight hundred and ninety-five, and thence continued by divers adjournments to the fourth day of December, in the year of our Lord one thousand eight hundred and ninety-five.

An Ordinance to provide an alphabetical Index and marginal notes to the Constitution and Ordinances of the Convention of the year 1895

Whereas, it is desirable to facilitate and afford easy reference to the provisions of the Constitution of the year 1895; now,

Be it ordained by the people of the State of South Carolina, in Convention assembled, and by the authority of the same:

Section 1. That C. M. Efird is hereby authorized and appointed to prepare a complete alphabetical index, with marginal notes, of the Constitution and Ordinances adopted by this Convention, to form a part of this Constitution and Ordinances when printed, and that he receive as compensation therefor fifty dollars, the same to be paid him by the State Treasurer upon the warrant of the Comptroller-General.

Jno. Gary Evans, President.
Attest:
S. W. Vance,
Secretary of Convention.
Edition: current; Page: [3348]
Jno. Gary Evans
Evans, Jno. Gary
The State of South Carolina:

At a Convention of the people of the State of South Carolina, begun and holden at Columbia on the tenth day of September, in the year of our Lord one thousand eight hundred and ninety-five, and thence continued by divers adjournments to the fourth day of December, in the year of our Lord one thousand eight hundred and ninety-five.

An Ordinance to provide for the payment of interest on the public debt of the State of South Carolina to become due on the first day of January, ad 1896, and to require the General Assembly to make appropriations for that purpose

We, the people of South Carolina, by our delegates in Convention assembled, do ordain:

Section 1. That the Governor and State Treasurer be, and are hereby, authorized to make arrangements for the payment of the semi-annual interest due on the public debt of the State on the first day of January, ad 1896, and, if necessary, in anticipation of the collection of taxes, they are hereby authorized to borrow for that purpose a sum not exceeding one hundred and sixty thousand dollars.

Sec. 2. That the General Assembly, at its next session, is hereby required and directed to make an appropriation for the payment of the said loan.

Done in Convention, in Columbia, on the third day of December, ad 1895.

Jno. Gary Evans,
President of Convention.
Attest:
S. W. Vance,
Secretary of Convention.
Jno. Gary Evans
Evans, Jno. Gary
The State of South Carolina:

At a Convention of the people of the State of South Carolina begun and holden at Columbia on the tenth day of September, in the year of our Lord one thousand eight hundred and ninety-five, and thence continued by divers adjournments to the fourth day of December, in the year of our Lord one thousand eight hundred and ninety-five.

An Ordinance to authorize the General Assembly to provide for a sinking fund in the several counties of the State to enable the same to do business on a cash basis

Whereas in most if not in all, of the Counties of the State the taxes are never realized until a year after the levy, and consequently the contracts for ordinary County purposes and for the running of the schools have to be made on a credit instead of a cash basis; and whereas this is an evil that ought to be remedied. Therefore,

Be it ordained by the people of the State of South Carolina, in Convention assembled, and by the authority of the same:

Section 1. That the General Assembly may provide for an annual tax levy, not to exceed one-half of one mill, in each county not now on a cash basis. The proceeds of all such levies shall be used as a sinking fund for each and every County in which it is levied and collected, and shall be invested or paid out as the General Assembly Edition: current; Page: [3349] shall direct, until an amount sufficient shall have been collected to put such Counties on a cash basis, then such annual levies shall cease.

Done in convention, in Columbia, on the third day of December, ad 1895.

Jno. Gary Evans,
President of Convention.
Attest:
S. W. Vance,
Secretary of Convention.
Jno. Gary Evans
Evans, Jno. Gary
The State of South Carolina:

At a Convention of the people of the State of South Carolina begun and holden at Columbia on the tenth day of September, in the year of our Lord one thousand eight hundred and ninety-five, and thence continued by divers adjournments to the fourth day of December, in the year of our Lord one thousand eight hundred and ninety-five.

An Ordinance in regard to paying the State printer

Be it ordained by the people of the State of South Carolina, in Convention assembled:

That the Comptroller-General be authorized to audit the accounts of the State Printer for work done for the Convention before or after the adjournment sine die, and to draw his warrant upon the State Treasurer therefor upon production of the proper vouchers.

Done in Convention, in Columbia, on the third day of December, ad 1895.

Jno. Gary Evans,
President of Convention.
Attest:
S. W. Vance,
Secretary of Convention.
Jno. Gary Evans
Evans, Jno. Gary
The State of South Carolina:

At a Convention of the people of the State of South Carolina begun and holden at Columbia on the tenth day of September, in the year of our Lord one thousand eight hundred and ninety-five, and thence continued by divers adjournments to the fourth day of December, in the year of our Lord one thousand eight hundred and ninety-five.

An Ordinance to provide for the pay of the Commissioners and Managers of Election

Be it ordained by the people of the State of South Carolina:

That the General Assembly, at its next session, shall provide reasonable compensation for the Commissioners, Managers and other officers, who conducted the election for members of this Constitutional Convention.

Done in Convention, in Columbia, on the third day of December, ad 1895.

Jno. Gary Evans,
President of Convention.
Attest:
S. W. Vance,
Secretary of Convention.
Edition: current; Page: [3350]
Jno. Gary Evans
Evans, Jno. Gary
The State of South Carolina:

At a Convention of the people of the State of South Carolina begun and holden at Columbia on the tenth day of September, in the year of our Lord one thousand eight hundred and ninety-five, and thence continued by divers adjournments to the fourth day of December, in the year of our Lord one thousand eight hundred and ninety-five.

An Ordinance to provide that the General Assembly may enact laws necessary to validate and carry into effect the subscriptions to the capital stock of the Carolina, Knoxville and Western Railroad Company, heretofore voted for and authorized by the qualified electors of Greenville County.

We, the people of South Carolina, by our delegates in Convention assembled, do ordain:

Section 1. That nothing contained in the Constitution adopted by the people of South Carolina, now in Convention assembled, shall inhibit the General Assembly from enacting all laws necessary to validate and carry into effect the subscription to the capital stock of the Carolina, Knoxville and Western Railroad Company, heretofore voted for and authorized by the qualified electors of Greenville County: Provided, That said railroad company shall comply with all the conditions upon which the said bonds were originally voted: And provided, further, That the qualified electors of said County shall reaffirm the grant of authority to issue said bonds at an election called for the purpose, within such time as the General Assembly may prescribe.

Done in Convention, in Columbia, on the third day of December, ad 1895.

Jno. Gary Evans,
President of Convention.
Attest:
S. W. Vance,
Secretary of Convention.
Jno. Gary Evans
Evans, Jno. Gary
The State of South Carolina:

At a Convention of the people of the State of South Carolina begun and holden at Columbia on the tenth day of September, in the year of our Lord one thousand eight hundred and ninety-five, and thence continued by divers adjournments to the fourth day of December, in the year of our Lord one thousand eight hundred and ninety-five.

An Ordinance to provide for the payment of the per diem and mileage of delegates, officers and employees of the Convention and other necessary expenses, and to require the General Assembly to make additional appropriations to pay the same

We, the people of South Carolina, by our delegates in Convention assembled, do ordain:

Section 1. That the amount of $30,000, if so much be necessary, in addition to the $30,000 appropriated by the last General Assembly, be, and is hereby, appropriated to pay the per diem and mileage of the delegates, officers and employees of the Convention and other necessary expenses.

Sec. 2. That the Governor and State Treasurer be, and they are hereby, authorized to borrow sufficient money to meet this additional Edition: current; Page: [3351] appropriation, and the State Treasurer is hereby authorized to pay it out upon the warrants of the Comptroller-General, who is hereby required to issue his warrant or warrants for this additional appropriation, or so much thereof, as may be necessary to meet the purposes of this Ordinance.

Sec. 3. That the General Assembly is hereby required and directed, at its next session, to make an appropriation, sufficient to pay the amount of money the State Treasurer is herein authorized to borrow for the payment of the balance of the per diem, and mileage of the delegates, officers and employees of the Convention, and other necessary expenses, after the exhaustion of the $30,000 already appropriated by the General Assembly.

Done in Convention, in Columbia, on the third day of December, ad 1895.

Jno. Gary Evans,
President of Convention.
Attest:
S. W. Vance,
Secretary of Convention.
Jno. Gary Evans
Evans, Jno. Gary
The State of South Carolina:

At a Convention of the people of the State of South Carolina begun and holden at Columbia on the tenth day of September, in the year of our Lord one thousand eight hundred and ninety-five, and thence continued by divers adjournments to the fourth day of December, in the year of our Lord one thousand eight hundred and ninety-five.

An Ordinance to provide that the General Assembly may enact laws necessary to validate and carry into effect subscriptions to the capital stock of certain railroad companies, heretofore voted by the county of Fairfield, and to validate and authorize the issue of bonds in payment of the same

Be it ordained by the people of South Carolina, in Convention assembled, That nothing contained in the Constitution adopted by the people of South Carolina, now in Convention assembled, shall prohibit the General Assembly from enacting laws necessary to validate and carry into effect the subscription to the capital stock of the Cape Fear and Cincinnati Railroad Company, and the subscription to the capital stock of the Wadesboro, Winnsboro and Camak Railroad Company, heretofore voted for and authorized by the qualified electors of Fairfield County, and to validate and authorize the issue of the bonds of said County in payment of the same: Provided, That the said railroad companies comply with all the conditions upon which said subscriptions and bonds were originally voted: And provided, further, That the qualified electors of said County reaffirm the grant of authority to issue said bonds in payment of said subscriptions to either or both of said railroad companies at the next general election for State and County officers.

Done in Convention, in Columbia, on the third day of December, ad 1895.

Jno. Gary Evans,
President of Convention.
Attest:
S. W. Vance,
Secretary of Convention.
Edition: current; Page: [3352]
Jno. Gary Evans
Evans, Jno. Gary
The State of South Carolina:

At a Convention of the people of the State of South Carolina begun and holden at Columbia on the tenth day of September, in the year of our Lord one thousand eight hundred and ninety-five, and thence continued by divers adjournments to the fourth day of December, in the year of our Lord one thousand eight hundred and ninety-five.

An Ordinance fixing the pay and mileage of the members, officers and employees of this Convention

We, the people of South Carolina, in Convention assembled, do ordain:

Section 1. That the following sums, if so much be necessary, be, and the same are hereby, appropriated to pay the expenses of the Constitutional Convention from the tenth day of September, eighteen hundred and ninety-five, to the close of the session (except the time of the recess taken from the fourth day of October, eighteen hundred and ninety-five, to the fifteenth day of October, eighteen hundred and ninety-five,) to the close of the session, as follows: For the per diem of the members at two dollars, and an additional per diem of two dollars from the sixteenth day of October, eighteen hundred and ninety-five, to the end of the session; for the pay of S. W. Vance, Secretary of the Convention, six hundred dollars; for the pay of P. L. Melton, Assistant Secretary of the Convention, four dollars per day; for the pay of H. R. Flannigan, Second Assistant Secretary of the Convention, three dollars per day; for the pay of J. T. Gantt, Journal Clerk, three dollars per day, and three dollars per day for indexing after adjournment, not to exceed twenty days, such number of days as are absolutely necessary to be certified to by the Secretary of the Convention; for the pay of D. H. Witherspoon, Bill Clerk, three dollars per day; for the pay of A. H. Dagnall, Reading Clerk, three dollars per day; for the pay of E. P. Jenkins, Postal Clerk, two dollars per day; for the pay of R. M. Jolly, Doorkeeper, two dollars and fifty cents per day; for the pay of Joseph Witherspoon, Assistant Doorkeeper, two dollars per day; for the pay of W. J. Shelton, Gallery Doorkeeper, two dollars per day; for the pay of Glenn Smith, James Robinson, J. B. Hughes, Belton Drafts Caughman, J. W. McCalla, U. R. Brooks, Jr., Pages of the Constitutional Convention, each one dollar and fifty cents per day; for the pay of W. W. Lazenbury, West Oliphant, Damon Cantey, Council Cross, James Adamson and Aaron Owens, Laborers, each one dollar and fifty cents per day; for the pay of W. Boyd Evans, Clerk of Judiciary Committee, two dollars per day; for the pay of Benjamin W. Crouch, Clerk of the Suffrage Committee, two dollars per day; for the pay of Levi David, Clerk of the Educational Committee, two dollars per day; for the pay of A. R. Harmon, Clerk of the Executive Committee, two dollars per day; for the pay of J. W. Wessinger, Clerk of the Legislative Committee, two dollars per day; for the pay of R. L. Freeman, Clerk of the Committee on Finance and Taxation, two dollars per day; for the pay of G. P. Smith, Clerk of the Committee on Declaration of Rights, two dollars per day; for the pay of E. W. Townsend, Clerk of the Committee on Miscellaneous Matters, two dollars per day; for the pay of G. H. Charles, Clerk of the Committee Edition: current; Page: [3353] on Counties and County Government, two dollars per day; for the pay of W. H. Yeldell, Chief Clerk of the Engrossing Department, three dollars per day; for the pay of N. H. Stansell, Sergeant-at-Arms, three dollars per day; for the pay of the two Chaplains of the Convention, seventy-five dollars each.

Sec. 2. Be it further ordained, That the mileage of the members of the Convention shall be five cents per mile, to and from the Convention by the usual routes. And be it further ordained, That according to a resolution passed by the Constitutional Convention on the twenty-first day (Thursday, October third, eighteen hundred and ninety-five), the members, officers and employees of this Convention be paid five cents per mile going to their homes during the recess and returning therefrom.

Sec. 3. Be it further ordained, That the following sums, if so much be necessary, be appropriated: To pay for the printing connected with the Convention, ——— dollars; for lights, $700; for stationery, ——— dollars.

Sec. 4. The disbursing officer of this Convention shall, upon the adjournment thereof, or as soon thereafter as practicable, issue to the widows of the late J. O. Byrd, R. H. Hodges and J. M. Sprott, members of this Convention, who died while in attendance thereon, pay certificates for the amounts which would have been due their respective husbands had they lived and been in attendance upon this body when it adjourned.

Sec. 5. Each delegate, officer and employee be allowed mileage at five cents per mile going to his home and returning, for the recess from the twenty-seventh day of November to the third day of December; that no per diem be allowed for said recess to delegates, officers and employees, except to those who remained in Columbia sick during the recess and except those delegates who shall attend the meetings of the Committee on Order, Style and Revision, and the clerks employed by said Committee shall be paid four dollars per day.

Done in Convention, in Columbia, on the third day of December, ad 1895.

Jno. Gary Evans,
President of Convention.
Attest:
S. W. Vance,
Secretary of Convention.
Jno. Gary Evans
Evans, Jno. Gary
The State of South Carolina:

At a Convention of the people of the State of South Carolina begun and holden at Columbia on the tenth day of September, in the year of our Lord one thousand eight hundred and ninety-five, and thence continued by divers adjournments to the fourth day of December, in the year of our Lord one thousand eight hundred and ninety-five.

An Ordinance to provide that the General Assembly may enact such laws as may be necessary to validate and carry into effect subscriptions to the capital stock of certain railroad companies, heretofore voted by the county of Chesterfield and by the city of Spartanburg, respectively, and to validate and authorize the issue of bonds in payment of the same

Be it ordained by the people of South Carolina, in Convention assembled, That nothing in the Constitution ordained and established Edition: current; Page: [3354] by the people of South Carolina, now in Convention assembled, shall prohibit the General Assembly from enacting such laws as may be necessary to validate and carry into effect the subscriptions to the capital stock of the Chesterfield and Lancaster Railroad Company, and to the Chesterfield and Kershaw Railroad Company, heretofore voted for and authorized by the qualified voters of Chesterfield County, and to validate and authorize the issue of the bonds of said County in payment of the same; or from enacting such laws as may be necessary to validate and carry into effect the subscription by the city of Spartanburg to the capital stock of the Spartanburg and Rutherfordton Railroad Company heretofore voted for and authorized by the qualified voters of the city of Spartanburg, and to validate and authorize the issue of the bonds of said city in payment of the same.

Done in Convention, in Columbia, on the twentieth day of November, ad 1895.

Jno. Gary Evans,
President of Convention.
Attest:
S. W. Vance,
Secretary of Convention.
Jno. Gary Evans
Evans, Jno. Gary
The State of South Carolina:

At a Convention of the people of the State of South Carolina begun and holden at Columbia on the tenth day of September, in the year of our Lord one thousand eight hundred and ninety-five, and thence continued by divers adjournments to the fourth day of December, in the year of our Lord one thousand eight hundred and ninety-five.

An Ordinance to postpone the next regular session of the General Assembly from the fourth Tuesday in November, 1895, to the second Tuesday in January, 1896.

Be it ordained by the people of South Carolina, in Convention assembled, and by authority of the same, That the next regular session of the General Assembly of this State, appointed by law, to be held on the fourth Tuesday of November, in the year of our Lord one thousand eight hundred and ninety-five, be, and the same is hereby, postponed until the second Tuesday of January, in the year of our Lord one thousand eight hundred and ninety-six; and that the Governor of the State, be, and is hereby, authorized and empowered to issue his proclamation to that effect.

Done in Convention this eighteenth day of November, 1895.

Jno. Gary Evans,
President of Convention.
Attest:
S. W. Vance,
Secretary of Convention.
Edition: current; Page: [3355]

SOUTH DAKOTAa

For organic acts relating to the land now included within North Dakota see in this work:

Treaty Ceding Louisiana, 1803 (Louisiana, p. 1359).
District of Louisiana, 1804 (Louisiana, p. 1364).
Territory of Louisiana, 1805 (Louisiana, p. 1373).
Territory of Missouri, 1812 (Missouri, p. 2139).
Act Extending Bounds of Michigan Territory, 1834 (Iowa, p. 1111).
Territory of Wisconsin, 1836 (Wisconsin, p. 4065).
Territory of Iowa, 1838 (Iowa, p. 1111).
Territory of Nebraska, 1854 (Kansas, p. 1161).
Enabling Act for South Dakota, 1889 (Montana, p. 2289).

PROCLAMATION ANNOUNCING ADMISSION OF SOUTH DAKOTA—1889

By the President of the United States of America

A PROCLAMATION

Whereas the Congress of the United States did, by an act approved on the twenty-second day of February, one thousand eight hundred and eighty-nine, provide that the inhabitants of the Territory of Dakota might, upon the conditions prescribed in the said act, become the States of North Dakota and South Dakota;

And whereas it was provided by said act that the area comprising the Territory of Dakota should, for the purposes of the act, be divided on the line of the seventh standard parallel produced due west to the western boundary of said Territory, and that the delegates elected as therein provided to the Constitutional convention in districts south of said parallel should, at the time prescribed in the act, assemble in convention at the city of Sioux Falls;

And whereas it was provided by the said act that the delegates elected as aforesaid should, after they had met and organized, declare on behalf of the people of South Dakota that they adopt the Constitution of the United States; whereupon the said convention should be authorized to form a constitution and State Government for the proposed State of South Dakota;

And whereas it was provided by said act that the constitution so adopted should be republican in form, and make no distinction in civil or political rights on account of race or color, except as to Indians not taxed, and not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence; Edition: current; Page: [3356] and that the convention should, by an ordinance irrevocable without the consent of the United States and the people of said States, make certain provisions prescribed in said act;

And whereas it was provided by said act that the constitutions of North Dakota and South Dakota should, respectively, incorporate an agreement to be reached in accordance with the provisions of the act, for an equitable division of all property belonging to the Territory of Dakota, the disposition of all public records, and also for the apportionment of the debts and liabilities of said Territory, and that each of said States should obligate itself to pay its proportion of such debts and liabilities the same as if they had been created by such States respectively;

And whereas it was provided by said act that at the election for delegates to the constitutional convention in South Dakota, as therein provided, each elector might have written or printed on his ballot the words “For the Sioux Falls constitution,” or the words “against the Sioux Falls constitution;” that the votes on this question should be returned and canvassed in the same manner as the votes for the election of delegates; and, if a majority of all votes cast on this question should be “for the Sioux Falls constitution” it should be the duty of the convention which might assemble at Sioux Falls, as provided in the act, to re-submit to the people of South Dakota, for ratification or rejection, at an election provided for in said act, the constitution framed at Sioux Falls and adopted November third, eighteen hundred and eighty-five, and also the articles and propositions separately submitted at that election, including the question of locating the temporary seat of government, with such changes only as related to the name and boundary of the proposed State, to the reapportionment of the judicial and legislative districts, and such amendments as might be necessary in order to comply with the provisions of the act;

And whereas it was provided by said act that the constitution formed for the people of South Dakota should, by an ordinance of the convention forming the same, be submitted to the people of South Dakota at an election to be held therein on the first Tuesday in October, eighteen hundred and eighty-nine, for ratification or rejection by the qualified voters of said proposed State, and that the returns of said election should be made to the Secretary of the Territory of Dakota, who, with the Governor and Chief Justice thereof, or any two of them, should canvass the same, and if a majority of the legal votes cast should be for the constitution the Governor should certify the result to the President of the United States, together with a statement of the votes cast thereon and upon separate articles or propositions, and a copy of said constitution, articles, propositions and ordinances;

And whereas it has been certified to me by the Governor of the Territory of Dakota that at the aforesaid election for delegates the “Sioux Falls constitution” was submitted to the people of the proposed State of South Dakota, as provided in the said act; that a majority of all the votes cast on this question was “for the Sioux Falls constitution;” and that the said constitution was, at the time prescribed in the act resubmittted to the people of South Dakota, with proper changes and amendments, and has been adopted and Edition: current; Page: [3357] ratified by a majority of the qualified voters of said proposed State, in accordance with the conditions prescribed in said act;

And whereas it is also certified to me by the said Governor that at the same time that the body of said Constitution was submitted to a vote of the people, two additional articles were submitted separately to wit: an article numbered twenty-four entitled “Prohibition,” which received a majority of all the votes cast for and against said article, as well as a majority of all the votes cast for and against the constitution and was adopted; and an article numbered twenty-five, entitled “Minority Representation,” which did not receive a majority of the votes cast thereon or upon the constitution and was rejected;

And whereas a duly authenticated copy of said constitution, additional articles, ordinances and propositions as required by said act, has been received by me:

Now, therefore, I, Benjamin Harrison, President of the United States of America, do, in accordance with the act of Congress aforesaid, declare and proclaim the fact that the conditions imposed by Congress on the State of South Dakota to entitle that State to admission to the Union have been ratified and accepted, and that the admission of the said State into the Union is now complete.

In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

[seal.] Done at the City of Washington this second day of November in the year of our Lord one thousand eight hundred and eighty-nine, and of the Independence of the United States of America the one hundred and fourteenth.
Benj. Harrison.
By the President:
James G. Blaine,
Secretary of State.

CONSTITUTION OF SOUTH DAKOTA—1889*a

PREAMBLE

We, the people of South Dakota, grateful to Almighty God for our civil and religious liberties, in order to form a more perfect and independent government, establish justice, insure tranquility, provide for the common defense, promote the general welfare and preserve to ourselves and to our posterity the blessings of liberty, do ordain and establish this constitution for the State of South Dakota.

Edition: current; Page: [3358]

Article I: NAME AND BOUNDARY

§ 1. The name of the State shall be South Dakota.

§ 2. The boundaries of the State of South Dakota shall be as follows: Beginning at the point of intersection of the western boundary line of the State of Minnesota with the northern boundary line of the State of Iowa, and running thence northerly along the western boundary line of the State of Minnesota to its intersection with the 7th standard parallel; thence west on the line of the 7th standard parallel produced due west to its intersection with the 27th meridian of longitude west from Washington; thence south on the 27th meridian of longitude west from Washington to its intersection with the northern boundary line of the State of Nebraska; thence easterly along the northern boundary line of the State of Nebraska to its intersection with the western boundary line of the State of Iowa; thence northerly along the western boundary line of the State of Iowa to its intersection with the northern boundary line of the State of Iowa; thence east along the northern boundary line of the State of Iowa to the place of beginning.

Article II: DIVISION OF THE POWERS OF GOVERNMENT

The powers of the government of the state are divided into three distinct departments—the legislative, executive and judicial; and the powers and duties of each are prescribed by this constitution.

Article III: LEGISLATIVE DEPARTMENT

a§ 1. The legislative power shall be vested in a legislature, which shall consist of a senate and house of representatives.

§ 2. The number of members of the house of representatives shall not be less than seventy-five nor more than one hundred and thirty-five. The number of members of the senate shall not be less than twenty-five nor more than forty-five.

The sessions of the legislature shall be biennial except as otherwise provided in this constitution.

§ 3. No person shall be eligible to the office of senator who is not a qualified elector in the district from which he may be chosen, and a citizen of the United States, and who shall not have attained the age of twenty-five years, and who shall not have been a resident of the state or territory for two years next preceding his election.

No person shall be eligible to the office of representative who is not a qualified elector in the district from which he may be chosen, and a citizen of the United States, and who shall not have been a resident of the state or territory for two years next preceding his election, and who shall not have attained the age of twenty-five years.

Edition: current; Page: [3359]

No judge or clerk of any court, secretary of state, attorney general, state’s attorney, recorder, sheriff or collector of public moneys, member of either house of congress, or person holding any lucrative office under the United States or this state, or any foreign government, shall be a member of the legislature; Provided, that appointments in the militia, the offices of notary public and justice of the peace shall not be considered lucrative; nor shall any person holding any office of honor or profit under any foreign government or under the government of the United States, except postmasters whose annual compensation does not exceed the sum of three hundred dollars, hold any office in either branch of the legislature or become a member thereof.

§ 4. No person who has been, or hereafter shall be, convicted of bribery, perjury or other infamous crime, nor any person who has been, or may be collector or holder of public moneys who shall not have accounted for and paid over, according to law, all such moneys due from him, shall be eligible to the legislature or to any office in either branch thereof.

§ 5. The legislature shall provide by law for the enumeration of the inhabitants of the state in the year one thousand eight hundred and ninety-five and every ten years thereafter, and at its first regular session after each enumeration, and also after each enumeration made by authority of the United States, but at no other time, the legislature shall apportion the senators and representatives according to the number of inhabitants, excluding Indians not taxed and soldiers and officers of the United States army and navy; Provided, that the legislature may make an apportionment at its first session after the admission of South Dakota as a State.

§ 6. The terms of the office of the members of the legislature shall be two years; they shall receive for their services the sum of five dollars for each day’s attendance during the session of the legislature, and fivea cents for every mile of necessary travel in going to and returning from the place of meeting of the legislature on the most usual route.

Each regular session of the legislature shall not exceed sixty days, except in cases of impeachment, and members of the legislature shall receive no other pay or perquisites except per diem and mileage.

§ 7. The legislature shall meet at the seat of government on the first Tuesday after the first Monday of January at 12 o’clock m., in the year next ensuing the election of members thereof, and at no other time except as provided by this constitution.

§ 8. Members of the legislature and officers thereof, before they enter upon their official duties, shall take and subscribe the following oath or affirmation: I do solemnly swear (or affirm) that I will support the constitution of the United States and the constitution of the State of South Dakota, and will faithfully discharge the duties of (senator, representative or officer) according to the best of my abilities, and that I have not knowingly or intentionally paid or contributed anything, or made any promise in the nature of a bribe, to directly or indirectly influence any vote at the election at which I Edition: current; Page: [3360] was chosen to fill said office, and have not accepted, nor will I accept or receive, directly or indirectly, any money, pass, or any other valuable thing, from any corporation, company or person, for any vote or influence I may give or withhold on any bill or resolution, or appropriation, or for any other official act.

This oath shall be administered by a judge of the supreme or circuit court, or the presiding officer of either house, in the hall of the house to which the member or officer is elected, and the secretary of state shall record and file the oath subscribed by each member and officer.

Any member or officer of the legislature who shall refuse to take the oath herein prescribed shall forfeit his office.

Any member or officer of the legislature who shall be convicted of having sworn falsely to or violated his said oath, shall forfeit his office and be disqualified thereafter from holding the office of senator or member of the house of representatives or any office within the gift of the legislature.

§ 9. Each house shall be the judge of the election returns and qualifications of its own members.

A majority of the members of each house shall constitute a quorum, but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such a manner and under such penalty as each house may provide.

Each house shall determine the rules of its proceedings, shall choose its own officers and employes and fix the pay thereof, except as otherwise provided in this constitution.

§ 10. The governor shall issue writs of election to fill such vacancies as may occur in either house of the legislature.

§ 11. Senators and representatives shall, in all cases except treason, felony or breach of the peace, be privileged from arrest during the session of the legislature, and in going to and returning from the same; and for words used in any speech or debate in either house, they shall not be questioned in any other place.

§ 12. No member of the legislature shall, during the term for which he was elected, be appointed or elected to any civil office in the State which shall have been created, or the emoluments of which shall have been increased during the term for which he was elected, nor shall any member receive any civil appointment from the governor, the governor and senate, or from the legislature during the term for which he shall have been elected, and all such appointments and all votes given for any such members for any such office or appointment shall be void; nor shall any member of the legislature during the term for which he shall have been elected, or within one year thereafter, be interested, directly or indirectly, in any contract with the State or any county thereof, authorized by any law passed during the term for which he shall have been elected.

§ 13. Each house shall keep a journal of its proceedings and publish the same from time to time, except such parts as require secrecy, and the yeas and nays of members on any question shall be taken at the desire of one-sixth of those present and entered upon the journal.

§ 14. In all elections to be made by the legislature the members thereof shall vote viva voce and their votes shall be entered in the journal.

Edition: current; Page: [3361]

§ 15. The sessions of each house and of the committee of the whole shall be open, unless when the business is such as ought to be kept secret.

§ 16. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.

§ 17. Every bill shall be read three several times, but the first and second reading may be on the same day, and the second reading may be by the title of the bill, unless the reading at length be demanded. The first and third readings shall be at length.

§ 18. The enacting clause of a law shall be: “Be it enacted by the Legislature of the State of South Dakota,” and no law shall be passed unless by assent of a majority of all the members elected to each house of the legislature. And the question upon the final passage shall be taken upon its last reading, and the yeas and nays shall be entered upon the journal.

§ 19. The presiding officer of each house shall, in the presence of the house over which he presides, sign all bills and joint resolutions passed by the legislature, after their titles have been publicly read immediately before signing, and the fact of signing shall be entered upon the journal.

§ 20. Any bill may originate in either house of the legislature, and a bill passed by one house may be amended in the other.

§ 21. No law shall embrace more than one subject, which shall be expressed in its title.

§ 22. No act shall take effect until ninety days after the adjournment of the session at which it passed, unless in case of emergency (to be expressed in the preamble or body of the act) the legislature shall, by a vote of two-thirds of all the members elected of each house, otherwise direct.

§ 23. The legislature is prohibited from enacting any private or special laws in the following cases:

1. Granting divorces.

2. Changing the names of persons or places, or constituting one person the heir-at-law of another.

3. Locating or changing county-seats.

4. Regulating county and township affairs.

5. Incorporating cities, towns and villages or changing or amending the charter of any town, city or village, or laying out, opening, vacating or altering town plats, streets, wards, alleys and public grounds.

6. Providing for sale or mortgage of real estate belonging to minors or others under disability.

7. Authorizing persons to keep ferries across streams wholly within the State.

8. Remitting fines, penalties or forfeitures.

9. Granting to an individual, association or corporation any special or exclusive privilege, immunity or franchise whatever.

10. Providing for the management of common schools.

11. Creating, increasing or decreasing fees, percentages or allowances of public officers during the term for which said officers are elected or appointed.

Edition: current; Page: [3362]

But the legislature may repeal any existing special law relating to the foregoing subdivisions.

In all other cases where a general law can be applicable, no special law shall be enacted.

§ 24. The legislature shall have no power to release or extinguish, in whole or in part, the indebtedness, liability or obligation of any corporation or individual to this State or to any municipal corporation therein.

§ 25. The legislature shall not authorize any game of chance, lottery or gift enterprise, under any pretense, or for any purpose whatever.

§ 26. The legislature shall not delegate to any special commission, private corporation or association any power to make, supervise or interfere with any municipal improvement, money, property, effects, whether held in trust or otherwise, or levy taxes or to select a capital site or to perform any municipal functions whatever.

§ 27. The legislature shall direct by law in what manner and in what court suits may be brought against the State.

§ 28. Any person who shall give, demand, offer, directly or indirectly, any money, testimonial, privilege or personal advantage, anything of value to an executive or judicial officer or member of the legislature, to influence him in the performance of any of his official or public duties shall be guilty of bribery and shall be punished in such manner as shall be provided by law.

The offense of corrupt solicitation of members of the legislature, or of public officers of the State, or any municipal division thereof, and any effort toward solicitation of said members of the legislature or officers to influence their official action shall be defined by law, and shall be punishable by fine and imprisonment.

Any person may be compelled to testify in investigation or judicial proceedings against any person charged with having committed any offense of bribery or corrupt solicitation, and shall not be permitted to withhold his testimony upon the ground that it may criminate himself, but said testimony shall not afterward be used against him in any judicial proceeding except for bribery in giving such testimony, and any person convicted of either of the offienses aforesaid shall be disqualified from holding any office or position or office of trust or profit in this State.

Article IV: EXECUTIVE DEPARTMENT

§ 1. The executive power shall be vested in a governor who shall hold his office for two years. A lieutenant governor shall be elected at the same time and for the same term.

§ 2. No person shall be eligible to the office of governor or lieutenant governor except a citizen of the United States and a qualified elector of the State, who shall have attained the age of 30 years, and who shall have resided two years next preceding the election within the State or territory; nor shall he be eligible to any other office during the term for which he shall have been elected.

§ 3. The governor and lieutenant governor shall be elected by the qualified electors of the State at the time and places of choosing members of the legislature. The persons respectively having the highest Edition: current; Page: [3363] number of votes for governor and lieutenant governor shall be elected; but if two or more shall have an equal and highest number of votes for governor or lieutenant governor, the two houses of the legislature at its next regular session shall forthwith, by joint ballot, choose one of such persons for said office. The returns of the election for governor and lieutenant governor shall be made in such manner as shall be prescribed by law.

§ 4. The governor shall be commander-in-chief of the military and naval forces of the State, except when they shall be called into the service of the United States, and may call out the same to execute laws, suppress insurrection and repel invasion. He shall have power to convene the legislature on extraordinary occasions. He shall, at the commencement of each session, communicate to the legislature by message, information of the condition of the State, and shall recommend such measures as he shall deem expedient. He shall transact all necessary business with the officers of the government, civil and military. He shall expedite all such measures as may be resolved upon by the legislature and shall take care that the laws be faithfully executed.

§ 5. The governor shall have power to remit fines and forfeitures, to grant reprieves, commutations and pardons after conviction for all offences except treason and cases of impeachment; provided, that in all cases where the sentence of the court is capital punishment, imprisonment for life or a longer term than two years, or a fine exceeding $200, no pardon shall be granted, sentence commuted or fine remitted except upon the recommendation in writing of a board of pardons, consisting of the presiding judge, secretary of state and attorney general, after full hearing in open session, and such recommendation, with the reasons therefor, shall be filed in the office of the secretary of state; but the legislature may by law in all cases regulate the manner in which the remission of fines, pardons, commutations and reprieves may be applied for. Upon conviction for treason he shall have the power to suspend the execution of the sentence until the case shall be reported to the legislature at its next regular session, when the legislature shall either pardon or commute the sentence, direct the execution of the sentence or grant a further reprieve. He shall communicate to the legislature at each regular session, each case of remission of fine, reprieve, commutation or pardon granted by him in the cases in which he is authorized to act without the recommendation of the said board of pardons, stating the name of the convict, the crime of which he is convicted, the sentence and its date, and the date of the remission, commutation, pardon or reprieve, with his reasons for granting the same.

§ 6. In case of death, impeachment, resignation, failure to qualify, absence from the State, removal from office, or other disability of the governor, the powers and duties of the office for the residue of the term, or until he shall be acquitted, or the disability removed, shall devolve upon the lieutenant governor.

§ 7. The lieutenant governor shall be president of the senate, but shall have only a casting vote therein. If during a vacancy of the office of governor the lieutenant governor shall be impeached, displaced, resign or die, or from mental or physical disease or otherwise become incapable of performing the duties of his office the secretary Edition: current; Page: [3364] of state shall act as governor until the vacancy shall be filled or the disability removed.

§ 8. When any office shall from any cause become vacant and no mode is provided by the constitution or law for filling such vacancy, the governor shall have the power to fill such vacancy by appointment.

§ 9. Every bill which shall have passed the legislature shall, before it becomes a law, be presented to the governor. If he approve, he shall sign it; but if not, he shall return it with his objection to the house in which it originated, which shall enter the objection at large upon the journal and proceed to reconsider it. If after such reconsideration, two-thirds of the members present shall agree to pass the bill, it shall be sent together with the objection, to the other house, by which it shall likewise be reconsidered, and if it be approved by two-thirds of the members present, it shall become a law; but in all such cases the vote of both houses shall be determined by the yeas and nays, and the names of the members voting for and against the bill shall be entered upon the journal of each house respectively. If any bill shall [not] be returned by the governor within three days (Sundays excepted) after it shall have been presented to him, the same shall be a law, unless the legislature shall by its adjournment prevent its return, in which case it shall be filed, with his objection, in the office of the secretary of state within ten days after such adjournment, or become a law.

§ 10. The governor shall have power to disapprove of any item or items of any bill making appropriations of money embracing distinct items, and the part or parts of the bill approved shall be law, and the item or items disapproved shall be void, unless enacted in the following manner: If the legislature be in session he shall transmit to the house in which the bill originated, a copy of the item or items thereof disapproved, together with his objections thereto, and the items objected to shall be separately reconsidered, and each item shall then take the same course as is prescribed for the passage of bills over the executive veto.

§ 11. Any governor of this State who asks, receives, or agrees to receive any bribe upon any understanding that his official opinion, judgment or action shall be influenced thereby, or who gives or offers, or promises his official influence in consideration that any member of the legislature shall give his official vote or influence on any particular side of any question or matter upon which he may be required to act in his official capacity, or who menaces any member by the threatened use of his veto power or who offers or promises any member that he, the said governor, will appoint any particular person or persons to any office created or thereafter to be created in consideration that any member shall give his official vote or influence on any matter pending or thereafter to be introduced into either house of said legislature or who threatenes any member that he, the said governor, will remove any person or persons from any office or position with intent to in any manner influence the official action of said member, shall be punished in the manner now, or that may hereafter be, provided by law, and upon conviction thereon shall forfeit all right to hold or exercise any office of trust or honor in this State.

§ 12. There shall be chosen by the qualified electors of the State at the times and places of choosing members of the legislature, a Edition: current; Page: [3365] secretary of state, auditor, treasurer, superintendent of public instruction, commissioner of school and public lands, and attorney general, who shall severally hold their offices for the term of two years, but no person shall be eligible to the office of treasurer for more than two terms consectively. They shall respectively keep their offices at the seat of government.

§ 13. The powers and duties of the secretary of state, auditor, treasurer, superintendent of public instruction, commissioner of school and public lands and attorney general shall be as prescribed by law.

Article V: JUDICIAL DEPARTMENT

§ 1. The judicial powers of the State, except as in this constitution otherwise provided, shall be vested in a supreme court, circuit courts, county courts and justices of the peace, and such other courts as may be created by law for cities and incorporated towns.

SUPREME COURT

§ 2. The supreme court, except as otherwise provided in this constitution, shall have appellate jurisdiction only, which shall be coextensive with the State, and shall have a general superintending control over all inferior courts, under such regulations and limitations as may be prescribed by law.

§ 3. The supreme court and the judges thereof shall have power to issue writs of habeas corpus. The supreme court shall have power to issue writs of mandamus, quo warranto, certiorari, injunction and other original and remedial writs, with authority to hear and determine the same in such cases and under such regulations as may be prescribed by law, provided, however, that no jury trials shall be allowed in said supreme court, but, in proper cases, questions of fact may be sent by said court to a circuit court for a trial before a jury.

§ 4. At least two terms of the supreme court shall be held each year at the seat of government.

§ 5. The supreme court shall consist of three judges, to be chosen from districts by qualified electors of the State at large, as hereinafter provided.

§ 6. The number of said judges and districts may, after five years from the admission of this State under this constitution, be increased by law to not exceeding five.

§ 7. A majority of the judges of the supreme court shall be necessary to form a quorum or to pronounce a decision, but one or more of said judges may adjourn the court from day to day or to a day certain.

§ 8. The term of the judges of the supreme court who shall be elected at the first election under this constitution shall be four years. At all subsequent elections the term of said judges shall be six years.

§ 9. The judges of the supreme court shall by rules select from their number a presiding judge, who shall act as such for the term prescribed by such rule.

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§ 10. No person shall be eligible to the office of judge of the supreme court unless he be learned in the law, be at least thirty years of age, a citizen of the United States, nor unless he shall have resided in this State or territory at least two years next preceding his election and at the time of his election be a resident of the district from which he is elected; but for the purpose of re-election, no such judge shall be deemed to have lost his residence in the district by reason of his removal to the seat of government in the discharge of his official duties.

§ 11. Until otherwise provided by law, the districts from which the said judges of the supreme court shall be elected shall be constituted as follows:

First DistrictAll that portion of the State lying west of the Missouri river.

Second DistrictAll that portion of the State lying east of the Missouri river and south of the second standard parallel.

Third DistrictAll that portion of the State lying east of the Missouri river and north of the second standard parallel:

§ 12. There shall be a clerk and also a reporter of the supreme court, who shall be appointed by the judges thereof and who shall hold office during the pleasure of said judges, and whose duties and emoluments shall be prescribed by law, and by the rules of the supreme court not inconsistent with law. The legislature shall make provisions for the publication and distribution of the decisions of the supreme court, and for the sale of the published volumes thereof. No private person or corporation shall be allowed to secure any copyright to such decisions, but if any copyrights are secured they shall innure wholly to the benefit of the State.

§ 13. The governor shall have authority to require the opinions of the judges of the supreme court upon important questions of law involved in the exercise of his executive powers and upon solemn occasions.

CIRCUIT COURTS

§ 14. The circuit courts shall have original jurisdiction of all actions and causes, both at law and in equity, and such appellate jurisdiction as may be conferred by law and consistent with this constitution; such jurisdiction as to value and amount and grade of offense, may be limited by law. They and the judges thereof shall also have jurisdiction and power to issue writs of habeas corpus, mandamus, quo warranto, certiorari, injunction and other original and remedial writs, with authority to hear and determine the same.

§ 15. The state shall be divided into judicial circuits in each of which there shall be elected by the electors thereof one judge of the circuit court therein, whose term of office shall be four years.

§ 16. Until otherwise ordered by law, said circuits shall be eight in number and constituted as follows, viz.

First CircuitThe counties of Union, Clay, Yankton, Turner, Bon Homme, Hutchinson, Charles Mix, Douglas, Todd, Gregory, Tripp and Meyer.

Second CircuitThe counties of Lincoln, Minnehaha, McCook, Moody and Lake.

Third CircuitThe counties of Brookings, Kingsbury, Deuel, Edition: current; Page: [3367] Hamlin, Codington, Clark, Grant, Roberts, Day, and the Wahpeton and Sisseton reservation, except such portion of such reservation as lies in Marshall county.

Fourth CircuitThe counties of Sanborn, Davison, Aurora, Brule, Buffalo, Jerauld, Hanson, Miner, Lyman, Presho and Pratt.

Fifth CircuitThe counties of Beadle, Spink, Brown and Marshall.

Sixth CircuitThe counties of Hand, Hyde, Hughes, Sully, Stanley, Potter, Faulk, Edmunds, Walworth, Campbell and McPherson and all that portion of said state lying east of the Missouri river and not included in any other judicial circuit.

Seventh CircuitThe counties of Pennington, Custer, Fall River, Shannon, Washington, Ziebach, Sterling, Nowlin, Jackson, Washabaugh and Lugenbeel.

Eighth CircuitThe counties of Lawrence, Meade, Scobey, Butte, Delano, Pyatt, Dewey, Boreman, Schnasse, Rinehart, Martin, Choteau, Ewing and Harding and all that portion of said state west of the Missouri river and north of the Big Cheyenne river and the north fork of the Cheyenne river not included in any other judicial circuit.

§ 17. The legislature may, whenever two-thirds of the members of each house shall concur therein, increase the number of judicial circuits and the judges thereof, and divide the State into judicial circuits accordingly, taking care that they be formed of compact territory and be bounded by county lines, but such increase of number or change in the boundaries of districts shall not work the removal of any judge from his office during the term for which he shall have been elected or appointed.

§ 18. Writs of error and appeals may be allowed from the decisions of the circuit courts to the supreme court under such regulations as may be prescribed by law.

COUNTY COURTS

§ 19. There shall be elected in each organized county a county judge who shall be judge of the county court of said county, whose term of office shall be two years until otherwise provided by law.

§ 20. County courts shall be courts of record and shall have original jurisdiction in all matters of probate guardianship and settlement of estates of deceased persons, and such-other civil and criminal jurisdiction as may be conferred by law; Provided, that such courts shall not have jurisdiction in any case where the debt, damage, claim or value of property involved shall exceed one thousand dollars except in matters of probate, guardianship and the estates of deceased persons. Writs of error and appeal may be allowed from county to circuit courts, or to the supreme court, in such cases and in such manner as may be prescribed by law; Provided, that no appeal or writ of error shall be allowed to the circuit court from any judgment rendered upon an appeal from a justice of the peace or police magistrate for cities or towns.

§ 21. The county court shall not have jurisdiction in cases of felony, nor shall criminal cases therein be prosecuted by indictment; but they may have such jurisdiction in criminal matters, not of the grade of felony, as the legislature may prescribe, and the prosecutions therein may be by information or otherwise as the legislature may provide.

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JUSTICE OF THE PEACE

§ 22. Justices of the peace shall have such jurisdiction as may be conferred by law, but they shall not have jurisdiction of any cause wherein the value of the property or the amount in controversy exceeds the sum of one hundred dollars, or where the boundaries or title to real property shall be called in question.

POLICE MAGISTRATE

§ 23. The legislature shall have power to provide for creating such police magistrates for cities and towns as may be deemed from time to time necessary, who shall have jurisdiction of all cases arising under the ordinances of such cities and towns respectively, and such police magistrates may also be constituted ex-officio justices of the peace for their respective counties.

STATE’S ATTORNEY

§ 24. The legislature shall have power to provide for State’s attorneys and to prescribe their duties and fix their compensation; but no person shall be eligible to the office of attorney general or State’s attorney who shall not at the time of his election be at least 25 years of age and possess all the other qualifications for judges of circuit courts as prescribed in this article.

MISCELLANEOUS

§ 25. No person shall be eligible to the office of judge of the circuit or county courts unless he be learned in the law, be at least 25 years of age, and a citizen of the United States; nor unless he shall have resided in this state or territory at least one year next preceding his election, and at the time of his election be a resident of the county or circuit, as the case may be, for which he is elected.

§ 26. The judges of the supreme court, circuit courts and county courts shall be chosen at the first election held under the provisions of this constitution, and thereafter as provided by law, and the legislature may provide for the election of such officers on a different day from that on which an election is held for any other purpose and may, for the purpose of making such provision, extend or abridge the term of office for any such judges, then holding, but not in any case more than six months. The term of office of all judges of circuit courts, elected in the several judicial circuits throughout the state, shall expire on the same day.

§ 27. The time of holding courts within said judicial circuits and counties shall be as provided by law; but at least one term of the circuit court shall be held annually in each organized county, and the legislature shall make provision for attaching unorganized counties or territory to original counties for judicial purposes.

§ 28. Special terms of said courts may be held under such regulations as may be provided by law.

§ 29. The judges of the circuit courts may hold courts in other circuits than their own under such regulations as may be prescribed by law.

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§ 30. The judges of the supreme court, circuit courts and county courts shall each receive such salary as may be provided by law, consistent with this constitution, and no such judge shall receive any compensation, perquisite or emoluments for or on account of his office in any form whatever except such salary; provided that county judges may accept and receive such fees as may be allowed under the land laws of the United States.

§ 31. No judge of the supreme court or circuit court shall act as attorney or counselor at law, nor shall any county judge act as an attorney or counselor at law in any case which is or may be brought into his court, or which may be appealed therefrom.

§ 32. There shall be a clerk of the circuit court in each organized county who shall also be clerk of the county court, and who shall be elected by the qualified electors of such county. The duties and compensation of said clerk shall be as provided by law and regulated by the rules of the court consistent with the provisions of law.

§ 33. Until the legislature shall provide by law for fixing the terms of courts, the judges of the supreme, circuit and county courts respectively shall fix the terms thereof.

§ 34. All laws relating to courts shall be general and of uniform operation throughout the state, and the organization, jurisdiction, power, proceedings and practice of all the courts of the same class or grade, so far as regulated by law, and the force and effect of the proceedings, judgments and decrees of such courts severally shall be uniform; Provided, however, that the legislature may classify the county courts according to the population of the respective counties and fix the jurisdiction and salary of the judges thereof, accordingly.

§ 35. No judge of the supreme or circuit courts shall be elected to any other than a judicial office or be eligible thereto, during the term for which he was elected such judge. All votes for either of them during such term for any elective office, except that of judge of the supreme court, circuit court or county court, given by the legislature or the people, shall be void.

§ 36. All judges or other officers of the supreme, circuit or county courts provided for in this article shall hold their offices until their successors respectively are elected or appointed and qualified.

§ 37. All officers provided for in this article shall respectively reside in the district, county, precinct, city or town for which they may be elected or appointed. Vacancies in the elective offices provided for in this article shall be filled by appointment until the next general election as follows: All judges of the supreme, circuit and county courts by the governor. All other judicial and other officers by the county board of the counties where the vacancy occurs; in cases of police magistrates, by the municipality.

§ 38. All process shall run in the name of the “State of South Dakota.” All prosecutions shall be carried on in the name of and by authority of the “State of South Dakota.”

Article VI: BILL OF RIGHTS

§ 1. All men are born equally free and independent, and have certain inherent rights, among which are those of enjoying and defending life and liberty, of acquiring and protecting property and the Edition: current; Page: [3370] pursuit of happiness. To secure these rights governments are instituted among men, deriving their just powers from the consent of the governed.

§ 2. No person shall be deprived of life, liberty or property without due process of law.

§ 3. The right to worship God according to the dictates of conscience shall never be infringed. No person shall be denied any civil or political right, privilege or position on account of his religious opinions; but the liberty of conscience hereby secured shall not be so construed as to excuse licentiousness, the invasion of the rights of others, or justify practices inconsistent with the peace or safety of the State. No person shall be compelled to attend or support any ministry or place of worship against his consent, nor shall any preference be given by law to any religious establishment or mode of worship. No money or property of the state shall be given or appropriated for the benefit of any sectarian or religious society or institution.

§ 4. The right of petition, and of the people peaceably to assemble to consult for the common good and make known their opinions, shall never be abridged.

§ 5. Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right. In all trials for libel, both civil and criminal, the truth, when published, with good motives and for justifiable ends, shall be a sufficient defense. The jury shall have the right to determine the facts and the law under the direction of the court.

§ 6. The right of trial by jury shall remain inviolate, and shall extend to all cases at law without regard to the amount in controversy, but the legislature may provide for a jury of less than twelve in any court not a court of record, and for the decision of civil cases by three-fourths of the jury in any court.

§ 7. In all criminal prosecutions the accused shall have the right to defend in person and by counsel; to demand the nature and cause of the accusation against him; to have a copy thereof; to meet the witnesses against him face to face; to have compulsory process served for obtaining witnesses in his behalf, and to a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed.

§ 8. All persons shall be bailable by sufficient sureties, except for capital offenses when proof is evident or presumption great. The privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion the public safety may require it.

§ 9. No person shall be compelled in any criminal case to give evidence against himself or be twice put in jeopardy for the same offense.

§ 10. No person shall be held for a criminal offense unless on the presentment or indictment of the grand jury, or information of the public prosecutor, except in cases of impeachment, in cases cognizable by county courts, by justices of the peace, and in cases arising in the army and navy, or in the militia when in actual service in time of war or public danger. Provided, that the grand jury may be modified or abolished by law.

§ 11. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrant shall issued but upon probable cause Edition: current; Page: [3371] supported by affidavit, particularly describing the place to be searched and the person or thing to be seized.

§ 12. No ex post facto law, or law imparing the obligation of contracts or making any irrevocable grant or privilege, franchise or immunity shall be passed.

§ 13. Private property shall not be taken for public use, or damaged, without just compensation as determined by a jury, which shall be paid as soon as it can be ascertained and before possession is taken. No benefit which may accrue to the owner as a result of an improvement made by any private corporation shall be considered in fixing the compensation for property taken or damaged. The fee of land taken for railroad tracks or other highways shall remain in such owners, subject to the use for which it is taken.

§ 14. No distinction shall ever be made by law between resident aliens and citizens in reference to the possession, enjoyment or descent of property.

§ 15. No person shall be imprisoned for debt arising out of or founded upon a contract.

§ 16. The military shall be in strict subordination to the civil power. No soldier in time of peace shall be quartered in any house without consent of the owner, nor in time of war except in the manner prescribed by law.

§ 17. No tax or duty shall be imposed without the consent of the people or their respresentatives in the legislature, and all taxation shall be equal and uniform.

§ 18. No law shall be passed granting to any citizen, class of citizens or corporation, privileges or immunities which upon the same terms shall not equally belong to all citizens or corporations.

§ 19. Elections shall be free and equal, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage. Soldiers in time of war may vote at their post of duty in or out of the state, under regulations to be prescribed by the legislature.

§ 20. All courts shall be open, and every man for an injury done him in his property, person or reputation, shall have remedy by due course of law, and right and justice administered without denial or delay.

§ 21. No power of suspending law shall be exercised, unless by the legislature or its authority.

§ 22. No person shall be attainted of treason or felony by the legislature.

§ 23. Excessive bail shall not be required, excessive fines imposed, nor cruel punishments inflicted.

§ 24. The right of the citizens to bear arms in defense of themselves and the state shall not be denied.

§ 25. Treason against the state shall consist only in levying war against it, or in adhering to its enemies, or in giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act or confession in open court.

§ 26. All political power is inherent in the people and all free government is founded on their authority, and is instituted for their equal protection and benefit, and they have the right in lawful and constituted methods to alter or reform their forms of government in Edition: current; Page: [3372] such manner as they may think proper. And the state of South Dakota is an inseparable part of the American Union, and the constitution of the United States is the supreme law of the land.

§ 27. The blessings of a free government can only be maintained by a firm adherence to justice, moderation, temperance, frugality and virtue, and by frequent recurrence to fundamental principles.

Article VII: ELECTIONS AND RIGHT OF SUFFRAGE

§ 1. Every male person resident of this State who shall be of the age of 21 years and upwards, not otherwise disqualified, belonging to either of the following classes, who shall be a qualified elector under the laws of the territory of Dakota at the date of the ratification of this constitution by the people, or who shall have resided in the United States one year, in this state six months, in the county thirty days and in the election precinct where he offers his vote ten days next preceding any election, shall be deemed a qualified elector at such election.

First. Citizens of the United States.

Second. Persons of foreign birth who shall have declared their intention to become citizens conformably to the laws of the United States upon the subject of naturalization.

a§ 2. The legislature shall at its first session after the admission of the state into the Union, submit to a vote of the electors of the state the following question to be voted upon at the next general election held thereafter, namely: “Shall the word ‘male’ be stricken from the article of the constitution relating to elections and the right of suffrage.” If a majority of the votes cast upon that question are in favor of striking out said word “male” it shall be stricken out and there shall thereafter be no distinction between males and females in the exercise of the right of suffrage at any election in this state.

§ 3. All votes shall be by ballot, but the legislature may provide for numbering ballots for the purpose of preventing and detecting fraud.

§ 4. All general elections shall be biennial.

§ 5. Electors shall in all cases except treason, felony or breach of the peace, be privileged from arrest during their attendance at elections and in going to and returning from the same. And no elector shall be obliged to do military duty on the days of election except in time of war or public danger.

§ 6. No elector shall be deemed to have lost his residence in this state by reason of his absence on business of the United States or of this state, or in the military or naval service of the United States.

§ 7. No soldier, seaman or marine in the army or navy of the United States shall be deemed a resident of this state in consequence of being stationed therein.

§ 8. No person under guardianship, non compos mentis or insane, shall be qualified to vote at any election, nor shall any person convicted Edition: current; Page: [3373] of treason or felony be qualified to vote at any election unless restored to civil rights.

§ 9. Any woman having the qualifications enumerated in Section 1, of this article, as to age, residence and citizenship, and including those now qualified by the laws of the territory, may vote at any election held solely for school purposes, and may hold any office in this state except as otherwise provided in this constitution.

Article VIII: EDUCATION AND SCHOOL LANDS

§ 1. The stability of a republican form of government depending on the morality and intelligence of the people, it shall be the duty of the legislature to establish and maintain a general and uniform system of public schools wherein tuition shall be without charge, and equally open to all; and to adopt all suitable means to secure to the people the advantages and opportunities of education.

§ 2. All proceeds of the sale of public lands that have heretofore been or may hereafter be given by the United States for the use of public schools in the State; all such per centum as may be granted by the United States on the sales of public lands; the proceeds of all property that shall fall to the State by escheat; the proceeds of all gifts or donations to the State for public schools or not otherwise appropriated by the terms of the gift; and all property otherwise acquired for public schools, shall be and remain a perpetual fund for the maintenance of public schools in the State. It shall be deemed a trust fund held by the State. The principal shall forever remain inviolate, and may be increased, but shall never be diminished, and the State shall make good all losses thereof which may in any manner occur.

§ 3. The interest and income of this fund, together with the net proceeds of all fines for violation of State laws and all other sums which may be added thereto by law, shall be faithfully used and applied each year for the benefit of the public schools of the State, and shall be for this purpose apportioned among and between all the several public school corporations of the State in proportion to the number of children in each of school age, as may be fixed by law; and no part of the fund, either principal or interest, shall ever be diverted, even temporarily, from this purpose or used for any other purpose whatever than the maintenance of public schools for the equal benefit of all the people of the State.

§ 4. After one year from the assembling of the first legislature, the lands granted to the State by the United States for the use of public schools may be sold upon the following conditions and no other: Not more than one-third of all such lands shall be sold within the first five years, and no more than two-thirds within the first fifteen years after the title thereto is vested in the State and the legislature shall, subject to the provisions of this article, provide for the sale of the same.

The commissioner of school and public lands, the State auditor and the county superintendent of schools of the counties severally, shall constitute boards of appraisal and shall appraise all school lands within the several counties which they may from time to Edition: current; Page: [3374] time select and designate for sale, at their actual value under the terms of sale. They shall take care to first select and designate for sale the most valuable lands; and they shall ascertain all such lands as may be of special and peculiar value, other than agricultural, and cause the proper sub-division of the same in order that the largest price may be obtained therefor.

§ 5. No land shall be sold for less than the appraised value, and in no case for less than ten dollars an acre. The purchaser shall pay one-fourth of the price in cash, and the remaining three-fourths as follows: One-fourth in five years, one-fourth in ten years, and one-fourth in fifteen years; with interest thereon at the rate of not less than six per centum per annum, payable annually in advance, but all such subdivided lands may be sold for cash, provided that upon payment of the interest for one full year in advance, the balance of the purchase price may be paid at any time. All sales shall be at public auction to the highest bidder, after sixty day’s advertisement of the same in a newspaper of general circulation in the vicinity of the lands to be sold, and one at the seat of government. Such lands as shall not have been specially subdivided shall be offered in tracts of not more than eighty acres, and those so subdivided in the smallest subdivisions. All lands designated for sale and not sold within four years after appraisal, shall be reappraised by the board of appraisal as hereinbefore provided before they are sold.

§ 6. All sales shall be conducted through the office of the commissioner of school and public lands as may be prescribed by law, and returns of all appraisals and sales shall be made to said office. No sale shall operate to convey any right or title to any lands for sixty days after the date thereof, nor until the same shall have received the approval of the governor in such form as may be provided by law. No grant or patent for any such lands shall issue until final payment be made.

§ 7. All lands, money or other property donated, granted, or received from the United States or any other source for a university, agricultural college, normal schools or other educational or charitable institution or purpose, and the proceeds of all such lands and other property so received from any source, shall be and remain perpetual funds, the interest and income of which, together with the rents of all such lands as may remain unsold, shall be inviolably appropriated and applied to the specific objects of the original grants or gifts. The principal of every such fund may be increased, but shall never be diminished, and the interest and income only shall be used. Every such fund shall be deemed a trust fund held by the state, and the state shall make good all losses therefrom that shall in any manner occur.

§ 8. All lands mentioned in the preceding section shall be appraised and sold in the same manner and by the same officers and boards under the same limitations and subject to all the conditions as to price, sale and approval provided above for the appraisal and sale of lands for the benefit of public schools, but a distinct and separate account shall be kept by the proper officers of each of such funds.

§ 9. No lands mentioned in this article shall be leased except for pasturage and meadow purposes and at public auction after notice as hereinbefore provided in case of sale and shall be offered in tracts not greater than one section. All rents shall be payable annually in Edition: current; Page: [3375] advance, and no term of lease shall exceed five years, nor shall any lease be valid until it receives the approval of the governor.

§ 10. No claim to any public lands by any tresspasser thereon by reason of occupancy, cultivation or improvement thereof, shall ever be recognized; nor shall compensation ever be made on account of any improvements made by such trespasser.

a§ 11. The moneys of the permanent school and other educational funds shall be invested only in first mortgages upon good improved farm lands within this State as hereinafter provided, or in bonds of school corporations within the State, or in bonds of the United States, or of the State of South Dakota. The legislature shall provide by law the method of determining the amounts of said funds which shall be invested from time to time in such classes of securities respectively, taking care to secure continuous investments as far as possible.

All moneys of said funds which may from time to time be designated for investment in farm mortgages and in the bonds of school corporations shall for such purpose be divided among the organized counties of the State in proportion to population as nearly as provisions by law to secure continuous investments may permit. The several counties shall hold and manage the same as trust funds, and they shall be and remain responsible and accountable for the principal and interest of all such moneys received by them from the date of receipt until returned because not loaned; and in case of loss to any money so apportioned to any county, such county shall make the same good out of its common revenue. Counties shall invest said money in bonds of school corporations, or in first mortgages upon good improved farm lands within their limits respectively; but no farm loan shall exceed $500 to any one person, nor shall it exceed one-half the valuation of the lands as assessed for taxation, and the rate of interest shall not be less than 6 per centum per annum, and shall be such other and higher rate as the legislature may provide, and shall be payable semi-annually on the first days of January and July; provided, that whenever there are moneys of said funds in any county amounting to $1,000 that cannot be loaned according to the provisions of this section and any law pursuant thereto, the said sum may be returned to the state treasurer to be entrusted to some other county or counties, or otherwise invested under the provisions of this section.

Each county shall semi-annually, on the first day of January and July, render an account of the condition of the funds intrusted to it to the auditor of state, and at the same time pay to or account to the state treasurer for the interest due on all funds intrusted to it.

The legislature may provide by general law that counties may retain from interest collected in excess of six per centum per annum upon all said funds intrusted to them, not to exceed one per centum per annum. But no county shall be exempted from the obligation to make semi-annual payments to the state treasury of interest at the rate provided by law for such loans, except only said one per centum, and in no case shall the interest so to be paid be less than six per centum per annum.

The legislature shall provide by law for the safe investment of the permanent school and other educational funds, and for the prompt Edition: current; Page: [3376] collection of interest and income thereof, and to carry out the objects and provisions of this section.

§ 12. The governor may disapprove any sale, lease or investment other than such as are intrusted to the counties.

§ 13. All losses to the permanent school or other educational funds of this state which shall have been occasioned by the defalcation, negligence, mismanagement or fraud of the agents or officers controlling and managing the same, shall be audited by the proper authorities of the state. The amount so audited shall be a permanent funded debt against the state in favor of the fund sustaining the loss upon which not less than six per centum of annual interest shall be paid. The amount of indebtedness so created shall not be counted as a part of the indebtedness mentioned in Article XIII, Sec. 2.

§ 14. The legislature shall provide by law for the protection of the school lands from trespass or unlawful appropriation, and for their defense against all unauthorized claims or efforts to divert them from the school fund.

§ 15. The legislature shall make such provisions by general taxation, and by authorizing the school corporations to levy such additional taxes, as with the income from the permanent school fund shall secure a thorough and efficient system of common schools throughout the state.

§ 16. No appropriation of lands, money or other property or credits to aid any sectarian school shall ever be made by the state, or any county or municipality within the state, nor shall the state or any county or municipality within the state accept any grant, conveyance, gift or bequest of lands, money or other property to be used for sectarian purposes, and no sectarian instruction shall be allowed in any school or institution aided or supported by the state.

§ 17. No teacher, State, county, township or district school officer shall be interested in the sale, proceeds or profits of any book, apparatus or furniture used or to be used in any school in this state, under such penalties as shall be provided by law.

Article IX: COUNTY AND TOWNSHIP ORGANIZATION

§ 1. The legislature shall provide by general law for organizing new counties, locating the county seats thereof and changing county lines; but no new county shall be organized so as to include an area of less than twenty-four congressional townships, as near as may be without dividing a township or fractional township, nor shall the boundaries of any organized county be changed so as to reduce the same to a less area than above specified. All changes in county boundaries in counties already organized, before taking effect, shall be submitted to the electors of the county or counties to be affected thereby, at the next general election thereafter and be adopted by a majority of the votes cast in each county at such election. Counties now organized shall remain as they are unless changed according to the above provisions.

§ 2. In counties already organized where the county seat has not been located by a majority vote, it shall be the duty of the county board to submit the location of the county seat to the electors of said Edition: current; Page: [3377] county at a general election. The place receiving the majority of all votes cast at said election shall be the county seat of said county.

§ 3. Whenever a majority of the legal voters of any organized county shall petition the county board to change the location of the county seat which has once been located by a majority vote, specifying the place to which it is to be changed, said county board shall submit the same to the people of said county at the next general election, and if the proposition to change the county seat be ratified by two-thirds of the votes cast at said election, then the county seat shall be changed, otherwise not. A proposition to change the location of the county seat of any organized county shall not again be submitted before the expiration of four years.

§ 4. The legislature shall provide by general law for organizing the counties into townships, having due regard for congressional township lines and natural boundaries, and whenever the population is sufficient and the natural boundaries will permit, the civil townships shall be co-extensive with the congressional townships.

§ 5. In each organized county at the first general election held after the admission of the State of South Dakota into the Union, and every two years thereafter, there shall be elected a clerk of the court, sheriff, county auditor, register of deeds, treasurer, state’s attorney, surveyor, coroner, and superintendent of schools, whose terms of office respectively shall be two years, and except the clerk of the court, no person shall be eligible for more than four years in succession to any of the above named offices.

§ 6. The legislature shall provide by general law for such county, township and district officers as may be deemed necessary, and shall prescribe the duties and compensation of all county, township and district officers.

§ 7. All county, township and district officers shall be electors in the county, township or district in which they are elected, provided that nothing in this section shall prevent the holding of school offices by any person, as provided in Section 9, Article VII.

Article X: MUNICIPAL CORPORATIONS

§ 1. The legislature shall provide by general laws for the organization and classification of municipal corporations. The number of such classes shall not exceed four, and the powers of each class shall be defined by general laws, so that no such corporations shall have any powers, or be subject to any restrictions other than those of all corporations of the same class. The legislature shall restrict the power of such corporations to levy taxes and assessments, borrow money and contract debts, so as to prevent the abuse of such power.

§ 2. Except as otherwise provided in this constitution, no tax or assessment shall be levied or collected, or debts contracted by municipal corporations, except in pursuance of law, for public purposes specified by law; nor shall money raised by taxation, loan or assessment for one purpose ever be diverted to any other.

§ 3. No street passenger railway or telegraph or telephone lines shall be constructed within the limits of any village, town or city without the consent of its local authorities.

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Article XI: REVENUE AND FINANCE

§ 1. The legislature shall provide for an annual tax sufficient to defray the estimated ordinary expenses of the state, for each year, not to exceed in any one year two mills on each dollar of the assessed valuation of all taxable property in the state, to be ascertained by the last assessment made for state and county purposes.

And whenever it shall appear that such ordinary expenses shall exceed the income of the state for such year, the legislature shall provide for levying a tax for the ensuing year, sufficient with other sources of income, to pay the deficiency of the preceding year, together with the estimated expenses of such ensuing year. And for the purpose of paying the public debt, the legislature shall provide for levying a tax annually, sufficient to pay the annual interest and the principal of such debt within ten years from the final passage of the law creating the debt, provided that the annual tax for the payment of the interest and principal of the public debt shall not exceed in any one year two mills on each dollar of the assessed valuation of all taxable property in the state as ascertained by the last assessment made for the state and county purposes.

§ 2. All taxes to be raised in this state shall be uniform on all real and personal property, according to its value in money, to be ascertained by such rules of appraisement and assessment as may be prescribed by the legislature by general law, so that every person and corporation shall pay a tax in proportion to the value of his, her or its property. And the legislature shall provide by general law for the assessing and levying of taxes on all corporation property as near as may be by the same methods as are provided for assessing and levying of taxes on individual property.

§ 3. The power to tax corporations and corporate property shall not be surrendered or suspended by any contract or grant to which the state shall be a party.

§ 4. The legislature shall provide for taxing all moneys, credits, investments in bonds, stocks, joint stock companies, or otherwise; and also for taxing the notes and bills discounted or purchased, moneys loaned and all other property, effects or dues of every description, of all banks and of all bankers, so that all property employed in banking shall always be subject to a taxation equal to that imposed on the property of individuals.

§ 5. The property of the United States and of the state, county, and municpal corporations, both real and personal, shall be exempt from taxation.

§ 6. The legislature shall, by general law, exempt from taxation, property used exclusively for agricultural and horticultural societies, for school, religious, cemetery and charitable purposes, and personal property to any amount not exceeding in value two hundred dollars, for each individual liable to taxation.

§ 7. All laws exempting property from taxation, other than that enumerated in Sections 5 and 6 of this article, shall be void.

§ 8. No tax shall be levied except in pursuance of a law, which shall distinctly state the object of the same, to which the tax only shall be applied.

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§ 9. All taxes levied and collected for state purposes shall be paid into the state treasury. No indebtedness shall be incurred or money expended by the state, and no warrant shall be drawn upon the state treasurer except in pursuance of an appropriation for the specific purpose first made. The legislature shall provide by suitable enactment for carrying this section into effect.

§ 10. The legislature may vest the corporate authority of cities, towns and villages with power to make local improvements by special taxation of contiguous property or otherwise. For all corporate purposes, all municipal corporations may be vested with authority to assess and collect taxes; but such tax shall be uniform in respect to persons and property within the jurisdiction of the body levying the same.

§ 11. The making of profit, directly or indirectly, out of state, county, city, town or school district money, or using the same for any purpose not authorized by law, shall be deemed a felony and shall be punished as provided by law.

§ 12. An accurate statement of the receipts and expenditures of the public moneys shall be published annually in such manner as the legislature may provide.

Article XII: PUBLIC ACCOUNTS AND EXPENDITURES

§ 1. No money shall be paid out of the treasury except upon appropriation by law and on warrant drawn by the proper officer.

§ 2. The general appropriation bill shall embrace nothing but appropriations for ordinary expenses of the executive, legislative and judicial departments of the state, the current expenses of state institutions, interest on the public debt, and for common schools. All other appropriations shall be made by separate bills, each embracing but one object, and shall require a two-thirds vote of all the members of each branch of the legislature.

§ 3. The legislature shall never grant any extra compensation to any public officer, employe, agent or contractor after the services shall have been rendered or the contract entered into, nor authorize the payment of any claims or part thereof created against the state, under any agreement or contract made without express authority of law, and all such unauthorized agreements or contracts shall be null and void; nor shall the compensation of any public officer be increased or diminished during his term of office; Provided, however, that the legislature may make appropriations for expenditures incurred in suppressing or repelling invasion.

§ 4. An itemized statement of all receipts and expenditures of the public moneys shall be published annually in such manner as the legislature shall provide, and such statements shall be submitted to the legislature at the beginning of each regular session by the governor with his message.

Article XIII: PUBLIC INDEBTEDNESS

§ 1. Neither the state nor any county, township or municipality shall loan or give its credit or make donations to or in aid of any individual, association or corporation except for the necessary support Edition: current; Page: [3380] of the poor, nor subscribe to or become the owner of the capital stock of any association or corporation, nor pay or become responsible for the debt or liability of any individual, association or corporation; Provided, that the state may assume or pay such debt or liability when incurred in time of war for the defense of the state. Nor shall the state engage in any work of internal improvement.

§ 2. For the purpose of defraying extraordinary expenses and making public improvements, or to meet casual deficits or failure in revenue, the state may contract debts never to exceed, with previous debts, in the aggregate $100,000, and no greater indebtedness shall be incurred except for the purpose of repelling invasion, suppressing insurrection, or defending the state or the United States in war, and provision shall be made by law for the payment of the interest annually, and the principal when due, by tax levied for the purpose, or from other sources of revenue; which law providing for the payment of such interest and principal by such tax or otherwise shall be irrepealable until such debt is paid; Provided, however, the State of South Dakota shall have the power to refund the territorial debt assumed by the State of South Dakota, by bonds of the State of South Dakota.

§ 3. That the indebtedness of the State of South Dakota, limited by Sec. 2 of this article shall be in addition to the debt of the Territory of Dakota assumed by and agreed to be paid by South Dakota.

§ 4.* The debt of any county, city, town, school district or other subdivision, shall never exceed five per centum upon the assessed value of the taxable property therein.

In estimating the amount of indebtedness which a municipality or subdivision may incur, the amount of indebtedness contracted prior to the adoption of this constitution shall be included.

§ 5. Any city, county, town, school district or any other subdivision incurring indebtedness shall, at or before the time of so doing, provide for the collection of an annual tax sufficient to pay the interest and also the principal thereof when due, and all laws or ordinances providing for the payment of the interest or principal of any debt shall be irrepealable until such debt be paid.

§ 6. In order that the payment of the debts and liabilities contracted or incurred by and in behalf of the Territory of Dakota may be justly and equitably provided for and made, and in pursuance of the requirements of an act of congress approved Feb. 22, 1889, entitled, “An Act to provide for the division of Dakota into two states and to enable the people of North Dakota, South Dakota, Montana and Washington to form constitutions and state governments and to be admitted into the Union on an equal footing with the original states, and to make donations of public lands to such states,” the states of North Dakota and South Dakota, by proceedings of a joint commission, duly appointed under said act, the sessions whereof were held in Bismarck in said State of North Dakota, from July 16, 1889, to July 31, 1889, inclusive, have agreed to the following adjustment of the amounts of the debts and liabilities of the Territory of Dakota which shall be assumed and paid by each of the States of North Dakota and South Dakota respectively, towit:

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1. This agreement shall take effect and be in force from and after the admission into the Union, as one of the United States of America, of either the State of North Dakota or the State of South Dakota.

2. The words “State of North Dakota” wherever used in this agreement, shall be taken to mean the Territory of North Dakota, in case the State of South Dakota shall be admitted into the Union prior to the admission into the Union of the State of North Dakota; and the words “State of South Dakota” wherever used in this agreement, shall be taken to mean the Territory of South Dakota in case the State of North Dakota shall be admitted into the Union prior to the admission into the Union of the State of South Dakota.

3. The said State of North Dakota shall assume and pay all bonds issued by the Territory of Dakota to provide funds for the purchase, construction, repairs or maintenance of such public institutions, grounds or buildings as are located within the boundaries of North Dakota, and shall pay all warrants issued under and by virtue of that certain act of the legislative assembly of the Territory of Dakota, approved March 3, 1889, entitled, “An Act to provide for the refunding of outstanding warrants drawn on the capitol building fund.”

4. The said State of South Dakota shall assume and pay all bonds issued by the Territory of Dakota to provide funds for the purchase, construction, repairs or maintenance of such public institutions, grounds or buildings as are located within the boundaries of South Dakota.

5. That is to say: The State of North Dakota shall assume and pay the following bonds and indebtedness, to-wit: Bonds issued on account of the hospital for insane at Jamestown, North Dakota, the face aggregate of which is two hundred and sixty-six thousand dollars; also, bonds issued on account of the North Dakota University at Grand Forks, North Dakota, the face aggregate of which is ninety-six thousand seven hundred dollars; also, bonds issued on account of the penitentiary at Bismarck, North Dakota, the face aggregate of which is ninety-three thousand six hundred dollars; also, refunding capitol building warrants dated April 1, 1889, eighty-three thousand five hundred and seven dollars and forty-six cents.

And the State of South Dakota shall assume and pay the following bonds and indebtedness, towit: Bonds issued on account of the Hospital for the Insane at Yankton, South Dakota, the face aggregate of which is two hundred and ten thousand dollars; also, bonds issued on account of the school for deaf mutes at Sioux Falls, South Dakota, the face aggregate of which is fifty-one thousand dollars; also, bonds issued on account of the university at Vermillion, South Dakota, the face aggregate of which is seventy-five thousand dollars; also, bonds issued on account of the penitentiary at Sioux Falls, South Dakota, the face aggregate of which is ninety-four thousand three hundred dollars; also, bonds issued on account of agricultural college at Brookings, South Dakota, the face aggregate of which is ninety-seven thousand five hundred dollars, also, bonds issued on account of the normal school at Madison, South Dakota, the face aggregate of which is forty-nine thousand four hundred dollars; also, bonds issued on account of [the] school of mines at Rapid City, South Dakota, the face aggregate of which is thirty-three thousand dollars; also, bonds issued on account of the reform school at Plankinton, South Dakota, Edition: current; Page: [3382] the face aggregate of which is thirty thousand dollars; also, bonds issued on account of the normal school at Spearfish, South Dakota, the face aggregate of which is twenty-five thousand dollars; also, bonds issued on account of the soldier’s home at Hot Springs, South Dakota, the face aggregate of which is forty-five thousand dollars.

6. The states of North Dakota and South Dakota shall pay one-half each of all liabilities now existing or hereafter and prior to the taking effect of this agreement incurred, except those heretofore and hereafter incurred on account of public institutions, grounds or buildings, except as otherwise herein specifically provided.

7. The State of South Dakota shall pay to the State of North Dakota forty-six thousand five hundred dollars on account of the excess of territorial appropriations for the permanent improvement of territorial institutions which under this agreement will go to South Dakota, and in full of the undivided one-half interest of North Dakota in the territorial library, and in full settlement of unbalanced accounts, and of all claims against the territory of whatever nature, legal or equitable, arising out of the alleged erroneous or unlawful taxation of the Northern Pacific railroad lands, and the payment of said amount shall discharge and exempt the State of South Dakota from all liability for or on account of the several matters hereinbefore referred to; nor shall either state be called upon to pay or answer to any portion of liability hereafter arising or accruing on account of transactions heretofore had, which liability would be a liability of the territory of Dakota had such territory remained in existence, and which liability shall grow out of matters connected with any public institution, grounds or buildings of the territory situated or located within the boundaries of the other state.

8. A final adjustment of accounts shall be made upon the following basis: North Dakota shall be charged with all sums paid on account of the public institutions, grounds or buildings located within its boundaries on account of the current appropriations since March 8, 1889; and South Dakota shall be charged with all sums paid on account of public institutions, grounds or buildings located within its boundaries on the same account and during the same time. Each state shall be charged with one-half of all other expenses of the territorial government during the same time. All moneys paid into the treasury during the period from March 8, 1889, to the time of taking effect of this agreement by any county, municipality or person within the limits of the proposed State of North Dakota, shall be credited to the State of North Dakota; and all sums paid into said treasury within the same time by any county, municipality or person within the limits of the proposed State of South Dakota shall be credited to the State of South Dakota; except that any and all taxes on gross earnings paid into said treasury by railroad corporations since the eighth day of March, 1889, based upon earnings of years prior to 1888, under and by virtue of the act of the legislative assembly of the Territory of Dakota, approved March 7, 1889, and entitled “An Act providing for the levy and collection of taxes upon property of railroad companies in this territory,” being Chapter 107 of the Session Laws of 1889, (that is, the part of such sum going to the territory) shall be equally divided between the States of North Dakota and South Dakota, and all taxes heretofore or hereafter paid into the said treasury under and by virtue of the act last mentioned, based on the gross Edition: current; Page: [3383] earnings of the year 1888, shall be distributed as already provided by law, except that so much thereof as goes to the territorial treasury shall be divided as follows: North Dakota shall have so [much] thereof as shall be or has been paid by railroads within the limits of the proposed State of North Dakota and South Dakota so much thereof as shall be or has been paid by railroads within the limits of the proposed State of South Dakota. Each state shall be credited also with all balances of appropriations made by the seventeenth legislative assembly of the Territory of Dakota for the account of public institutions, grounds or buildings situated within its limits, remaining unexpended on March 8, 1889. If there be any indebtedness except the indebtedness represented by the bonds and refunding warrants hereinbefore mentioned, each state shall at the time of such final adjustments of accounts, assume its share of said indebtedness as determined by the amount paid on account of the public institutions, grounds or buildings of such state in excess of the receipts from counties, municipalities, railroad corporations or persons within the limits of said state as provided in this article; and if there should be a surplus at the time of such final adjustment, each state shall be entitled to the amounts received from counties, municipalities, railroad corporations or persons within its limits over and above the amount charged to it.

§ 7. And the State of South Dakota hereby obligates itself to pay such part of the debts and liabilities of the Territory of Dakota as is declared by the foregoing agreement to be its proportion thereof, the same as if such proportion had been originally created by said State of South Dakota as its own debt or liability.

§ 8. The territorial treasurer is hereby authorized and empowered to issue refunding bonds to the amount of $107,000, bearing interest not to exceed the rate of four per cent per annum, for the purpose of refunding the following described indebtedness of the Territory of Dakota, towit:

Seventy-seven thousand five hundred dollars 5 per cent bonds, dated May 1, 1883, issued for the construction of the west wing of the insane hospital at Yankton, and $30,000 6 per cent bonds, dated May 1, 1883, issued for permanent improvements [of the] Dakota penitentiary at Sioux Falls, such refunding bonds, if issued, to run for not more than twenty years, and shall be executed by the governor and treasurer of the territory, and shall be attested by the secretary under the great seal of the territory.

In case such bonds are issued by the territorial treasurer as hereinbefore set forth, before the first day of October, 1889, then upon the admission of South Dakota as a state it shall assume and pay said bonds in lieu of the aforesaid territorial indebtedness.

Article XIV: STATE INSTITUTIONS

§ 1. The charitable and penal institutions of the State of South Dakota shall consist of a penitentiary, insane hospital, a school for the deaf and dumb, a school for the blind and a reform school.

§ 2. The state institutions provided for in the preceding section shall be under the control of a state board of charities and corrections, Edition: current; Page: [3384] under such rules and restrictions as the legislature shall provide; such board to consist of not to exceed five members, to be appointed by the governor and confirmed by the senate, and whose compensation shall be fixed by law.

*§ 3. The state university, the agricultural college, the normal schools and all other educational institutions that may be sustained either wholly or in part by the state shall be under the control of a board of nine members, appointed by the governor and confirmed by the senate, to be designated the regents of education. They shall hold their office for six years, three retiring every second year.

The regents in connection with the faculty of each institution shall fix the course of study in the same.

The compensation of the regents shall be fixed by the legislature.

§ 4. The regents shall appoint a board of five members for each institution under their control, to be designated the board of trustees. They shall hold office for five years, one member retiring annually. The trustees of each institution shall appoint the faculty of the same, and shall provide for the current management of the institution, but all appointments and removals must have the approval of the regents to be valid. The trustees of the several institutions shall receive no compensation for their services, but they shall be reimbursed for all expenses incurred in the discharge of their duties, upon presenting an itemized account of the same to the proper officer. Each board or trustees at its first meeting shall decide by lot the order in which its members shall retire from office.

§ 5. The legislature shall provide that the science of mining and metallurgy be taught in at least one institution of learning under the patronage of the state.

Article XV: MILITIA

§ 1. The militia of the State of South Dakota shall consist of all able-bodied male persons residing in the state, between the ages of eighteen and forty-five years, except such persons as now are, or hereafter may be, exempted by the laws of the United States or of this state.

§ 2. The legislature shall provide by law for the enrollment, uniforming, equipment and discipline of the militia, and the establishment of volunteer and such other organizations or both, as may be deemed necessary for the protection of the state, the preservation of order and the efficiency and good of the service.

§ 3. The legislature in providing for the organization of the militia shall conform, as nearly as practicable, to the regulations for the government of the armies of the United States.

§ 4. All militia officers shall be commissioned by the governor and may hold their commissions for such period of time as the legislature may provide, subject to removal by the governor for cause, to be first ascertained by a court-martial pursuant to law.

§ 5. The militia shall in [all] cases except treason, felony or breach of the peace be privileged from arrest during their attendance at muster and elections and in going to and returning from the same.

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§ 6. All military records, banners and relics of the state, except when in lawful use, shall be preserved in the office of the adjutant general as an enduring memorial of the patriotism and valor of South Dakota; and it shall be the duty of the legislature to provide by law for the safe keeping of the same.

§ 7. No person having conscientious scruples against bearing arms shall be compelled to do military duty in time of peace.

Article XVI: IMPEACHMENT AND REMOVAL FROM OFFICE

§ 1. The house of representatives shall have the sole power of impeachment.

The concurrence of a majority of all members elected shall be necessary to an impeachment.

§ 2. All impeachments shall be tried by the senate. When sitting for that purpose the senator shall be upon oath or affirmation to do justice acording to law and evidence. No person shall be convicted without the concurrence of two-thirds of the members elected. When the governor or lieutenant governor is on trial the presiding judge of the supreme court shall preside.

§ 3. The governor and other state and judicial officers except county judges, justices of the peace and police magistrates shall be liable to impeachment for drunkenness, crimes, corrupt conduct, or malfeasance or misdemeanor in office, but judgment in such cases shall not extend further than to removal from office and disqualification to hold any office of trust or profit under the state. The person accused whether convicted or acquitted, shall nevertheless be liable to indictment, trial, judgment and punishment according to law.

§ 4. All officers not liable to impeachment shall be subject to removal for misconduct or malfeasance or crime or misdemeanor in office or for drunkenness or gross incompetency, in such manner as may be provided by law.

§ 5. No officer shall exercise the duties of his office after he shall have been impeached and before his acquittal.

§ 6. On trial of an impeachment against the governor the lieutenant governor shall not act as a member of the court.

§ 7. No person shall be tried on impeachment before he shall have been served with a copy thereof at least twenty days previous to the day set for trial.

§ 8. No person shall be liable to impeachment twice for the same offense.

Article XVII: CORPORATIONS

§ 1. No corporation shall be created or have its charter extended, changed or amended by special laws except those for charitable, educational, penal or reformatory purposes, which are to be and remain under the patronage and control of the state; but the legislature shall provide by general laws for the organization of all corporations hereafter to be created.

§ 2. All existing charters, or grants of special or exclusive privileges, under which a bona fide organization shall not have taken place Edition: current; Page: [3386] and business been commenced in good faith at the time this constitution takes effect, shall thereafter have no validity.

§ 3. The legislature shall not remit the forfeiture of the charter of any corporation now existing nor alter or amend the same nor pass any other general or special law for the benefit of such corporation, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this constitution.

§ 4. The exercise of the right of eminent domain shall never be abridged or so construed as to prevent the legislature from taking the property and franchises of incorporated companies and subjecting them to public use, the same as the property of individuals, and the exercise of the police power of the state shall never be abridged or so construed as to permit corporations to conduct their business in such manner as to infringe the equal rights of individuals or the general well being of the state.

§ 5. In all elections for directors or managers of a corporation each member or shareholder may cast the whole number of his votes for one candidate, or distribute them upon two or more candidates as he may prefer.

§ 6. No foreign corporation shall do any business in this state without having one or more known places of business and an authorized agent or agents in the same upon whom process may be served.

§ 7. No corporation shall engage in any business other than that expressly authorized in its charter, nor shall it take or hold any real estate except such as may be necessary and proper for its legitimate business.

§ 8. No corporation shall issue stocks or bonds except for money, labor done, or money or property actually received; and all fictitious increase of stock or indebtedness shall be void. The stock and indebtedness of corporations shall not be increased except in pursuance of general law nor without the consent of the persons holding the larger amount in value of the stock first obtained, at a meeting to be held after sixty days’ notice given in pursuance of law.

§ 9. The legislature shall have the power to alter, revise or annul any charter of any corporation now existing and revokable at the taking effect of this constitution, or any that may be created, whenever in their opinion it may be injurious to the citizens of this state, in such a manner, however, that no injustice shall be done to the incorporators. No law hereafter enacted shall create, renew or extend the charter of more than one corporation.

§ 10. No law shall be passed by the legislature granting the right to construct and operate a street railroad within any city, town or incorporated village without requiring the consent of the local authorities having the control of the street or highway proposed to be occupied by said such street railroad.

§ 11. Any association or corporation organized for the purpose, or any individual, shall have the right to construct and maintain lines of telegraph in this state, and to connect the same with other lines; and the legislature shall by general law of uniform operation provide reasonable regulations to give full effect to this section. No telegraph company shall consolidate with or hold a controlling interest in the stock or bonds of any other telegraph company owning a competing line or acquire by purchase or otherwise any other competing line of telegraph.

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§ 12. Every railroad corporation organized or doing business in this state under the laws or authority thereof shall have and maintain a public office or place in this state for the transaction of its business, where transfers of its stocks shall be made and in which shall be kept for public inspection books in which shall be recorded the amount of capital stock subscribed, and by whom; the names of the owners of its stock, and the amount owned by them respectively; the amount of stock paid in, and by whom; the transfers of said stock; the amount of its assets and liabilities, and the names and place of residence of its officers. The directors of every railroad corporation shall annually make a report, under oath, to the auditor of public accounts or some officer or officers to be designated by law, of all their acts and doings, which report shall include such matters relating to railroads as may be prescribed by law, and the legislature shall pass laws enforcing by suitable penalties the provisions of this section.

§ 13. The rolling stock and all other movable property belonging to any railroad company or corporation in this state shall be considered personal property, and shall be liable to execution and sale in the same manner as the personal property of individuals, and the legislature shall pass no laws exempting such property from execution and sale.

§ 14. No railroad corporation shall consolidate its stock, property or franchises with any other railroad corporation owning a parallel or competing line; and in no case shall any consolidation take place except upon public notice given out, at least sixty days to all stockholders in such manner as may be provided by law. Any attempt to evade the provisions of this section, by any railroad corporation, by lease or otherwise, shall work a forfeiture of its charter.

§ 15. Railways heretofore constructed or that may hereafter be constructed, in this state, are hereby declared public highways, and all railroads and transportation companies are declared to be common carriers and subject to legislative control; and the legislature shall have power to enact laws regulating and controlling the rates of charges for the transportation of passengers and freight as such common carrier from one point to another in this state.

§ 16. Any association or corporation organized for the purpose shall have the right to construct and operate a railroad between any points within this state, and to connect at the state line with railroads of other states. Every railroad company shall have the right with its road to intersect, connect with, or cross any other railroad, and shall receive and transport each the other’s passengers, tonnage and cars, loaded or empty, without delay or discrimination.

§ 17. The legislature shall pass laws to correct abuses and prevent discrimination and extortion in the rates of freight and passenger tariffs on the different railroads in this state, and enforce such laws by adequate penalties, to the extent, if necessary for that purpose, of forfeiture of their property and franchises.

§ 18. Municipal and other corporations and individuals invested with the privilege of taking private property for public use shall make just compensation for property taken, injured or destroyed, by the construction or enlargement of their works, highways or improvements, which compensation shall be paid or secured before such taking, injury or destruction. The legislature is hereby prohibited Edition: current; Page: [3388] from depriving any person of an appeal from any preliminary assessment of damages against any such corporation or individuals made by viewers or otherwise, and the amount of such damages in all cases of appeal shall, on the demand of either party, be determined by a jury as in other civil cases.

§ 19. The term “corporations” as used in this article shall be construed to include all joint stock companies or associations having any of the powers or privileges of corporations not possessed by individuals or partnerships.*

Article XVIII: BANKING AND CURRENCY

§ 1. If a general banking law shall be enacted it shall provide for the registry and countersigning by an officer of this State of all bills or paper credit designed to circulate as money, and require security to the full amount thereof, to be deposited with the state treasurer, in the approved securities of the state or of the United States, to be rated at ten per centum below their par value, and in case of their depreciation the deficiency shall be made good by depositing additional securities.

§ 2. Every bank, banking company or corporation shall be required to cease all banking operation within twenty years from the time of its organization, and promptly thereafter close its business, but shall have corporate capacity to sue or be sued until its business is fully closed, but the legislature may provide by general law for the reorganization of such banks.

§ 3. The shareholders or stockholders of any banking corporation shall be held individually responsible and liable for all contracts, debts and engagements of such corporation to the extent of the amount of their stock therein, at the par value thereof, in addition to the amount invested in such shares or stock; and such individual liabilities shall continue for one year after any transfer or sale of stock by any stockholder or stockholders.

Article XIX: CONGRESSIONAL AND LEGISLATIVE APPORTIONMENT

§ 1. Until otherwise provided by law, the members of the house of representatives of the United States, apportioned to this state, shall be elected by the state at large.

§ 2. Until otherwise provided by law, the senatorial and representative districts shall be formed, and the senators and representatives shall be apportioned, as follows:

  • SENATORIAL DISTRICTS

  • District No. 1 shall consist of the county of Union and be entitled to one senator.
  • District No. 2 shall consist of the county of Clay, and be entitled to one senator. Edition: current; Page: [3389]
  • District No. 3 shall consist of the county of Yankton, and be entitled to one senator.
  • District No. 4 shall consist of the county of Bon Homme, and be entitled to one senator.
  • District No. 5 shall consist of the county of Lincoln, and be entitled to one senator.
  • District No. 6 shall consist of the county of Turner, and be entitled to one senator.
  • District No. 7 shall consist of the county of Hutchinson, and be entitled to one senator.
  • District No. 8 shall consist of the counties of Charles Mix and Douglas, and be entitled to one senator.
  • District No. 9 shall consist of the county of Minnehaha, and be entitled to two senators.
  • District No. 10 shall consist of the county of McCook, and be entitled to one senator.
  • District No. 11 shall consist of the county of Hanson, and be entitled to one senator.
  • District No. 12 shall consist of the county of Davison, and be entitled to one senator.
  • District No. 13 shall consist of the county of Aurora, and be entitled to one senator.
  • District No. 14 shall consist of the county of Brule, and be entitled to one senator.
  • District No. 15 shall consist of the county of Moody, and be entitled to one senator.
  • District No. 16 shall consist of the county of Lake, and be entitled to one senator.
  • District No. 17 shall consist of the county of Miner, and be entitled to one senator.
  • District No. 18 shall consist of the county of Sanborn, and be entitled to one senator.
  • District No. 19 shall consist of the counties of Jerauld and Buffalo, and be entitled to one senator.
  • District No. 20 shall consist of the county of Brookings, and be entitled to one senator.
  • District No. 21 shall consist of the county of Kingsbury, and be entitled to one senator.
  • District No. 22 shall consist of the county of Beadle, and be entitled to one senator.
  • District No. 23 shall consist of the county of Hand, and be entitled to one senator.
  • District No. 24 shall consist of the counties of Hughes and Stanley, and be entitled to one senator.
  • District No. 25 shall consist of the counties of Sully and Hyde, and be entitled to one senator.
  • District No. 26 shall consist of the county of Deuel, and be entitled to one senator.
  • District No. 27 shall consist of the county of Hamlin, and be entitled to one senator.
  • District No. 28 shall consist of the county of Codington, and be entitled to one senator.
  • District No. 29 shall consist of the county of Clark, and be entitled to one senator. Edition: current; Page: [3390]
  • District No. 30 shall consist of the county of Spink, and be entitled to one senator.
  • District No. 31 shall consist of the county of Grant, and be entitled to one senator.
  • District No. 32 shall consist of the county of Day, and be entitled to one senator.
  • District No. 33 shall consist of the county of Brown, and be entitled to two senators.
  • District No. 34 shall consist of the counties of Marshall and Roberts, and be entitled to one senator.
  • District No. 35 shall consist of the counties of Faulk and Potter, and be entitled to one senator.
  • District No. 36 shall consist of the counties of Edmunds and Walworth, and be entitled to one senator.
  • District No. 37 shall consist of the counties of McPherson and Campbell, and be entitled to one senator.
  • District No. 38 shall consist of the county of Lawrence, and be entitled to one senator.
  • District No. 39 shall consist of the county of Pennington, and be entitled to one senator.
  • District No. 40 shall consist of the counties of Meade and Butte, and be entitled to one senator.
  • District No. 41 shall consist of the counties of Custer and Fall River, and be entitled to one Senator.
  • REPRESENTATIVE DISTRICTS

  • District No. 1 shall consist of the county of Union, and be entitled to two representatives.
  • District No. 2 shall consist of the county of Clay, and be entitled to two representatives.
  • District No. 3 shall consist of the county of Yankton, and be entitled to three representatives.
  • District No. 4 shall consist of the county of Lincoln and be entitled to two representatives.
  • District No. 5 shall consist of the county of Turner, and be entitled to three representatives.
  • District No. 6 shall consist of the county of Hutchinson, and be entitled to three representatives.
  • District No. 7 shall consist of the county of Bon Homme, and be entitled to two representatives.
  • District No. 8 shall consist of the county of Douglas, and be entitled to one representative.
  • District No. 9 shall consist of the county of Charles Mix, and be entitled to one representative.
  • District No. 10 shall consist of the county of Minnehaha, and be entitled to five representatives.
  • District No. 11 shall consist of the county of McCook, and be entitled to two representatives.
  • District No. 12 shall consist of the county of Hanson, and be entitled to one representative.
  • District No. 13 shall consist of the county of Davison, and be entitled to one representative. Edition: current; Page: [3391]
  • District No. 14 shall consist of the county of Sanborn, and be entitled to one representative.
  • District No. 15 shall consist of the county of Aurora, and be entitled to one representative.
  • District No. 16 shall consist of the counties of Jerauld and Buffalo, and be entitled to one representative.
  • District No. 17 shall consist of the county of Lake, and be entitled to three representatives.
  • District No. 18 shall consist of the county of Miner, and be entitled to two representatives.
  • District No. 19 shall consist of the county of Sanborn, and be entitled to two representatives.
  • District No. 20 shall consist of the county of Jerauld, and be entitled to one representative.
  • District No. 21 shall consist of the county of Buffalo, and be entitled to one representative.
  • District No. 22 shall consist of the county of Brookings, and be entitled to three representatives.
  • District No. 23 shall consist of the county of Kingsbury, and be entitled to three representatives.
  • District No. 24 shall consist of the county of Beadle, and be entitled to five representatives.
  • District No. 25 shall consist of the county of Hand, and be entitled to three representatives.
  • District No. 26 shall consist of the county of Hyde, and be entitled to one representative.
  • District No. 27 shall consist of the county of Hughes, and be entitled to one representative.
  • District No. 28 shall consist of the county of Sully, and be entitled to one representative.
  • District No. 29 shall consist of the county of Deuel, and be entitled to two representatives.
  • District No. 30 shall consist of the county of Hamlin, and be entitled to two representatives.
  • District No. 31 shall consist of the county of Codington, and be entitled to three representatives.
  • District No. 32 shall consist of the county of Clark, and be entitled to three representatives.
  • District No. 33 shall consist of the county of Spink, and be entitled to five representatives.
  • District No. 34 shall consist of the county of Faulk, and be entitled to two representatives.
  • District No. 35 shall consist of the county of Potter, and be entitled to one representative.
  • District No. 36 shall consist of the county of Grant, and be entitled to two representatives.
  • District No. 37 shall consist of the county of Roberts, and be entitled to one representative.
  • District No. 38 shall consist of the county of Day, and be entitled to three representatives.
  • District No. 39 shall consist of the county of Marshall and be entitled to two representatives.
  • District No. 40 shall consist of the county of Brown, and be entitled to eight representatives. Edition: current; Page: [3392]
  • District No. 41 shall consist of the county of Potter, and be entitled to one representative.
  • District No. 42 shall consist of the county of Faulk, and be entitled to one representative.
  • District No. 43 shall consist of the county of Custer, and be entitled to one representative.
  • District No. 44 shall consist of the county of Fall River, and be entitled to one representative.
  • District No. 45 shall consist of the county of Pennington, and be entitled to two representatives.
  • District No. 46 shall consist of the county of Meade, and be entitled to one representative.
  • District No. 47 shall consist of the county of Butte, and be entitled to one representative.
  • District No. 48 shall consist of the county of Lawrence, and be entitled to three representatives.

Article XX: SEAT OF GOVERNMENT

§ 1. The question of the location of the temporary seat of government shall be submitted to a vote of the electors of the proposed State of South Dakota, in the same manner and at the same election at which this constitution shall be submitted, and the place receiving the highest number of votes shall be the temporary seat of government until a permanent seat of government shall be established as hereinafter provided.

§ 2. The legislature, at its first session after the admission of this state, shall provide for the submission of the question of a place for a permanent seat of government to the qualified voters of the state at the next general election thereafter, and that place which receives a majority of all the votes cast upon that question shall be the permanent seat of government.

§ 3. Should no place voted for at said election have a majority of all votes cast upon this question, the governor shall issue his proclamation for an election to be held in the same manner at the next general election to choose between the two places having received the highest number of votes cast at the first election on this question. This election shall be conducted in the same manner as the first election for the permanent seat of government, and the place receiving a majority of all the votes cast upon this question shall be the permanent seat of government.

Article XXI: MISCELLANEOUS

§ 1. Seal and coat of arms.] The design of the great seal of South Dakota shall be as follows: A circle within which shall appear in the left foreground a smelting furnace and other features of mining work. In the left background a range of hills. In the right foreground a farmer at his plow. In the right background a herd of cattle and a field of corn. Between the two parts thus described shall appear a river bearing a steamboat. Properly divided between the upper and lower edges of the circle shall appear the legend Edition: current; Page: [3393] “Under God the People Rule,” which shall be the motto of the State of South Dakota. Exterior to this circle and within a circumscribed circle shall appear, in the upper part, the words “State of South Dakota.” In the lower part the words “Great Seal,” and the date in Arabic numerals of the year in which the state shall be admitted to the Union.

COMPENSATION OF PUBLIC OFFICERS

§ 2. The governor shall receive an annual salary of two thousand five hundred dollars; the judges of the supreme court shall each receive an annual salary of two thousand five hundred dollars; the judges of the circuit courts shall each receive an annual salary of two thousand dollars; Provided, that the legislature may, after the year one thousand eight hundred and ninety, increase the annual salary of the governor and each of the judges of the supreme court to three thousand dollars, and the annual salary of each of the circuit court judges to two thousand five hundred dollars.

The secretary of state, state treasurer and state auditor shall each receive an annual salary of one thousand eight hundred dollars; the commissioner of school and public lands shall receive an annual salary of one thousand eight hundred dollars; the superintendent of public instruction shall receive an annual salary of one thousand eight hundred dollars; the attorney general shall receive an annual salary of one thousand dollars; the compensation of the lieutenant governor shall be double the compensation of a state senator.

They shall receive no fees or perquisites whatever for the performance of any duties connected with their offices. It shall not be competent for the legislature to increase the salaries of the officers named in this article except as herein provided.

§ 3. Oath of office. Every person elected or appointed to any office in this state, except such inferior offices as may be by law exempted, shall, before entering upon the duties thereof, take an oath or affirmation to support the constitution of the United States and of this state, and faithfully to discharge the duties of his office.

§ 4. Exemptions.] The right of the debtor to enjoy the comforts and necessaries of life shall be recognized by wholesome laws; exempting from forced sale a homestead, the value of which shall be limited and defined by law, to all heads of families, and a reasonable amount of personal property, the kind and value of which to be fixed by general law.

§ 5. Rights of married women.] The real and personal property of any women in this state acquired before marriage, and all property to which she may after marriage become in any manner rightfully entitled, shall be her separate property, and shall not be liable for the debts of her husband.

Article XXII: COMPACT WITH THE UNITED STATES

The following articles shall be irrevocable without the consent of the United States and the people of the State of South Dakota expressed by their legislative assembly:

FirstThat perfect toleration of religious sentiment shall be secured, and that no inhabitant of this state shall ever be molested in Edition: current; Page: [3394] person or property on account of his or her mode of religious worship.

SecondThat we, the people inhabiting the State of South Dakota, do agree and declare that we forever disclaim all right and title to the unappropriated public lands lying within the boundary of South Dakota, and to all lands lying within said limits owned or held by any Indian or Indian tribes; and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States; and said Indian lands shall remain under the absolute jurisdiction and control of the Congress of the United States; that the lands belonging to citizens of the United States residing without the said state shall never be taxed at a higher rate than the lands belonging to residents of this state; that no taxes shall be imposed by the State of South Dakota on lands or property therein belonging to or which may hereafter be purchased by the United States, or reserved for its use. But nothing herein shall preclude the State of South Dakota from taxing as other lands are taxed any lands owned or held by any Indian who has severed his tribal relation and has obtained from the United States, or from any person, a title thereto by patent or other grant, save and except such lands as have been or may be granted to any Indian or Indians under any act of Congress containing a provision exempting the lands thus granted from taxation. All such lands which may have been exempted by any grant or law of the United States shall remain exempt to the extent and as prescribed by such act of Congress.

ThirdThat the State of South Dakota shall assume and pay that portion of the debts and liabilities of the Territory of Dakota as provided by this constitution.

FourthThat provision shall be made for the establishment and maintenance of systems of public schools, which shall be opened to all the children of this state, and free from sectarian control.

Article XXIII: AMENDMENTS AND REVISIONS OF THE CONSTITUTION

§ 1. Any amendment or amendments to this constitution may be proposed in either house of the legislature, and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays taken thereon, and it shall be the duty of the legislature to submit such proposed amendment or amendments to the vote of the people at the next general election. And if the people shall approve and ratify such amendment or amendments by a majority of the electors voting thereon, such amendment or amendments shall become a part of this constitution; Provided, that the amendment or amendments so proposed shall be published for a period of twelve weeks previous to the date of said election, in such manner as the legislature may provide; and Provided further, that if more than one amendment be submitted, they shall be submitted in such manner that the people may vote for or against such amendment separately.

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§ 2. Whenever two-thirds of the members elected to each branch of the legislature shall think it necessary to call a convention to revise this constitution they shall recommend to the electors to vote at the next election for members of the legislature, for or against a convention; and if a majority of all the electors voting at said election shall have voted for a convention, the legislature shall, at their next session, provide by law for calling the same. The convention shall consist of as many members as the house of representatives of the legislature, and shall be chosen in the same manner, and shall meet within three months after their election for the purpose aforesaid.

Article XXIV: PROHIBITION

[To be submitted to a separate vote as provided by the schedule and ordinance.]

No person or corporation shall manufacture, or aid in the manufacture for sale, any intoxicating liquor; no person shall sell or keep for sale, as a beverage any intoxicating liquor. The legislature shall by law prescribe regulations for the enforcement of the provisions of this section and provide suitable and adequate penalties for the violation thereof. [Adopted October 1, 1889, by the following vote: For prohibition, 40,234; against prohibition, 34,510.]

Article XXV: MINORITY REPRESENTATION

[To be submitted to a separate vote as provided by the schedule and ordinance.]

§ 1. The house of representatives shall consist of three times the number of the members of the senate, and the term of office shall be two years. Three representatives shall be elected in each senatorial district at the first general election held after this constitution takes effect, and every two years thereafter.

§ 2. In all elections of representatives aforesaid each qualified voter may cast as many votes for one candidate as there are representatives to be elected, or may distribute the same, or equal parts thereof, among the candidates as he may see fit; and the candidates highest in votes shall be declared elected. [Rejected October 1, 1889, by the following vote: For minority representation, 24,161; against minority representation, 46,200.]

Article XXVI: SCHEDULE AND ORDINANCE

§ 1. That no inconvenience may arise from the change of the territorial government to the permanent state government it is hereby declared that all writs, actions, prosecutions, claims and rights of individuals, and all bodies corporate, shall continue as if no change had taken place in this government; and all process which may be Edition: current; Page: [3396] before the organization of the judicial department under this constitution issued under the authority of the Territory of Dakota, within the boundary of this state, shall be as valid as if issued in the name of the State of South Dakota.

§ 2. That all fines, penalties, forfeitures and escheats accruing to the Territory of Dakota, within the boundary of the State of South Dakota, shall accrue to the use of said state.

§ 3. That all recognizances, bonds, obligations or other undertakings, heretofore taken, or which may be taken before the organization of the judicial department under this constitution shall remain valid, and shall pass over to, and may be prosecuted in the name of the State of South Dakota; and all bonds, obligations or undertakings executed to this territory, within the boundaries of the State of South Dakota, or to any officer in his official capacity, shall pass over to the proper state authority, and to their successors in office, for the uses therein respectively expressed, and may be sued for and recovered accordingly.

All criminal prosecutions and penal actions, which have arisen, or which may arise before the organization of the judicial department under this constitution, and which shall then be pending, may be prosecuted to judgment and executed in the name of the state.

§ 4. All officers, civil and military, now holding their offices and appointments in this territory under the authority of the United States, or under the authority of the Territory of Dakota, shall continue to hold and exercise their respective offices and appointments until superseded under this constitution; Provided, that the provisions of the above sections shall be subject to the provisions of the act of congress providing for the admission of the State of South Dakota, approved by the president of the United States on February 22, 1889.

§ 5. This constitution shall be submitted for adoption or rejection to a vote of the electors qualified by the laws of this territory to vote at all elections, at the election to be held on Tuesday, Oct. 1, 1889.

At the said election the ballots shall be in the following form:

For the constitution: Yes. No.

For prohibition: Yes. No.

For minority representation: Yes. No.

As a heading to each of said ballots shall be printed on each ballot the following instructions to voters:

All persons desiring to vote for the constitution, or for any of the articles submitted to a separate vote, must erase the word “No.”

All persons who desire to vote against the constitution, or against any article submitted separately, must erase the word “Yes.”

Any person may have printed or written on his ballot only the words “For the Constitution,” or “Against the Constitution,” and such ballots shall be counted for, or against the constitution accordingly. The same provision shall apply to articles submitted separately.

In addition to the foregoing election for the constitution and for the article submitted by this convention for a separate vote thereon, an election shall be held at the same time and places, by the said qualified electors, for the following state officers, to be voted for on the same ballot as above provided for votes on the constitution and separate articles, towit:

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A governor, lieutenant governor, secretary of state, auditor, treasurer, attorney general, superintendent of public instruction, commissioner of school and public lands, judges of the supreme, circuit and county courts, representatives in congress, state senators, and representatives in the legislature.

All the elections above provided for shall be held in the same manner and form as provided for the election for the adoption or rejection of the constitution. And the names of all the officers above specified to be voted for at such election shall be written or printed upon the same ballots as the vote for or against the constitution.

The judges of election in counting the ballots voted at such election shall count all the affirmative ballots upon the constitution as votes for the constitution; and they shall count all the negative ballots voted at said election upon the constitution as votes against the constitution; and ballots voted at said election upon which neither of said words “Yes” or “No” following the words “For the Constitution” are erased, shall not be counted upon such proposition. And they shall count all affirmative ballots so voted upon the article on prohibition, separately submitted, as votes for such article, and they shall count all negative ballots so voted upon such article, as votes against such article; and ballots upon which neither the words “Yes” or “No” following the words “For Prohibition” are erased, shall not be counted upon such proposition; and they shall count all the affirmative ballots so voted upon the article on minority representation, separately submitted, as votes for such article. And they shall count all negative ballots so voted upon such article as votes against such article; and ballots upon which neither of said words “Yes” or “No” following the words “For Minority Representation” are erased, shall not be counted upon such proposition.

If it shall appear in accordance with the returns hereinafter provided for, that a majority of the votes polled at such election, for and against the constitution, are for the constitution, then this constitution shall be the constitution of the State of South Dakota. If it shall appear, according to the returns hereinafter provided for, that a majority of all votes cast at said election for and against “Prohibition” are for prohibition, then said Article XXIV shall be and form a part of this constitution, and be in full force and effect as such from date of said election, but if a majority of said votes shall appear, according to said returns to be against prohibition, then Article XXIV shall be null and void and shall not be a part of this constitution. And if it appear, according to the returns hereinafter provided for, that a majority of all votes cast at said election for and against “Minority Representation” are for minority representation, then Article XXV shall be and form a part of said constitution, and be in full force and effect as such from the date of said election; but if a majority of said votes shall appear, according to said returns, to be against minority representation, then said Article XXV shall be null and void and shall not be a part of this constitution.

At such election the person voted for, for any one of the offices to be filled at such election, who shall receive the highest number of votes cast at said election, shall be declared elected to said office.

§ 6. At the same time and places of election there shall be held Edition: current; Page: [3398] by said qualified electors an election for the place of the temporary seat of government.

On each ballot, and on the same ballot on which are the matters voted for or against, as hereinbefore provided, shall be written or printed the words “For Temporary Seat of Government,” (Here insert the name of the city, town or place, to be voted for.)

And upon the canvass and return of the vote, made as hereinafter provided for, the name of the city, town or place, which shall have received the largest number of votes for said temporary seat of government, shall be declared by the governor, chief justice and secretary of the Territory of Dakota, or by any two of them, at the same time that they shall canvass the vote for or against the constitution, together with the whole number of votes cast for each city, town or place, and the officers above named, shall immediately after the result of said election shall have been ascertained, issue a proclamation directing the legislature elected at said election to assemble at said city, town or place so selected, on the day fixed by this schedule and ordinance.

§ 7. The election provided for herein shall be under the provisions of the constitution herewith submitted, and shall be conducted in all respects as elections are conducted under the general laws of the Territory of Dakota, except as herein provided. No mere technicalities or informalities in the manner or form of election, or neglect of any officer to perform his duty with regard thereto, shall be deemed to vitiate or avoid the same, it being the true intent and object of this ordinance to ascertain and give effect to the true will of the people of the State of South Dakota, as expressed by their votes at the polls.

§ 8. Immediately after the election herein provided for, the judges of election at each voting place shall make a true and complete count of all the votes duly cast at such election, and shall certify and return the result of the same, with the names of all the candidates and the number of votes cast for each candidate, and the number of votes cast for and against the constitution, and the number of votes cast for and against prohibition, and the number of votes cast for and against minority representation, and the number of votes cast for each city, town or place for the “temporary seat of government,” to the county clerk, or auditor of the respective counties, together with one of the poll lists and election books used in said election.

§ 9. Within five days after said election the several boards of county canvassers provided by law for the canvassing of the results of the election, shall make and certify to the secretary of the Territory of Dakota the true and correct return of the total number of votes cast for the constitution, and against the constitution, of the number of votes cast for and against “prohibition,” and the number of votes cast for and against minority representation,” and the number of votes cast for each city, town or place as the “temporary seat of government,” and of the number of votes cast for each person voted for at such election, except county officers and members of the legislature, and shall transmit the same to the secretary of the Territory of Dakota, by mail, and shall file with the county clerk or auditor of each of said counties a duplicate and certified copy of said return.

Said board of county canvassers shall issue certificates of election to the persons who shall have received the highest number of votes cast Edition: current; Page: [3399] for the respective offices of judge of the county court and representatives in the legislature, and for state senator or senators.

§ 10. When two or more counties are connected in one senatorial or representative district, it shall be the duty of the clerks and auditors of the respective counties to attend at the office of the county clerk of the senior county in the date of organization within twenty days after the date of election, and they shall compare the votes given in the several counties comprising such senatorial and representative district and such clerks or auditors shall immediately make out a certificate of election to the person having the highest number of votes in such district for state senator or representative or both; which certificate shall be delivered to the person entitled thereto on his application to the clerk of the senior county of such district.

§ 11. The secretary of the territory shall receive all returns of election transmitted to him as above provided, and shall preserve the same, and after they have been canvassed as hereinafter provided, and after the admission of the State of South Dakota into the Union, he shall deliver said returns to the proper state officer of said State of South Dakota.

Within fifteen days after said election the secretary of the territory, with the governor and chief justice thereof, or any two of them, shall canvass such returns and certify the same to the president of the United States, as provided in the enabling act.

They shall also ascertain the total number of votes cast at such election for the constitution and against the constitution; the total number of votes cast for and against prohibition; and the total number of votes cast for and against minority representation; and the total number of votes cast for each city, town, or place as the “temporary seat of government;” and the total number of votes cast for each person voted for, for any office at said election, excepting county judges and members of the legislature, and shall declare the result of said election in conformity with such vote, and the governor of the territory shall thereupon issue a proclamation at once thereof.

They shall also make and transmit to the state legislature, immediately upon its organization, a list of all the state and judicial officers who shall thus be ascertained to be duly elected.

The various county and district canvassing boards shall make and transmit to the secretary of the territory the names of all persons declared by them to be elected members of the senate and house of representatives of the state of South Dakota; he shall make separate lists of the senators and representatives so elected, which lists shall constitute the rolls under which the senate and house of representatives shall be organized.

The governor of the territory shall make and issue certificates of election to the persons who are shown by the canvass to have received the highest number of votes for governor, lieutenant governor, secretary of state, auditor, treasurer, attorney-general, superintendent of public instruction, commissioner of schools and public lands, and judges of the supreme and circuit courts. Such certificates to be attested by the secretary of the territory.

§ 12. The apportionment made in this constitution shall govern the elections above provided for for members of the state legislature, until otherwise provided by law.

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At the first election held under this ordinance for senators and representatives of the legislature, there shall be elected forty-five senators and one hundred and twenty-four representatives in the state legislature respectively.

§ 13. The legislature elected under the provisions of this ordinance and constitution shall assemble at the temporary seat of government on the third Tuesday in October, in the year ad 1889, at 12 o’clock noon, and on the first day of their assemblage the governor and other state officers shall take the oath of office in the presence of the legislature. The oath of office shall be administered to the members of the legislature and to the state officers by the chief justice of the territory, or by any other officer duly authorized by the laws of the territory of Dakota to administer oaths.

§ 14. Immediately after the organization of the legislature and taking the oath of office by the state officers, the legislature shall then and there proceed to the election of two senators of the United States for the State of South Dakota, in the mode and manner provided by the laws of congress for the election of United States senators. And the governor and the secretary of the State of South Dakota shall certify the election of the said senators and two representatives in congress, in the manner required by law.

§ 15. Immediately after the election of the United States senators as above provided for, said legislature shall adjourn to meet at the temporary seat of government on the first Tuesday after the first Monday of January, 1890, at 12 o’clock m.; Provided, however, that if the State of South Dakota has not been admitted by proclamation or otherwise at said date, then said legislature shall convene within ten days after the date of the admission of the state into the Union.

§ 16. Nothing in this constitution or schedule contained shall be construed to authorize the legislature to exercise any powers except such as are necessary to its first organization, and to elect United States senators, and to adjourn as above provided. Nor to authorize an officer of the executive, administrative or judiciary departments to exercise any duties of his office until the State of South Dakota shall have been regularly admitted into the Union, excepting such as may be authorized by the congress of the United States.

§ 17. The ordinances and schedules enacted by this convention shall be held to be valid for all the purposes thereof.

§ 18. That we, the people of the State of South Dakota, do ordain:

FirstThat perfect toleration of religious sentiment shall be secured, and that no inhabitant of this state shall ever be molested in person or property on account of his or her mode of religious worship.

SecondThat we, the people inhabiting the State of South Dakota, do agree and declare that we forever disclaim all right and title to the unappropriated public lands lying within the boundaries of South Dakota; and to all lands lying within said limits owned or held by any Indian or Indian tribes, and that until the title thereto shall have been extinguished by the United States the same shall be and remain subject to the disposition of the United States, and said Indian lands shall remain under the absolute jurisdiction and control of the congress of the United States; that the lands belonging to citizens of the United States residing without the said state shall never be taxed at a higher rate than the lands belonging to residents of this state. Edition: current; Page: [3401] That no taxes shall be imposed by the State of South Dakota on lands or property therein belonging to or which may hereafter be purchased by the United States, or reserved for its use. But nothing herein shall preclude the State of South Dakota from taxing as other lands are taxed, any lands owned or held by any Indian who has severed his tribal relation and has obtained from the United States or from any person a title thereto by patent or other grant, save and except such lands as have been or may be granted to any Indian or Indians under any act of Congress containing a provision exempting the lands thus granted from taxation; all such lands which may have been exempted by any grant or law of the United States shall remain exempt to the extent and as prescribed by such act of Congress.

ThirdThat the State of South Dakota shall assume and pay that portion of the debts and liabilities of the Territory of Dakota as provided in this constitution.

FourthThat provision shall be made for the establishment and maintenance of systems of public schools which shall be opened to all the children of this state and free from sectarian control.

FifthThat jurisdiction is ceded to the United States over the military reservations of Fort Mead, Fort Randall and Fort Sully, heretofore declared by the president of the United States; Provided, legal process, civil and criminal, of this state shall extend over such reservations in all cases of which exclusive jurisdiction is not vested in the United States, or of crimes not committed within the limits of such reservations.

These ordinances shall be irrevocable without the consent of the United States, and also the people of the said State of South Dakota expressed by their legislative assembly.

§ 19. The tenure of all officers, whose election is provided for in this schedule on the first day of October, ad 1889, shall be as follows:

The governor, lieutenant governor, secretary of state, auditor, treasurer, attorney general, superintendent of public instruction, commissioner of school and public lands, judges of county courts, shall hold their respective offices until the first Tuesday after the first Monday in January, ad 1891, at twelve o’clock, m., and until their successors are elected and qualified.

The judges of the supreme court and circuit courts shall hold their offices until the first Tuesday after the first Monday in January, ad 1894, at twelve o’clock m., and until their successors are elected and qualified; subject to the provisions of Sec. 26 of Article V of the constitution.

The terms of office of the members of the legislature elected at the first election held under the provisions of this constitution shall expire on the first Tuesday after the first Monday in January, one thousand eight hundred and ninety-one (1891.)

§ 20. That the first general election under the provisions of this constitution shall be held on the first Tuesday after the first Monday in November, 1890, and every two years thereafter.

Edition: current; Page: [3402]

§ 21. The following form of ballot is adopted:

Constitutional Ticket.

instructions to voters.

All persons desiring to vote for the constitution, or for any of the articles submitted to a separate vote, may erase the word “No.”

All persons who desire to vote against the constitution, or any articles separately submitted may erase the word “Yes.”

For the Constitution: Yes. No.

For Prohibition: Yes. No.

For Minority Representation: Yes. No.

For______________as the temporary seat of government.

For Governor.

_______________________________________________________

For Lieutenant Governor.

_______________________________________________________

For Secretary of State.

_______________________________________________________

For Auditor.

_______________________________________________________

For Treasurer.

_______________________________________________________

For Attorney General.

_______________________________________________________

For Superintendent of Public Instruction.

_______________________________________________________

For Commissioner of School and Public Lands.

_______________________________________________________

For Judges of the Supreme Court.

_______________________________________________________

First District__________________________________________

Second District________________________________________

Third District_________________________________________

For Judge of the Circuit Court__________Circuit.

_______________________________________________________

For Representatives in Congress.

_______________________________________________________

For State Senator.

_______________________________________________________

For Representative in the Legislature.

_______________________________________________________

For County Judge.

_______________________________________________________

§ 22. This constitution shall be enrolled and after adoption and signing by the convention shall be delivered to Hon. A. J. Edgerton, the president of the constitutional convention, for safe keeping, and by him to be delivered to the secretary of state as soon as he assumes the duties of his office, and printed copies thereof shall be prefixed to the books containing the laws of the state, and all future editions thereof.

The president of this convention shall also supervise the making of the copy that must be sent to the president of the United States; Edition: current; Page: [3403] said copy is to be certified by the president and chief clerk of this convention.

§ 23. “The agreement made by the joint commission of the constitutional conventions of North and South Dakota concerning the records, books and archives of the Territory of Dakota is hereby ratified and confirmed, which agreement is in the words following: That is to say:”

The following books, records and archives of the Territory of Dakota shall be the property of North Dakota, towit:

All records, books and archives in the offices of the governor and secretary of the territory (except records of articles of incorporation of domestic corporations, returns of election of delegates to the constitutional convention of 1889, for South Dakota, returns of elections held under the so-called local option law in counties within the limits of South Dakota, bonds of notaries public appointed for counties within the limits of South Dakota, papers relating to the organization of counties situate within the limits of South Dakota, all of which records and archives are part of the records and archives of said secretary’s office; excepting also census returns from counties situate within the limits of South Dakota and papers relating to requisitions issued upon the application of officers of counties situate within the limits of South Dakota, all of which are part of the records and archives of said governor’s office.)

And the following records, books and archives shall also be the property of the State of North Dakota, towit:

Vouchers in the office or in the custody of the auditor of this territory relating to expenditures on account of public institutions, grounds or buildings situate within the limits of North Dakota; one warrant register in the office of the treasurer of this territory, being a record of warrants issued under and by virtue of chapter twenty-four of the laws enacted by the eighteenth legislative assembly of Dakota territory; all letters, receipts and vouchers in the same office now filed by counties and pertaining to counties within the limits of North Dakota; paid and canceled coupons in the same office representing interest on bonds which said State of North Dakota is to assume and pay; reports of gross earnings of the year 1888 in the same office, made by corporations operating lines of railroad situated wholly or mainly within the limits of North Dakota; records and papers of the office of the public examiner of the second district of the territory; records and papers of the office of the second district board of agriculture; records and papers in the office of the board of pharmacy of the district of North Dakota.

All records, books and archives of the Territory of Dakota which it is not herein agreed shall be the property of North Dakota, shall be the property of South Dakota.

The following books shall be copied and the copies shall be the property of North Dakota, and the cost of such copies shall be borne equally by the said states of North Dakota and South Dakota. That is to say:

Appropriation ledger for the years ending November, 1889 and 1890—one volume.

The current warrant auditor’s register—one volume.

Insurance record for 1889—one volume.

Treasurer’s cash book “D.”

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Assessment ledger “B.”

Dakota Territory bond register—one volume.

Treasurer’s current ledger—one volume.

The originals of the foregoing volumes which are to be copied, shall at any time after such copying shall have been completed, be delivered on demand to the proper authorities of the State of South Dakota.

All other records, books and archives which it is hereby agreed shall be the property of South Dakota shall remain at the capital of North Dakota until demanded by the legislature of the State of South Dakota, and until the State of North Dakota shall have had a reasonable time after such demand is made to provide copies or abstracts or such portions thereof as the said State of North Dakota may desire to have copies or abstracts of.

The State of South Dakota may also provide copies or abstracts of such records, books and archives which is agreed shall be the property of North Dakota as said State of South Dakota shall desire to have copies or abstracts of.

The expense of all copies or abstracts of records, books and archives which it is herein agreed may be made, shall be borne equally by said two states.*

Alonzo J. Edgerton,
President of the Constitutional Convention.
Attest:
F. A. Burdick, Chief Clerk.

AMENDMENTS

(November 8, 1898)a

Art. III. Sec. 1. The legislative power shall be vested in a legislature which shall consist of a Senate and House of Representatives. Except that the people expressly reserve to themselves the right to propose measures, which measures the legislature shall enact and submit to a vote of the electors of the state, and also the right to require that any laws which the legislature may have enacted shall be submitted to a vote of the electors of he state before going into effect (except such laws as may be necessary for the immediate preservation of the public peace, health or safety, support of state government and the existing public institutions.)

Provided, That not more than five per centum of the qualified electors of the state shall be required to invoke either the initiative or the referendum.

This section shall not be construed so as to deprive the legislature or any member thereof of the right to propose any measure. The veto power of the executive shall not be exercised as to measures referred to a vote of the people. This section shall apply to municipalities. The enacting clause of all laws approved by vote of the electors of the state shall be: “Be it enacted by the people of South Dakota.” The legislature shall make suitable provisions for carrying into effect the provisions of this section.

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(November 4, 1902)

Art. VIII. Sec. 11. The rate of interest upon all investments of the permanent school or other educational funds mentioned in Sec. 11 of Art. VIII of the constitution of this state is hereby changed and reduced from six per centum per annum to five per centum per annum, wherever the said words “six per centum per annum” occur in said section. That if the foregoing amendment shall be approved and ratified by the people at said election, as provided by Article XXIII of the constitution, said Section 11 of Article VIII of the constitution shall be thereby amended by striking out the said words, “six per centum per annum” wherever they occur in said Section 11 and substituting in lieu thereof the words “five per centum per annum.”

(November 8, 1904)

Art. VIII. Sec. 2. The moneys of the permanent school and other educational funds shall be invested only in first mortgages upon good improved farm lands within this state, as hereinafter provided or in bonds of school corporations within this state, or in bonds of the United States or of the State of South Dakota, or of any organized county, township or incorporated city in said state. The legislature shall provide by law the method of determining the amount of said funds, which shall be invested from time to time in such classes of securities respectively, taking care to secure continuous investments as far as possible.

All moneys of said funds which may from time to time be designated for investment in farm mortgages and in the bonds of school corporations, or in bonds or organized counties, townships or incorporated cities within this state, shall for such purpose be divided among the organized counties of the state in proportion to population as nearly as provisions by law to secure continuous investment may permit. The several counties shall hold and manage the same as trust funds, and they shall be and remain responsible and accountable for the principal and interest of all such moneys received by them from the date of receipt until returned because not loaned; and in case of loss of any money so apportioned to any county, such county shall make the same good out of its common revenue. Counties shall invest said money in bonds of school corporations, counties, townships or cities, or in first mortgages upon good improved farm lands within their limits respectively. The amount of each loan shall not exceed one-third of the actual value of the lands covered by the mortgage given to secure the same, such value to be determined by the board of county commissioners of the county in which the land is situated, and in no case shall more than five thousand dollars ($5,000) be loaned to any one person, firm or corporation, and the rate of interest shall not be less than five per cent per annum, and shall be such other and higher rate as the legislature may provide, and shall be payable semi-annually on the first day of January and July; Provided, that whenever there are moneys of said fund in any county amounting to one thousand dollars that cannot be loaned according to the provisions of this section, and any law pursuant thereto, the said sum may be returned to the state treasurer to be entrusted to some other county or counties, or otherwise invested under the provisions of this section.

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Each county shall semi-annually, on the first day of January and July, render an account of the condition of the funds intrusted to it to the auditor of state, and at the same time pay to or account to the state treasurer for the interest due on all funds intrusted to it.

The legislature may provide by general law that counties may retain from interest collected in excess of five per centum per annum upon all said funds intrusted to them, not to exceed one per centum per annum. But no county shall be exempted from the obligation to make semi-annual payments to the state treasurer of interest at the rate provided by law for such loans, except only said one per centum, and in no case shall the interest, so to be paid, be less than five per centum per annum.

The legislature shall provide by law for the safe investment of the permanent school and other educational funds and for the prompt collection of interest and income thereof, and to carry out the objects and provisions of this section.

(1902)

aArt. IX. Sec. 3. Whenever a majority of the legal voters of any organized county shall petition the county board to change the location of the county seat which has once been located by a majority vote, specifying the place to which it is to be changed, said county board shall submit the same to the people of said county at the next general election, and if the proposition to change the county seat be ratified by two-thirds of the votes cast at said election, then the county seat shall be changed, otherwise not. A proposition to change the location of the county seat of any organized county shall not again be submitted before the expiration of four years.

(1896)

bArt. XIII. Sec. 4. The debt of any county, city, town, school district, civil township, or other subdivision, shall never exceed (5) five per centum upon the assessed value of the taxable property therein. In estimating the amount of indebtedness which a municipality or subdivision may incur the amount of indebtedness prior to the adoption of this constitution shall be included.

Provided, That any county, municipal corporation, civil township, district or other subdivision, may incur an additional indebtedness not exceeding ten per centum upon the assessed value of the taxable property therein for the purpose of providing water for irrigation and domestic uses: Provided further, That no county, municipal corporation or civil township shall be included within any such district or subdivision without a majority vote in favor thereof of the electors of the county, municipal corporation or civil township, as the case may be, which is proposed to be included therein, and no such debt Edition: current; Page: [3407] shall ever be incurred for any of the purposes in this section provided; unless authorized by a vote in favor thereof of a majority of the electors of such county, municipal corporation, civil township, district or subdivision incurring the same.

(November 4, 1902)

Art. XIII. Sec. 4. The debt of any county, city, town, school district, civil township or other subdivision, shall never exceed five (5) per centum upon the assessed valuation of the taxable property therein for the year preceding that in which said indebtedness is incurred.

In estimating the amount of the indebtedness which a municipality or subdivision may incur, the amount of indebtedness contracted prior to the adoption of this constitution shall be included.

Provided, That any county, municipal corporation, civil township, district or other subdivision may incur an additional indebtedness not exceeding ten per centum upon the assessed valuation of the taxable property therein for the year preceding that in which said indebtedness is incurred for the purpose of providing water and sewerage for irrigation, domestic uses, sewerage and other purposes; and

Provided, That in a city where the population is 8,000 or more, such city may incur an indebtedness not exceeding eight per centum upon the assessed valuation of the taxable property therein for the year next preceding that in which said indebtedness is incurred for the purpose of constructing street railways, electric lights or other lighting plants.

Provided further, That no county, municipal corporation, civil township, district or subdivision shall be included within such district or subdivision without a majority vote in favor thereof of the electors of the county, municipal corporation, civil township, district, or other subdivision as the case may be, which is purposed to be included therein, and no such debt shall ever be incurred for any of the purposes in this section provided, unless authorized by a vote in favor thereof by a majority of the electors of such county, municipal corporation, civil township, district or subdivision incurring the same.

(1896)

Art. XIV. Sec. 3.a The state university, the agricultural college, the normal schools and other educational institutions that may be sustained either wholly or in part by the state shall be under the control of a board of five members appointed by the governor and confirmed by the senate under such rules and restrictions as the legislature shall provide. The legislature may increase the number of members to nine.

Art. XIV. Sec. 4.b Stricken out, 1896, from original constitution.

Edition: current; Page: [3408]

(1896)

Art. XVII. Sec. 20.a Monopolies and trusts shall never be allowed in this state, and no incorporated company, co-partnership or association of persons in this state shall directly or indirectly combine or make any contract with any incorporated company, foreign or domestic, through their stockholders, or the trustees or assigns of such stockholders, or with any co-partnership or association of persons, or in any manner whatever to fix the prices, limit the production or regulate the transportation of any product or commodity so as to prevent competition in such prices, production or transportation, or to establish excessive prices therefor.

The legislature shall pass laws for the enforcement of this section by adequate penalties and in the case of incorporated companies, if necessary for that purpose, may, as a penalty, declare a forfeiture of their franchises.

Art. XXIV. (Prohibition) adopted, 1896.b

Art. XV. (Minority representation) rejected, 1889.c

Art. XXVI. Obsolete, except sections 17 and 18.d

Art. XXVII. (The control of, manufacture, and sale of liquor.)e

(1900)

Art. XXVIII.f Sec. 1. The several counties of the state shall invest the money of the permanent school and endowment funds in bonds of school, corporation, state, county and municipal bonds, or in first mortgages upon good improved farm lands within their limits respectively; under such regulations as the legislature may provide, but no farm loan shall exceed one thousand dollars to any one person or corporation.

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TENNESSEE

For organic acts issued previous to 1790 relating to the land now included within Tennessee see in this work:—

Virginia Charter of 1609 (Virginia, p. 3790).
Virginia Charter of 1612 (Virginia, p. 3802).
Ordinances for Virginia 1621 (Virginia, p. 3810).
Proprietary Charter of Carolina, 1663 (North Carolina, p. 2743).
Proprietary Proposals, 1663 (North Carolina, p. 2753).
Proprietary Charter of Carolina, 1665 (North Carolina, p. 2756).
Fundamental Constitutions of Carolina, 1669 (North Carolina, p. 2772).
Constitution of North Carolina, 1776 (North Carolina, p. 2787).

CESSION OF TENNESSEE TO THE UNITED STATES—1790a

[First Congress, Second Session]

An Act to accept a cession of the claims of the State of North Carolina to a certain district of western territory

A deed of cession having been executed, and in the Senate offered for acceptance to the United States, of the claims of the State of North Carolina to a district of territory therein described; which deed is in the words following, viz:

Chas. Johnson
Johnson, Chas.
To all who shall see these presents:

“We, the underwritten, Samuel Johnston and Benjamin Hawkins, Senators in the Congress of the United States of America, duly and constitutionally chosen by the legislature of the State of North Carolina, send greeting:

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“Whereas the general assembly of the State of North Carolina, on the ——— day of December, in the year of our Lord one thousand seven hundred and eighty-nine, passed an act entituled “An act for the purpose of ceding to the United States of America certain western lands therein described,” in the words following, to wit:

“Whereas the United States, in Congress assembled, have repeatedly and earnestly recommended to the respective States in the Union, claiming or owning vacant western territory, to make cessions of part of the same, as a further means, as well of hastening the extinguishment of the debts as of establishing the harmony of the United States; and the inhabitants of the said western territory being also desirous that such cessions should be made, in order to obtain a more ample protection than they have heretofore received: Now, this State being ever desirous of doing ample justice to the public creditors, as well as the establishing the harmony of the United States, and complying with the reasonable desires of her citizens,

Be it enacted by the general assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That the Senators of this State in the Congress of the United States, or one of the Senators and any two of the Representatives of this State in the Congress of the United States, are hereby authorized, empowered, and required to execute a deed or deeds on the part and behalf of this State, conveying to the United States of America all right, title, and claim which this State has to the sovereignty and territory of the lands situated within the chartered limits of this State west of a line beginning on the extreme height of the Stone Mountain, at the place where the Virginia line intersects it; running thence along the extreme height of the said mountain to the place where Watauga River breaks through it; thence a direct course to the top of the Yellow Mountain, where Bright’s road crosses the same; thence along the ridge of said mountain, between the waters of Doe River and the waters of Rock Creek, to the place where the road crosses the Iron Mountain; from thence along the extreme height of said mountain to where Nolichucky River runs through the same; thence to the top of the Bald Mountains; thence along the extreme height of the said mountain to the Painted Rock, on French Broad River; thence along the highest ridge of the said mountain to the place where it is called the Great Iron or Smoaky Mountain; thence along the extreme height of the said mountain to the place where it is called Unicoy or Unaka Mountain, between the Indian towns of Cowee and Old Chota; thence along the main ridge of the said mountain to the southern boundary of this State, upon the following express conditions, and subject thereto, that is to say:

“First. That neither the lands nor inhabitants westward of the said mountains shall be estimated, after the cession made by virtue of this act shall be accepted, in the ascertaining the proportion of this State with the United States in the common expense occasioned by the late war.

“Secondly. That the lands laid off, or directed to be laid off, by any act or acts of the general assembly of this State for the officers and soldiers thereof, their heirs and assigns respectively, shall be and enure to the use and benefit of the said officers, their heirs and assigns respectively; and if the bounds of the said lands already prescribed for the officers and soldiers of the Continental Line of this State shall Edition: current; Page: [3411] not contain a sufficient quantity of lands fit for cultivation, to make good the several provisions intended by law, that such officer or soldier, or his assignee, who shall fall short of his allotment or proportion after all the lands fit for cultivation within the said bounds are appropriated, be permitted to take his quota, or such part thereof as may be deficient, in any other part of the said territory intended to be ceded by virtue of this act, not already appropriated. And where entries have been made agreeable to law, and titles under them not perfected by grant or otherwise, then, and in that case, the governor for the time being shall, and he is hereby, required to perfect, from time to time, such titles, in such manner as if this act had never been passed. And that all entries made by, or grants made to, all and every person or persons whatsoever, agreeable to law, and within the limits hereby intended to be ceded to the United States, shall have the same force and effect as if such cession had not been made; and that all and every right of occupancy and pre-emption, and every other right reserved by any act or acts to persons settled on and occupying lands within the limits of the lands hereby intended to be ceded as aforesaid, shall continue to be in full force, in the same manner as if the cession had not been made, and as conditions upon which the said lands are ceded to the United States. And further, it shall be understood that if any person or persons shall have, by virtue of the act entituled “An act for opening the land-office for the redemption of specie and other certificates, and discharging the arrears due to the Army,” passed in the year one thousand seven hundred and eighty-three, made his or their entry in the office usually called John Armstrong’s office, and located the same to any spot or piece of ground on which any other person or persons shall have previously located any entry or entries, that then, and in that case, the person or persons having made such entry or entries, or their assignee or assignees, shall have leave and be at full liberty to remove the location of such entry or entries to any lands on which no entry has been specially located, or on any vacant lands included within the limits of the lands hereby intended to be ceded: Provided, That nothing herein contained shall extend or be construed to extend to the making good any entry or entries, or any grant or grants heretofore declared void, by any act or acts of the general assembly of this State.

“Thirdly, That all the lands intended to be ceded by virtue of this act to the United States of America, and not appropriated as before mentioned, shall be considered as a common fund for the use and benefit of the United States of America, North Carolina inclusive, according to their respective and usual proportion in the general charge and expenditure, and shall be faithfully disposed of for that purpose, and for no other use or purpose whatever.

“Fourthly, That the territory so ceded shall be laid out and formed into a State or States, containing a suitable extent of territory, the inhabitants of which shall enjoy all the privileges, benefits, and advantages set forth in the ordinance of the late Congress for the government of the western territory of the United States, that is to say, whenever the Congress of the United States shall cause to be officially transmitted to the executive authority of this State an authenticated copy of the act to be passed by the Congress of the Edition: current; Page: [3412] United States, accepting the cession of territory made by virtue of this act, under the express conditions hereby specified; the said Congress shall at the same time assume the government of the said ceded territory, which they shall execute in a manner similar to that which they support in the territory west of the Ohio; shall protect the inhabitants against enemies, and shall never bar or deprive them of any privileges which the people in the territory west of the Ohio enjoy: Provided always, That no regulations made or to be made by Congress shall tend to emancipate slaves.

“Fifthly. That the inhabitants of the said ceded territory shall be liable to pay such sums of money as may, from taking their census, be their just proportion of the debt of the United States, and the arrears of the requisitions of Congress on this State.

“Sixthly. That all persons indebted to this State, residing in the territory intended to be ceded by virtue of this act, shall be held and deemed liable to pay such debt or debts in the same manner and under the same penalty or penalties as if this act had never been passed.

“Seventhly. That if the Congress of the United States do not accept the cession hereby intended to be made, in due form, and give official notice thereof to the executive of this State within eighteen months from the passing of this act, then this act shall be of no force or effect whatsoever.

“Eighthly. That the laws in force and use in the State of North Carolina at the time of passing this act shall be and continue in full force within the territory hereby ceded, until the same shall be repealed or otherwise altered by the legislative authority of the said territory.

“Ninthly. That the lands of non-resident proprietors within the said ceded territory shall not be taxed higher than the lands of residents.

“Tenthly. That this act shall not prevent the people now residing south of French Broad, between the rivers Tennessee and Big Pigeon, from entering their pre-emptions in that tract, should an office be opened for that purpose, under an act of the present general assembly.

And be it further enacted by the authority aforesaid, That the sovereignty and jurisdiction of this State, in and over the territory aforesaid, and all and every the inhabitants thereof, shall be and remain the same in all respects, until the Congress of the United States shall accept the cession to be made by virtue of this act, as if this act had never passed.

“Read three times, and ratified in general assembly, the ——— day of December, ad 1789.

Chas. Johnson, Sp. Sen.
S. Cabarrus, Sp. H. C.

Now therefore know ye that we, Samuel Johnston and Benjamin Hawkins, Senators aforesaid, by virtue of the power and authority committed to us by the said act, and in the name, and for and on behalf of the said State, do, by these presents, convey, assign, transfer, and set over unto the United States of America, for the benefit of the said States, North Carolina inclusive, all right, title, and claim which the said State hath to the sovereignty and territory of the lands situated Edition: current; Page: [3413] within the chartered limits of the said State, as bounded and described in the above-recited act of the general assembly, to and for the uses and purposes and on the conditions mentioned in the said act.

In witness whereof we have hereunto subscribed our names and affixed our seals, in the Senate chamber, at New York, this twenty-fifth day of February, in the year of our Lord one thousand seven hundred and ninety, and in the fourteenth year of the Independence of the United States of America.

Sam. Johnston. [l. s.]
Benjamin Hawkins. [l. s.]
Signed, sealed, and delivered in the presence of— Sam. A. Otis.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the said deed be, and the same is hereby, accepted.

THE TERRITORY SOUTH OF THE OHIO—1790

[First Congress, Second Session]

An Act for the government of the territory of the United States south of the river Ohio

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the territory of the United States south of the river Ohio, for the purposes of temporary government, shall be one district; the inhabitants of which shall enjoy all the privileges, benefits, and advantages set forth in the ordinance of the late Congress for the government of the territory of the United States northwest of the river Ohio. And the government of the said territory south of the Ohio shall be similar to that which is now exercised in the territory northwest of the Ohio; except so far as is otherwise provided in the conditions expressed in an act of Congress of the present session, entitled “An act to accept a cession of the claims of the State of North Carolina to a certain district of western territory.”

Sec. 2. And be it further enacted, That the salaries of the officers which the President of the United States shall nominate and, with the advice and consent of the Senate, appoint, by virtue of this act, shall be the same as those by law established of similar officers in the government northwest of the river Ohio. And the powers, duties, and emoluments of a superintendent of Indian affairs for the southern department shall be united with those of the governor.

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ACT ADMITTING THE STATE OF TENNESSEE—1796a

[Fourth Congress, First Session]

An Act for the admission of the State of Tennessee into the Union

Whereas by the acceptance of the deed of cession of the State of North Carolina Congress are bound to lay out into one or more States the territory thereby ceded to the United States:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the whole of the territory ceded to the United States by the State of North Carolina shall be one State, and the same is hereby declared to be one of the United States of America, on an equal footing with the original States in all respects whatever, by the name and title of the State of Tennessee. That until the next general census the said State of Tennessee shall be entitled to one Representative in the House of Representatives of the United States, and in all other respects, as far as they may be applicable, the laws of the United States shall extend to and have force in the State of Tennessee in the same manner as if that State had originally been one of the United States.

THE CONSTITUTION OF TENNESSEE—1796*b

We, the people of the territory of the United States south of the river Ohio, having the right of admission into the General Government as a member State thereof, consistent with the Constitution of the United States and the act of cession of the State of North Carolina, recognizing the ordinance for the government of the territory of the United States northwest of the river Ohio, do ordain and establish the following constitution or form of government, and do mutually agree with each other to form ourselves into a free and independent State by the name of the State of Tennessee.

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, both dependent on the people.

Sec. 2. Within three years after the first meeting of the general assembly, and within every subsequent term of seven years, an enumeration of the taxable inhabitants shall be made in such manner as shall be directed by law; the number of representatives shall, at the several periods of making such enumeration, be fixed by the legislature, Edition: current; Page: [3415] and apportioned among the several counties according to the number of taxable inhabitants in each, and shall never be less than twenty-two nor greater than twenty-six until the number of taxable inhabitants shall be forty thousand, and after that event at such ratio that the whole number of representatives shall never exceed forty.

Sec. 3. The number of senators shall, at the several periods of making the enumeration before mentioned, be fixed by the legislature and apportioned among the districts formed as hereinafter directed, according to the number of taxable inhabitants in each, and shall never be less than one-third nor more than one-half of the number of representatives.

Sec. 4. The senators shall be chosen by districts, to be formed by the legislature, each district containing such a number of taxable inhabitants as shall be entitled to elect not more than three senators. When a district shall be composed of two or more counties they shall be adjoining, and no county shall be divided in forming a district.

Sec. 5. The first election for senators and representatives shall commence on the second Thursday of March next, and shall continue for that and the succeeding day, and the next election shall commence on the first Thursday of August, one thousand seven hundred and ninety-seven, and shall continue on that and the succeeding day; and forever after elections shall be held once in two years, commencing on the first Thursday in August and terminating the succeeding day.

Sec. 6. The first session of the general assembly shall commence on the last Monday of March next; the second on the third Monday of September, one thousand seven hundred and ninety-seven; and forever after the general assembly shall meet on the third Monday of September next ensuing the then election, and at no other period, unless as provided for by this constitution.

Sec. 7. That no person shall be eligible to a seat in the general assembly unless he shall have resided three years in the State and one year in the county immediately preceding the election, and shall possess in his own right in the county which he represents not less than two hundred acres of land, and shall have attained to the age of twenty-one years.

Sec. 8. The senate and house of representatives, when assembled, shall each choose a speaker and its other officers, be judges of the qualifications and elections of its members, and sit upon its own adjournments from day to day. Two-thirds of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may be authorized by law to compel the attendance of absent members.

Sec. 9. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds expel a member, but not a second time for the same offence, and shall have all other powers necessary for the legislature of a free State.

Sec. 10. Senators and representatives shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest during the session of the general assembly, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place.

Sec. 11. Each house may punish, by imprisonment, during their session, any person, not a member, who shall be guilty of disrespect to Edition: current; Page: [3416] the house, by any disorderly or contemptuous behavior in their presence.

Sec. 12. When vacancies happen in either house, the governor, for the time being, shall issue writs of election to fill such vacancies.

Sec. 13. Neither house shall, during their session, adjourn without consent of the other, for more than three days, nor to any other place than that in which the two houses shall be sitting.

Sec. 14. Bills may originate in either house, but may be amended, altered, or rejected by the other.

Sec. 15. Every bill shall be read three times, on three different days, in each house, and be signed by the respective speakers, before it becomes a law.

Sec. 16. After a bill has been rejected, no bill containing the same substance shall be passed into a law during the same session.

Sec. 17. The style of the laws of this State shall be, “Be it enacted by the general assembly of the State of Tennessee.

Sec. 18. Each house shall keep a journal of its proceedings, and publish them, except such parts as the welfare of the State may require to be kept secret. And the yeas and nays of the members on any question shall, at the request of any two of them, be entered on the journals.

Sec. 19. The doors of each house, and committees of the whole, shall be kept open, unless when the business shall be such as ought to be kept secret.

Sec. 20. The legislature of this State shall not allow the following officers of government greater annual salaries than as follows, until the year one thousand eight hundred and four, to wit:

The governor not more than seven hundred and fifty dollars.

The judges of the superior courts not more than six hundred dollars each.

The secretary not more than four hundred dollars.

The treasurer or treasurers not more than 4 per cent. for receiving and paying out all moneys.

The attorney or attorneys for the State shall receive a compensation for their services, not exceeding fifty dollars for each superior court which he shall attend.

No member of the legislature shall receive more than one dollar and seventy-five cents per day, nor more for every twenty-five miles he shall travel in going to and returning from the general assembly.

Sec. 21. No money shall be drawn from the treasury but in consequence of appropriations made by law.

Sec. 22. No person who heretofore hath been, or hereafter may be, a collector or holder of public moneys shall have a seat in either house of the general assembly, until such person shall have accounted for, and paid into the treasury, all sums for which he may be accountable or liable.

Sec. 23. No judge of any court of law or equity, secretary of state, attorney-general, register, clerk of any court of record, or person holding any office under the authority of the United States shall have a seat in the general assembly; nor shall any person in this State hold more than one lucrative office at one and the same time: Provided, That no appointment in the militia, or to the office of a justice of the peace, shall be considered a lucrative office.

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Sec. 24. No member of the general assembly shall be eligible to any office or place of trust, except to the office of a justice of the peace, or trustee of any literary institution, where the power of appointment to such office or place of trust is vested in their own body.

Sec. 25. Any member of either house of the general assembly shall have liberty to dissent from and protest against any act or resolve which he may think injurious to the public, or any individual, and have the reasons of his dissent entered on the journals.

Sec. 26. All lands liable to taxation in this State, held by deed, grant, or entry, shall be taxed equal and uniform, in such manner that no one hundred acres shall be taxed higher than another, except town-lots, which shall not be taxed higher than two hundred acres of land each; no freeman shall be taxed higher than one hundred acres, and no slave higher than two hundred acres on each poll.

Sec. 27. No article manufactured of the produce of this State shall be taxed otherwise than to pay inspection fees.

Article II

Section 1. The supreme executive power of this State shall be vested in a governor.

Sec. 2. The governor shall be chosen by the electors of the members of the general assembly, at the times and places where they shall respectively vote for the members thereof. The returns of every election for governor shall be sealed up, and transmitted to the seat of government by the returning officers, directed to the speaker of the senate, who shall open and publish them in the presence of a majority of the members of each house 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, one of them shall be chosen governor by joint ballot of both houses of the general assembly. Contested elections for governor shall be determined by both houses of the general assembly, in such manner as shall be prescribed by law.

Sec. 3. He shall be at least twenty-five years of age, and possess a freehold estate of five hundred acres of land, and have been a citizen or inhabitant of this State four years next before his election, unless he shall have been absent on the public business of the United States or of this State.

Sec. 4. The first governor shall hold his office until the fourth Tuesday of September, one thousand seven hundred and ninety-seven, and until another governor shall be elected and qualified to office; and forever after the governor shall hold his office for the term of two years, and until another governor shall be elected and qualified; but shall not be eligible more than six years in any term of eight.

Sec. 5. He 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 service of the United States.

Sec. 6. He shall have power to grant reprieves and pardons, after conviction, except in cases of impeachment.

Sec. 7. He shall, at stated times, receive a compensation for his services, which shall not be increased or diminished during the period for which he shall have been elected.

Sec. 8. He may require information, in writing, from the officers in Edition: current; Page: [3418] the executive department, upon any subject relating to the duties of their respective offices.

Sec. 9. He may, on extraordinary occasions, convene the general assembly by proclamation, and shall state to them, when assembled, the purpose for which they shall have been convened.

Sec. 10. He shall take care that the laws shall be faithfully executed.

Sec. 11. He shall, from time to time, give to the general assembly information of the state of the government, and recommend to their consideration such measures as he shall judge expedient.

Sec. 12. In case of his death, or resignation, or removal from office, the speaker of the senate shall exercise the office of governor until another governor shall be duly qualified.

Sec. 13. No member of Congress or person holding any office under the United States, or this State, shall execute the office of governor.

Sec. 14. When any officer, the right of whose appointment is by this constitution vested in the general assembly, shall, during the recess, die, or his office by other means become vacant, the governor shall have power to fill up such vacancy by granting a temporary commission, which shall expire at the end of the next session of the legislature.

Sec. 15. There shall be a seal of this State, which shall be kept by the governor, and used by him officially, and shall be called “The Great Seal of the State of Tennessee.”

Sec. 16. All grants and commissions shall be in the name and by the authority of the State of Tennessee, be sealed with the State seal, and signed by the governor.

Sec. 17. A secretary of this State shall be appointed and commissioned during the term of four years. He shall keep a fair register of all the official acts and proceedings of the governor; and shall, when required, lay the same, and all papers, minutes, and vouchers relative thereto, before the general assembly, and shall perform such other duties as shall be enjoined him by law.

Article III

Section 1. Every freeman of the age of twenty-one years and upwards, possessing a freehold in the county wherein he may vote, and being an inhabitant of this State, and every freeman, being an inhabitant of any one county in the State six months immediately preceding the day of election, shall be entitled to vote for members of the general assembly, for the county in which he shall reside.

Sec. 2. Electors shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning from them.

Sec. 3. All elections shall be by ballot.

Article IV

Section 1. The house of representatives shall have the sole power of impeachment.

Sec. 2. All impeachments shall be tried by the senate. When sitting for that purpose, the senators shall be upon oath or affirmation.

Sec. 3. No person shall be convicted, without the concurrence of two-thirds of the members of the whole house.

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Sec. 4. The governor, and all civil officers under this State, shall be liable to impeachment for any misdemeanor in office; 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 shall, nevertheless, in all cases be liable to indictment, trial, judgment, and punishment, according to law.

Article V

Section 1. The judicial power of the State shall be vested in such superior and inferior courts of law and equity as the legislature shall, from time to time, direct and establish.

Sec. 2. The general assembly shall, by joint ballot of both houses, appoint judges of the several courts of law and equity, also an attorney or attorneys for the State, who shall hold their respective offices during good behavior.

Sec. 3. The judges of the superior court shall, at stated times, receive a compensation for their services, to be ascertained by law; but shall not be allowed any fees or perquisites of office, nor shall they hold any other office of trust or profit under this State or the United States.

Sec. 4. The judges of the superior courts shall be justices of oyer and terminer and general jail-delivery throughout the State.

Sec. 5. The judges of the superior and inferior courts shall not charge juries with respect to matters of fact, but may state the testimony and declare the law.

Sec. 6. The judges of the superior courts shall have power, in all civil cases, to issue writs of certiorari, to remove any cause, or a transcript thereof, from any inferior court of record into the superior, on sufficient cause, supported by oath or affirmation.

Sec. 7. The judges or justices of the inferior courts of law shall have power, in all civil cases, to issue writs of certiorari, to remove any cause, or a transcript thereof, from any inferior jurisdiction into their court, on sufficient cause, supported by oath or affirmation.

Sec. 8. No judge shall sit on the trial of any cause where the parties shall be connected with him by affinity or consanguinity, except by consent of parties. In case all the judges of the superior court shall be interested in the event of any cause, or related to all or either of the parties, the governor of the State shall in such case specially commission three men of law knowledge for the determination thereof.

Sec. 9. All writs and other process shall run in the name of the State of Tennessee, and bear test and be signed by the respective clerks. Indictments shall conclude, “against the peace and dignity of the State.”

Sec. 10. Each court shall appoint its own clerk, who may hold his office during good behavior.

Sec. 11. No fine shall be laid on any citizen of this State that shall exceed fifty dollars, unless it shall be assessed by a jury of his peers, who shall assess the fine at the time they find the fact, if they think the fine ought to be more than fifty dollars.

Sec. 12. There shall be justices of the peace appointed for each county, not exceeding two for each captain’s company, except for the company which includes the county town, which shall not exceed three, who shall hold their offices during good behavior.

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Article VI

Section 1. There shall be appointed in each county, by the county court, one sheriff, one coroner, one trustee, and a sufficient number of constables, who shall hold their offices for two years. They shall also have power to appoint one register and ranger for the county, who shall hold their offices during good behavior. The sheriff and coroner shall be commissioned by the governor.

Sec. 2. There shall be a treasurer or treasurers appointed for the State, who shall hold his or their offices for two years.

Sec. 3. The appointment of all officers, not otherwise directed by this constitution, shall be vested in the legislature.

Article VII

Section 1. Captains, subalterns, and non-commissioned officers shall be elected by those citizens, in their respective districts, who are subject to military duty.

Sec. 2. All field-officers of the militia shall be elected by those citizens in their respective counties who are subject to military duty.

Sec. 3. Brigadiers-general shall be elected by the field-officers of their respective brigades.

Sec. 4. Majors-general shall be elected by the brigadiers and field-officers of the respective divisions.

Sec. 5. The governor shall appoint the adjutant-general; the majors-general shall appoint their aids; the brigadiers-general shall appoint their brigade-majors, and the commanding officers of regiments their adjutants and quartermasters.

Sec. 6. The captains and the subalterns of the cavalry shall be appointed by the troops enrolled in their respective companies, and the field-officers of the district shall be appointed by the said captains and subalterns: Provided, That, whenever any new county is laid off, that the field-officers of the said cavalry shall appoint the captain and other officers therein pro tempore, until the company is filled up and completed, at which time the election of the captains and subalterns shall take place as aforesaid.

Sec. 7. The legislature shall pass laws exempting citizens, belonging to any sect or denomination of religion the tenets of which are known to be opposed to the bearing of arms, from attending private and general musters.

Article VIII

Section 1. Whereas the ministers of the gospel are, by their professions, dedicated to God and the care of souls, and ought not to be diverted from the great duties of their functions; therefore no minister of the gospel, or priest of any denomination whatever, shall be eligible to a seat in either house of the legislature.

Sec. 2. No person who denies the being of God, or a future state of rewards and punishments, shall hold any office in the civil department of this State.

Article IX

Section 1. That every person who shall be chosen or appointed to any office of trust or profit shall, before entering on the execution thereof, take an oath to support the constitution of this State, and also an oath of office.

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Sec. 2. That each member of the senate and house of representatives shall, before they proceed to business, take an oath or affirmation to support the constitution of this State, and also the following oath:

“I, A. B., do solemnly swear [or affirm] that, as a member of this general assembly, I will in all appointments vote without favor, affection, partiality, or prejudice, and that I will not propose or assent to any bill, vote, or resolution which shall appear to me injurious to the people, or consent to any act or thing whatever that shall have a tendency to lessen or abridge their rights and privileges, as declared by the constitution of this State.”

Sec. 3. Any elector who shall receive any gift or reward for his vote, in meat, drink, money, or otherwise, shall suffer such punishment as the laws shall direct. And any person who shall directly or indirectly give, promise, or bestow any such reward to be elected, shall thereby be rendered incapable, for two years, to serve in the office for which he was elected, and be subject to such further punishment as the legislature shall direct.

Sec. 4. No new county shall be established by the general assembly which shall reduce the county or counties, or either of them, from which it shall be taken to a less content than six hundred and twenty-five square miles; nor shall any new county be laid off of less contents. All new counties, as to the right of suffrage and representation, shall be considered as a part of the county or counties from which it was taken, until entitled by numbers to the right of representation. No bill shall be passed into a law for the establishment of a new county except upon a petition to the general assembly for that purpose, signed by two hundred of the free male inhabitants within the limits or bounds of such new county prayed to be laid off.

Article X

Section 1. Knoxville shall be the seat of government until the year one thousand eight hundred and two.

Sec. 2. All laws and ordinances now in force and use in this Territory, not inconsistent with this constitution, shall continue to be in force and use in this State, until they shall expire, be altered, or repealed by the legislature.

Sec. 3. That whenever two-thirds of the general assembly shall think it necessary to amend or change this constitution, they shall recommend to the electors, at the next election for members to the general assembly, to vote for or against a convention; and if it shall appear that a majority of all the citizens of the State, voting for representatives, have voted for a convention, the general assembly shall, at their next session, call a convention, to consist of as many members as there be in the general assembly, to be chosen in the same manner, at the same place, and by the same electors that chose the general assembly, who shall meet within three months after the said election, for the purpose of revising, amending, or changing the constitution.

Sec. 4. The declaration of rights hereto annexed is declared to be a part of the constitution of this State, and shall never be violated on any pretence whatever. And to guard against transgressions of the high powers which we have delegated, we declare that everything in Edition: current; Page: [3422] the bill of rights contained, and every other right not hereby delegated, is excepted out of the general powers of government, and shall forever remain inviolate.

Article XI: DECLARATION OF RIGHTS

Section 1. That all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; for the advancement of those ends, they have at all times an unalienable and indefeasible right to alter, reform, or abolish the government in such manner as they may think proper.

Sec. 2. That, government being instituted for the common benefit, the doctrine of non-resistance against arbitrary power and oppression is absurd, slavish, and destructive to the good and happiness of mankind.

Sec. 3. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; that no man can of right be compelled to attend, erect, or support any place of worship, or to maintain any ministry against his consent; that no human authority can in any case whatever control or interfere with the rights of conscience; and that no preference shall ever be given by law to any religious establishments or modes of worship.

Sec. 4. That no religious test shall ever be required as a qualification to any office or public trust under this State.

Sec. 5. That elections shall be free and equal.

Sec. 6. That the right of trial by jury shall remain inviolate.

Sec. 7. That the people shall be secure in their persons, houses, papers, and possessions, from unreasonable searches and seizures, and that general warrants, whereby an officer may be commanded to search suspected places, without evidence of the fact committed, or to seize any person or persons not named, whose offences are not particularly described and supported by evidence, are dangerous to liberty, and ought not to be granted.

Sec. 8. That no freeman 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 the law of the land.

Sec. 9. That in all criminal prosecutions the accused hath a right to be heard by himself and his counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face; to have compulsory process for obtaining witnesses in his favor; and in prosecutions by indictment or presentment a speedy public trial, by an impartial jury of the county or district in which the crime shall have been committed; and shall not be compelled to give evidence against himself.

Sec. 10. That no person shall, for the same offence, be twice put in jeopardy of life or limb.

Sec. 11. That laws made for the punishment of facts committed previous to the existence of such laws, and by them only declared Edition: current; Page: [3423] criminal, are contrary to the principles of a free government; wherefore no ex post facto law shall be made.

Sec. 12. That no conviction shall work corruption of blood or forfeiture of estate. The estate of such persons as shall destroy their own lives shall descend or vest as in case of natural death. If any person be killed by casualty, there shall be no forfeiture in consequence thereof.

Sec. 13. That no person arrested, or confined in jail, shall be treated with unnecessary rigor.

Sec. 14. That no freeman shall be put to answer any criminal charge, but by presentment, indictment, or impeachment.

Sec. 15. That all prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident or the presumption great. And the privilege of the writ of habeas corpus shall not be suspended, unless when, in case of rebellion or invasion, the public safety may require it.

Sec. 16. That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Sec. 17. That all courts shall be open; and every man, for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial, or delay. Suits may be brought against the State in such manner and in such courts as the legislature may by law direct: Provided, The right of bringing suit be limited to the citizens of this State.

Sec. 18. That the person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditor or creditors, in such manner as shall be prescribed by law.

Sec. 19. That the printing-presses shall be free to every person who undertakes to examine the proceedings of the legislature, or of any branch or officer of government; and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man; and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty. But in prosecutions for the publication of papers investigating the official conduct of officers or men in public capacity, the truth thereof may be given in evidence; and in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases.

Sec. 20. That no retrospective law, or law impairing the obligation of contracts, shall be made.

Sec. 21. That no man’s particular services shall be demanded or property taken, or applied to public use, without the consent of his representatives, or without just compensation being made therefor.

Sec. 22. That the citizens have a right, in a peaceable manner, to assemble together for their common good, to instruct their representatives, and to apply to those invested with the powers of government for redress of grievances, or other proper purposes, by address or remonstrance.

Sec. 23. That perpetuities and monopolies are contrary to the genius of a free State, and shall not be allowed.

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Sec. 24. That the sure and certain defence of a free people is a well-regulated militia; and as standing armies, in time of peace, are dangerous to freedom, they ought to be avoided, as far as the circumstances and safety of the community will admit, and that in all cases the military shall be in strict subordination to the civil authority.

Sec. 25. That no citizen in this State, except such as are employed in the Army of the United States or militia in actual service, shall be subject to corporal punishment under the martial law.

Sec. 26. That the freemen of this State have a right to keep and to bear arms for their common defence.

Sec. 27. That no soldier shall in time of peace be quartered in any house without consent of the owner, nor in time of war but in a manner prescribed by law.

Sec. 28. That no citizen of this State shall be compelled to bear arms, provided he will pay an equivalent, to be ascertained by law.

Sec. 29. That an equal participation of the free navigation of the Mississippi is one of the inherent rights of the citizens of this State; it cannot, therefore, be conceded to any prince, potentate, power, person, or persons whatever.

Sec. 30. That no hereditary emoluments, privileges, or honors shall ever be granted or conferred in this State.

Sec. 31. That the people residing south of French Broad and Holston, between the rivers Tennessee and the Big Pigeon, are entitled to the right of preëmption and occupancy in that tract.

Sec. 32. That the limits and boundaries of this State be ascertained, it is declared they are as hereafter mentioned; that is to say: Beginning on the extreme height of the Stone Mountain, at the place where the line of Virginia intersects it, in latitude thirty-six degrees and thirty minutes north; running thence along the extreme height of the said mountain to the place where Watauga River breaks through it; thence a direct course to the top of the Yellow Mountain, where Bright’s road crosses the same; thence along the ridge of said mountain, between the waters of Doe River and the waters of Rock Creek, to the place where the road crosses the Iron Mountain; from thence along the extreme height of said mountain to where Nolichucky River runs through the same; thence to the top of the Bald Mountain; thence along the extreme height of said mountain to the Painted Rock, on French Broad River; thence along the highest ridge of said mountain to the place where it is called the Great Iron or Smoky Mountain; thence along the extreme height of said mountain to the place where it is called Unicoi or Unaka Mountain, between the Indian towns of Cowee and Old Chota; thence along the main ridge of the said mountain to the southern boundary of this State, as described in the act of cession of North Carolina to the United States of America, and that all the territory, lands, and waters lying west of the said line, as before mentioned, and contained within the chartered limits of the State of North Carolina, are within the boundaries and limits of this State, over which the people have the right of exercising sovereignty and right of soil so far as is consistent with the Constitution of the United States, recognizing the Articles of Confederation, the Bill of Rights, and constitution of North Carolina, the cession act of the said State, and the ordinance Edition: current; Page: [3425] of the late Congress for the government of the territory northwest of the Ohio; provided nothing herein contained shall extend to affect the claim or claims of individuals to any part of the soil which is recognized to them by the aforesaid cession act.

Schedule

Section 1. That no inconvenience may arise from a change of the temporary to a permanent State government, it is declared that all rights, actions, prosecutions, claims, and contracts, as well of individuals as of bodies-corporate, shall continue as if no change had taken place in the administration of government.

Sec. 2. All fines, penalties, and forfeitures, due and owing to the territory of the United States of America south of the river Ohio, shall inure to the use of the State. All bonds for performance, executed to the governor of the said territory, shall be and pass over to the governor of this State, and his successors in office, for the use of the State, or by him or them respectively to be assigned over to the use of those concerned, as the case may be.

Sec. 3. The governor, secretary, judges, and brigadiers-general have a right, by virtue of their appointments, under the authority of the United States, to continue in the exercise of the duties of their respective offices in their several departments until the said officers are superseded under the authority of this constitution.

Sec. 4. All officers, civil and military, who have been appointed by the governor, shall continue to exercise their respective offices until the second Monday in June, and until successors in office shall be appointed under the authority of this constitution and duly qualified.

Sec. 5. The governor shall make use of his private seal until a State seal shall be provided.

Sec. 6. Until the first enumeration shall be made, as directed in the second section of the first article of this constitution, the several counties shall be respectively entitled to elect one senator and two representatives: Provided, That no new county shall be entitled to separate representation previous to taking the enumeration.

Sec. 7. That the next election for representatives and other officers to be held for the county of Tennessee shall be held at the house of William Miles.

Sec. 8. Until a land-office shall be opened, so as to enable the citizens south of French Broad and Holston, between the rivers Tennessee and Big Pigeon, to obtain titles upon their claims of occupancy and preëmption, those who hold land by virtue of such claims shall be eligible to serve in all capacities where a freehold is by this constitution made a requisite qualification.

Done in convention at Knoxville, by unanimous consent, on the sixth day of February, in the year of our Lord one thousand seven hundred and ninety-six, and of the Independence of the United States of America the twentieth. In testimony whereof we have hereunto subscribed our names.

William Blount, President.
William Maclin, Secretary.
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CONSTITUTION OF TENNESSEE—1834*a

Whereas the people of the territory of the United States south of the river Ohio, having the right of admission into the General Government as a member State thereof, consistent with the Constitution of the United States, and the act of cession of the State of North Carolina, recognizing the ordinance for the government of the territory of the United States northwest of the river Ohio, by their delegates and representatives in convention assembled, did, on the sixth day of February, in the year of our Lord one thousand seven hundred and ninety-six, ordain and establish a constitution or form of government, and mutually agree with each other to form themselves into a free and independent State, by the name of “the State of Tennessee;” and whereas the general assembly of said State of Tennessee, pursuant to the third section of the tenth article of the constitution, by an act passed on the twenty-seventh day of November, in the year of our Lord one thousand eight hundred and thirty-three, entitled “An act to provide for the calling of a convention,” did authorize and provide for the election by the people of delegates and representatives to meet at Nashville, in Davidson County, on the third Monday in May, in the year of our Lord one thousand eight hundred and thirty-four, “for the purpose of revising and amending (or changing) the constitution.”

We, therefore, the delegates and representatives of the people of the State of Tennessee, elected and in convention assembled, in pursuance of the said act of assembly, have ordained and established the following amended constitution and form of government for this State, which we recommend to the people of Tennessee for their ratification; that is to say:

Article I

DECLARATION OF RIGHTS

Section I. That all power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety, and happiness; for the advancement of those ends they have at all times an inalienable and indefeasible right to alter, reform, or abolish the government in such manner as they may think proper.

Sec. 2. That government being instituted for the common benefit, the doctrine of non-resistance against arbitrary power and oppression is absurd, slavish, and destructive to the good and happiness of mankind.

Sec. 3. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience; Edition: current; Page: [3427] that no man can of right be compelled to attend, erect, or support any place of worship, or to maintain any minister, against his consent; that no human authority can, in any case whatever, control or interfere with the rights of conscience; and that no preference shall ever be given by law to any religious establishment or mode of worship.

Sec. 4. That no religious test shall ever be required as a qualification to any office or public trust under this State.

Sec. 5. That elections shall be free and equal.

Sec. 6. That the right of trial by jury shall remain inviolate.

Sec. 7. That the people shall be secure in their persons, houses, papers, and possessions, from unreasonable searches and seizures; and that general warrants, whereby an officer may be commanded to search suspected places, without evidence of the fact committed, or to seize any person or persons not named, whose offences are not particularly described and supported by evidence, are dangerous to liberty, and ought not to be granted.

Sec. 8. That no free man 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 the law of the land.

Sec. 9. That in all criminal prosecutions the accused hath a right to be heard by himself and his counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face; to have compulsory process for obtaining witnesses in his favor; and in prosecutions by indictment or presentment, a speedy public trial, by an impartial jury of the county or district in which the crime shall have been committed; and shall not be compelled to give evidence against himself.

Sec. 10. That no person shall, for the same offence, be twice put in jeopardy of life or limb.

Sec. 11. That laws made for the punishment of facts committed previous to the existence of such laws, and by them only declared criminal, are contrary to the principles of a free government; wherefore, no ex post facto law shall be made.

Sec. 12. That no conviction shall work corruption of blood or forfeiture of estate. The estate of such persons as shall destroy their own lives shall descend or vest as in case of natural death. If any person be killed by casualty, there shall be no forfeiture in consequence thereof.

Sec. 13. That no person arrested or confined in jail shall be treated with unnecessary rigor.

Sec. 14. That no freeman shall be put to answer any criminal charge but by presentment, indictment, or impeachment.

Sec. 15. That all prisoners shall be bailable by sufficient sureties, unless for capital offences when the proof is evident or the presumption great. And the privilege of the writ of habeas corpus shall not be suspended, unless when, in case of rebellion or invasion, the public safety may require it.

Sec. 16. That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Sec. 17. That all courts shall be open; and every man, for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered Edition: current; Page: [3428] without sale, denial, or delay. Suits may be brought against the State in such manner, and in such courts, as the legislature may by law direct.

Sec. 18. That the person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditors, in such manner as shall be prescribed by law.

Sec. 19. That the printing-presses shall be free to every person who undertakes to examine the proceeedings of the legislature, or of any branch of office of government; and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty. But in prosecutions for the publication of papers investigating the official conduct of officers or men in public capacity, the truth thereof may be given in evidence; and in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other criminal cases.

Sec. 20. That no retrospective law, or law impairing the obligation of contracts, shall be made.

Sec. 21. That no man’s particular services shall be demanded, or property taken, or applied to public use, without the consent of his representatives, or without just compensation being made therefor.

Sec. 22. That perpetuities and monopolies are contrary to the genius of free State, and shall not be allowed.

Sec. 23. That the citizens have a right, in a peaceable manner, to assemble together for their common good, to instruct their representatives, and to apply to those invested with the powers of government for redress of grievances or other proper purposes, by address or remonstrance.

Sec. 24. That the sure and certain defence of a free people is a well-regulated militia; and, as standing armies in time of peace are dangerous to freedom, they ought to be avoided, as far as the circumstances and safety of the community will admit; and that in all cases the military shall be kept in strict subordination to the civil authority.

Sec. 25. That no citizen of this State, except such as are employed in the Army of the United States, or militia in actual service, shall be subjected to corporeal punishment under the martial law.

Sec. 26. That the free white men of this State have a right to keep and to bear arms for their common defence.

Sec. 27. That no soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a manner prescribed by law.

Sec. 28. That no citizen of this State shall be compelled to bear arms, provided he will pay an equivalent, to be ascertained by law.

Sec. 29. That an equal participation of the free navigation of the Mississippi is one of the inherent rights of the citizens of this State; it cannot, therefore, be conceded to any prince, potentate, power, person or persons whatever.

Sec. 30. That no hereditary emoluments, privileges, or honors shall ever be granted or conferred in this State.

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Sec. 31. That the limits and boundaries of this State be ascertained, it is declared they are as hereafter mentioned, that is to say: Beginning on the extreme height of the Stone Mountain, at the place where the line of Virginia intersects it, in latitude thirty-six degrees and thirty minutes north; running thence along the extreme height of the said mountain to the place where Watauga River breaks through it; thence a direct course to the top of the Yellow Mountain, where Bright’s road crosses the same; thence along the ridge of said mountain, between the waters of Doe River and the waters of Rock Creek, to the place where the road crosses the Iron Mountain; from thence along the extreme height of said mountain to the place where Nolichucky River runs through the same; thence to the top of the Bald Mountain; thence along the extreme height of said mountain to the Painted Rock, on French Broad River; thence along the highest ridge of said mountain to the place where it is called the Great Iron on Smoky Mountain; thence along the extreme height of said mountain to the place where it is called Unicoi or Unaka Mountain, between the Indian towns of Cowee and Old Chota; thence along the main ridge of the said mountain to the southern boundary of this State, as described in the act of cession of North Carolina to the United States of America; and that all the territory, lands, and waters lying west of the said line, as before mentioned, and contained within the chartered limits of the State of North Carolina, are within the boundaries and limits of this State, over which the people have the right of exercising sovereignty and the right of soil, so far as is consistent with the Constitution of the United States, recognizing the Articles of Confederation, the Bill of Rights, and constitution of North Carolina, the cession act of the said State, and the ordinance of Congress for the government of the territory northwest of the Ohio: Provided, Nothing herein contained shall extend to affect the claim or claims of individuals to any part of the soil which is recognized to them by the aforesaid cession act: And provided also, That the limits and jurisdiction of this State shall extend to any other land and territory now acquired, or that may hereafter be acquired by compact or agreement with other States or otherwise, although such land and territory are not included within the boundaries hereinbefore designated.

Sec. 32. The people residing south of French Broad and Holston, between the rivers Tennessee and Big Pigeon, are entitled to the right of pre-emption and occupancy in that tract.

Article II

Section 1. The powers of the government shall be divided into three distinct departments, the legislative, executive, and judicial.

Sec. 2. No person or persons belonging to one of these departments shall exercise any of the powers properly belonging to either of the others, except in the cases herein directed or permitted.

Sec. 3. The legislative authority of this State shall be vested in a general assembly, which shall consist of a senate and house of representatives, both dependent on the people.

Sec. 4. An enumeration of the qualified voters and an apportionment of the representatives in the general assembly shall be made in Edition: current; Page: [3430] the year one thousand eight hundred and forty-one, and within every subsequent term of ten years.

Sec. 5. The number of representatives shall, at the several periods of making the enumeration, be apportioned among the several counties or districts according to the number of qualified voters in each; and shall not exceed seventy-five, until the population of the State shall be one million and a half; and shall never thereafter exceed ninety-nine: Provided, That any county having two-thirds of the ratio shall be entitled to one member.

Sec. 6. The number of senators shall, at the several periods of making the enumeration, be apportioned among the several counties or districts, according to the number of qualified electors in each, and shall not exceed one-third the number of representatives. In apportioning the senators among the different counties, the fraction that may be lost by any county or counties, in the apportionment of members to the house of representatives, shall be made up to such county or counties in the senate as near as may be practicable. When a district is composed of two or more counties, they shall be adjoining; and no county shall be divided in forming a district.

Sec. 7. The first election for senators and representatives shall be held on the first Thursday in August, one thousand eight hundred and thirty-five; and forever thereafter elections for members of the general assembly shall be held once in two years, on the first Thursday in August; said elections shall terminate the same day.

Sec. 8. The first session of the general assembly shall commence on the first Monday in October, one thousand eight hundred and thirty-five; and forever thereafter the general assembly shall meet on the first Monday in October next ensuing the election.

Sec. 9. No person shall be a representative, unless he shall be a citizen of the United States of the age of twenty-one years, and shall have been a citizen of this State for three years, and a resident in the county he represents one year immediately preceding the election.

Sec. 10. No person shall be a senator unless he shall be a citizen of the United States, of the age of thirty years, and shall have resided three years in this State, and one year in the county or district, immediately preceding the election. No senator or representative shall, during the time for which he was elected, be eligible to any office or place of trust, the appointment to which is vested in the executive or the general assembly, except to the office of trustee of a literary institution.

Sec. 11. The senate and house of representatives, when assembled, shall each choose a speaker and its other officers, be judges of the qualifications and election of its members, and sit upon its own adjournments from day to day. Two-thirds of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized by law to compel the attendance of absent members.

Sec. 12. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member, but not a second time for the same offence; and shall have all other powers necessary for a branch of the legislature of a free State.

Sec. 13. Senators and representatives shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during Edition: current; Page: [3431] the session of the general assembly, and in going to and returning from the same; and, for any speech or debate in either house, they shall not be questioned in any other place.

Sec. 14. Each house may punish by imprisonment during its session any person, not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous behavior in its presence.

Sec. 15. When vacancies happen in either house, the governor for the time being shall issue writs of election to fill such vacancies.

Sec. 16. Neither house shall, during its session, adjourn without consent of the other for more than three days, nor to any other place than that in which the two houses shall be sitting.

Sec. 17. Bills may originate in either house, but may be amended, altered, or rejected by the other.

Sec. 18. Every bill shall be read once on three different days, and be passed each time in the house where it originated, before transmission to the other. No bill shall become a law until it shall be read and passed on three different days in each house, and be signed by the respective speakers.

Sec. 19. After a bill has been rejected, no bill containing the same substance shall be passed into a law during the same session.

Sec. 20. The style of the laws of this State shall be, “Be it enacted by the general assembly of the State of Tennessee.

Sec. 21. Each house shall keep a journal of its proceedings, and publish it, except such parts as the welfare of the State may require to be kept secret; the ayes and nays shall be taken in each house upon the final passage of every bill of a general character, and bills making appropriations of public moneys; and the ayes and noes of the members on any question shall, at the request of any two of them, be entered on the journal.

Sec. 22. The doors of each house and of committees of the whole shall be kept open, unless when the business shall be such as ought to be kept secret.

Sec. 23. The sum of four dollars per day, and four dollars for every twenty-five miles travelling to and from the seat of government, shall be allowed to the members of the first general assembly, as a compensation for their services. The compensation of the members of the succeeding legislatures shall be ascertained by law; but no law increasing the compensation of the members shall take effect until the commencement of the next regular session after such law shall have been enacted.

Sec. 24. No money shall be drawn from the treasury but in consequence of appropriations made by law; and an accurate statement of the receipts and expenditures of the public money shall be attached to and published with the laws at the rise of each stated session of the general assembly.

Sec. 25. No person who heretofore hath been, or may hereafter be, a collector or holder of public moneys, shall have a seat in either house of the general assembly until such person shall have accounted for and paid into the treasury all sums for which he may be accountable or liable.

Sec. 26. No judge of any court of law or equity, secretary of state, attorney-general, register, clerk of any court of record, or person holding any office under the authority of the United States, shall have a seat in the general assembly; nor shall any person in this State Edition: current; Page: [3432] hold more than one lucrative office at the same time: Provided, That no appointment in the militia, or to the office of justice of the peace, shall be considered a lucrative office, or operate as a disqualification to a seat in either house of the general assembly.

Sec. 27. Any member of either house of the general assembly shall have liberty to dissent from, and protest against, any act or resolve which he may think injurious to the public or to any individual, and to have the reasons for his dissent entered on the journals.

Sec. 28. All lands liable to taxation, held by deed, grant, or entry, town-lots, bank-stock, slaves between the ages of twelve and fifty years, and such other property as the legislature may from time to time deem expedient, shall be taxable. All property shall be taxed according to its value; that value to be ascertained in such manner as the legislature shall direct, so that the same shall be equal and uniform throughout the State. No one species of property from which a tax may be collected shall be taxed higher than any other species of property of equal value. But the legislature shall have power to tax merchants, pedlers, and privileges, in such manner as they may, from time to time, direct. A tax on white polls shall be laid, in such manner and of such an amount as may be prescribed by law.

Sec. 29. The general assembly shall have power to authorize the several counties and incorporated towns in this State to impose taxes for county and corporation purposes respectively, in such manner as shall be prescribed by law; and all property shall be taxed according to its value, upon the principles established in regard to State taxation.

Sec. 30. No article manufactured of the produce of this State shall be taxed otherwise than to pay inspection fees.

Sec. 31. The general assembly shall have no power to pass laws for the emancipation of slaves, without the consent of their owner or owners.

Article III

Section 1. The supreme executive power of this State shall be vested in a governor.

Sec. 2. The governor shall be chosen by the electors of the members of the general assembly, at the times and places where they shall respectively vote for the members thereof. The returns of every election for governor shall be sealed up, and transmitted to the seat of government, by the returning officers, directed to the speaker of the senate, who shall open and publish them in the presence of a majority of the members of each house 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, one of them shall be chosen governor by joint vote of both houses of the general assembly. Contested elections for governor shall be determined by both houses of the general assembly, in such manner as shall be prescribed by law.

Sec. 3. He shall be at least thirty years of age, shall be a citizen of the United States, and shall have been a citizen of this State seven years next before his election.

Sec. 4. The governor shall hold his office for two years, and until his successor shall be elected and qualified. He shall not be eligible more than six years in any term of eight.

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Sec. 5. He 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 service of the United States.

Sec. 6. He shall have power to grant reprieves and pardons, after conviction, except in cases of impeachment.

Sec. 7. He shall, at stated times, receive a compensation for his services, which shall not be increased or diminished during the period for which he shall have been elected.

Sec. 8. He may require information, in writing, from the officers in the executive department, upon any subject relating to the duties of their respective offices.

Sec. 9. He may, on extraordinary occasions, convene the general assembly, by proclamation; and shall state to them, when assembled, the purposes for which they shall have been convened; but they shall enter on no legislative business except that for which they were especially called together.

Sec. 10. He shall take care that the laws be faithfully executed.

Sec. 11. He shall, from time to time, give to the general assembly information of the state of the government, and recommend to their consideration such measures as he shall judge expedient.

Sec. 12. In case of the removal of the governor from office, or of his death or resignation, the powers and duties of the office shall devolve on the speaker of the senate; and in case of the death, removal from office, or resignation of the speaker of the senate, the powers and duties of the office shall devolve on the speaker of the house of representatives.

Sec. 13. No member of Congress, or person holding any office under the United States or this State, shall execute the office of governor.

Sec. 14. When any officer, the right of whose appointment is by this constitution vested in the general assembly, shall, during the recess, die, or the office, by the expiration of the term, or by other means, become vacant, the governor shall have the power to fill such vacancy, by granting a temporary commission, which shall expire at the end of the next session of the legislature.

Sec. 15. There shall be a seal of this State, which shall be kept by the governor, and used by him officially, and shall be called “The Great Seal of the State of Tennessee.”

Sec. 16. All grants and commissions shall be in the name and by the authority of the State of Tennessee, be sealed with the State seal, and signed by the governor.

Sec. 17. A secretary of state shall be appointed by joint vote of the general assembly, and commissioned during the term of four years; he shall keep a fair register of all the official acts and proceedings of the governor, and shall, when required, lay the same, and all papers, minutes, and vouchers relative thereto, before the general assembly, and shall perform such other duties as shall be enjoined by law.

Article IV

Section 1. Every free white man of the age of twenty-one years, being a citizen of the United States, and a citizen of the county wherein he may offer his vote six months next preceding the day of election, shall be entitled to vote for members of the general assembly, Edition: current; Page: [3434] and other civil officers for the county or district in which he resides: Provided, That no person shall be disqualified from voting in any election on account of color, who is now, by the laws of this State, a competent witness in a court of justice against a white man. All free men of color shall be exempt from military duty in time of peace, and also from paying a free poll-tax.

Sec. 2. Laws may be passed excluding from the right of suffrage persons who may be convicted of infamous crimes.

Sec. 3. Electors shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest or summons during their attendance at elections, and in going to and returning from them.

Sec. 4. In all elections to be made by the general assembly, the members thereof shall vote viva voce; and their votes shall be entered on the journal. All other elections shall be by ballot.

Article V

Section 1. The house of representatives shall have the sole power of impeachment.

Sec. 2. All impeachments shall be tried by the senate; when sitting for that purpose, the senators shall be upon oath or affirmation. No person shall be convicted without the concurrence of two-thirds of the senators sworn to try the officer impeached.

Sec. 3. The house of representatives shall elect, from their own body, three members, whose duty it shall be to prosecute impeachments. No impeachment shall be tried until the legislature shall have adjourned sine die, when the senate shall proceed to try such impeachment.

Sec. 4. The governor, judges of the supreme court, judges of inferior courts, chancellors, attorneys for the State, and secretary of state, shall be liable to impeachment, whenever they may, in the opinion of the house of representatives, commit any crime in their official capacity which may require disqualification; but judgment shall only extend to removal from office, and disqualification to fill any office thereafter. The party shall, nevertheless, be liable to indictment, trial, judgment, and punishment, according to law.

Sec. 5. Justices of the peace and other civil officers not hereinbefore mentioned, for crimes or misdemeanors in office, shall be liable to indictment in such courts as the legislature may direct; and upon conviction, shall be removed from office, by said court, as if found guilty on impeachment; and shall be subject to such other punishment as may be prescribed by law.

Article VI

Section 1. The judicial power of this State shall be vested in one supreme court, in such inferior courts as the legislature shall from time to time ordain and establish, and the judges thereof, and in justices of the peace. The legislature may also vest such jurisdiction as may be deemed necessary in corporation courts.

Sec. 2. The supreme court shall be composed of three judges, one of whom shall reside in each of the grand divisions of the State; the concurrence of two of said judges shall in every case be necessary to a decision. The jurisdiction of this court shall be appellate only, Edition: current; Page: [3435] under such restrictions and regulations as may from time to time be prescribed by law; but it may possess such other jurisdiction as is now conferred by law on the present supreme court. Said courts shall be held at one place, and at one place only, in each of the three grand divisions in the State.

Sec. 3. The general assembly shall, by joint vote of both houses, appoint judges of the several courts of law and equity; but courts may be established to be holden by justices of the peace. Judges of the supreme court shall be thirty-five years of age, and shall be elected for the term of twelve years.

Sec. 4. The judges of such inferior courts as the legislature may establish shall be thirty years of age, and shall be elected for the term of eight years.

Sec. 5. The legislature shall elect attorneys for the State, by joint vote of both houses of the general assembly, who shall hold their offices for the term of six years. In all cases where an attorney for any district fails or refuses to attend and prosecute according to law, the court shall have power to appoint an attorney pro tempore.

Sec. 6. Judges and attorneys for the State may be removed from office by a concurrent vote of both houses of the general assembly, each house voting separately; but two-thirds of all the members elected to each house must concur in such vote. The vote shall be determined by ayes and noes, and the names of the members voting for or against the judge or attorney for the State, together with the cause or causes of removal, shall be entered on the journals of each house respectively. The judge or attorney for the State, against whom the legislature may be about to proceed, shall receive notice thereof, accompanied with a copy of the causes alleged for his removal, at least ten days before the day on which either house of the general assembly shall act thereupon.

Sec. 7. The judges of the supreme and inferior courts shall, at stated times, receive a compensation for their services, to be ascertained by law, which shall not be increased or diminished during the time for which they are elected. They shall not be allowed any fees or perquisites of office, nor hold any other office of trust or profit under this State or the United States.

Sec. 8. The jurisdiction of such inferior courts as the legislature may from time to time establish shall be regulated by law.

Sec. 9. Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law.

Sec. 10. The judges or justices of such inferior courts of law as the legislature may establish shall have power, in all civil cases, to issue writs of certiorari to remove any cause, or transcript thereof, from any inferior jurisdiction into said court, on sufficient cause, supported by oath or affirmation.

Sec. 11. No judge of the supreme or inferior courts shall preside on the trial of any cause in the event of which he may be interested, or where either of the parties shall be connected with him by affinity or consanguinity, within such degrees as may be prescribed by law, or in which he may have been of counsel, or in which he may have presided in any inferior court, except by consent of all the parties. In case all or any of the judges of the supreme court shall be thus disqualified from presiding on the trial of any cause or causes, the court, or the judges thereof, shall certify the same to the governor of Edition: current; Page: [3436] the State, and he shall forthwith specially commission the requisite number of men of law knowledge for the trial and determination thereof. In case of sickness of any of the judges of the supreme or inferior courts, so that they or any of them are unable to attend, the legislature shall be authorized to make provision by the general laws that special judges may be appointed to attend said courts.

Sec. 12. All writs and other process shall run in the name of the State of Tennessee, and bear test and be signed by the respective clerks. Indictments shall conclude “against the peace and dignity of the State.”

Sec. 13. Judges of the supreme court shall appoint their clerks, who shall hold their offices for the period of six years. Chancellors (if courts of chancery shall be established) shall appoint their clerks and masters, who shall hold their offices for the period of six years. Clerks of such inferior courts as may be hereafter established, which shall be required to be holden in the respective counties of this State, shall be elected by the qualified voters thereof, for the term of four years; they shall be removed from office for malfeasance, incompetency, or neglect of duty, in such manner as may be prescribed by law.

Sec. 14. No fine shall be laid on any citizen of this State that shall exceed fifty dollars, unless it shall be assessed by a jury of his peers, who shall assess the fine at the time they find the fact, if they think the fine should be more than fifty dollars.

Sec. 15. The different counties in this State shall be laid off, as the general assembly may direct, into districts of convenient size, so that the whole number in each county shall not be more than twenty-five, or four for every one hundred square miles. There shall be two justices of the peace and one constable elected in each district, by the qualified voters therein, except districts including county towns, which shall elect three justices and two constables. The jurisdiction of said officers shall be coextensive with the county. Justices of the peace shall be elected for the term of six, and constables for the term of two years. Upon the removal of either of said officers from the district in which he was elected, his office shall become vacant from the time of such removal. Justices of the peace shall be commissioned by the governor. The legislature shall have power to provide for the appointment of an additional number of justices of the peace in incorporated towns.

Article VII

Section 1. There shall be elected in each county, by the qualified voters therein, one sheriff, one trustee, and one register; the sheriff and trustee for two years, and the register for four years: Provided, That no person shall be eligible to the office of sheriff more than six years in any term of eight years. There shall be elected for each county, by the justices of the peace, one coroner and one ranger, who shall hold their offices for two years. Said officers shall be removed for malfeasance, or neglect of duty, in such manner as may be prescribed by law.

Sec. 2. Should a vacancy occur, subsequent to an election, in the office of sheriff, trustee, or register, it shall be filled by the justices; if in that of the clerks to be elected by the people, it shall be filled by the courts; and the person so appointed shall continue in office until Edition: current; Page: [3437] his successor shall be elected and qualified; and such office shall be filled by the qualified voters at the first election for any of the county officers.

Sec. 3. There shall be a treasurer or treasurers appointed for the State, by the joint vote of both houses of the general assembly, who shall hold his or their offices for two years.

Sec. 4. The election of all officers, and the filling of all vacancies that may happen, by death, resignation, or removal, not otherwise directed or provided for by this constitution, shall be made in such manner as the legislature shall direct.

Sec. 5. The legislature shall provide that the election of the county and other officers by the people shall not take place at the same time that the general elections are held for members of Congress, members of the legislature, and governor. The elections shall commence and terminate on the same day.

Article VIII

Section 1. All militia officers shall be elected by persons subject to military duty, within the bounds of their several companies, battalions, regiments, brigades, and divisions, under such rules and regulations as the legislature may, from time to time, direct and establish.

Sec. 2. The governor shall appoint the adjutant-general and his other staff-officers; the majors-general, brigadiers-general, and commanding officers of regiments shall, respectively, appoint their staff-officers.

Sec. 3. The legislature shall pass laws exempting citizens belonging to any sect or denomination of religion, the tenets of which are known to be opposed to the bearing of arms, from attending private and general musters.

Article IX

Section 1. Whereas ministers of the gospel are, by their profession, dedicated to God and the care of souls, and ought not to be diverted from the great duties of their functions; therefore, no minister of the gospel, or priest of any denomination whatever, shall be eligible to a seat in either house of the legislature.

Sec. 2. No person who denies the being of God or a future state of rewards and punishments, shall hold any office in the civil department of this State.

Sec. 3. Any person who shall, after the adoption of this constitution, fight a duel, or knowingly be the bearer of a challenge to 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 the right to hold any office of honor or profit in this State, and shall be punished otherwise in such manner as the legislature may prescribe.

Article X

Section 1. Every person who shall be chosen or appointed to any office of trust or profit under this constitution, or any law made in pursuance thereof, shall, before entering on the duties thereof, take an oath to support the constitution of this State and of the United States, and an oath of office.

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Sec. 2. Each member of the senate and house of representatives shall, before they proceed to business, take an oath or affirmation to support the constitution of this State, and of the United States, and also the following oath: “I, ——— ———, do solemnly swear [or affirm] that, as a member of this general assembly, I will, in all appointments, vote without favor, affection, partiality, or prejudice; and that I will not propose or assent to any bill, vote, or resolution which shall appear to me injurious to the people, or consent to any act or thing whatever that shall have a tendency to lessen or abridge their rights and privileges as declared by the constitution of this State.”

Sec. 3. Any elector who shall receive any gift or reward for his vote, in meat, drink, money, or otherwise, shall suffer such punishment as the laws shall direct. And any person who shall directly or indirectly give, promise, or bestow any such reward to be elected, shall thereby be rendered incapable, for six years, to serve in the office for which he was elected, and be subject to such further punishment as the legislature shall direct.

Sec. 4. New counties may be established by the legislature, to consist of not less than three hundred and fifty square miles, and which shall contain a population of four hundred and fifty qualified voters. No line of such county shall approach the court-house of any old county from which it may be taken nearer than twelve miles. No part of a county shall be taken to form a new county, or a part thereof, without the consent of a majority of the qualified voters in such part taken off. And in all cases where an old county may be reduced for the purpose of forming a new one, the seat of justice in said old county shall not be removed without the concurrence of two-thirds of both branches of the legislature, nor shall said old county be reduced to less than six hundred and twenty-five square miles: Provided, however, That the county of Bedford may be reduced to four hundred and seventy-five square miles; and there shall not be laid off more than one new county on the west, and one on the east, adjoining the county of the dividing line, a majority of the qualified voters of said county voting in favor of said division; the counties of Carter, Rhea, and Humphreys shall not be divided into more than two counties each; nor shall more than one new county be taken out of the territory now composing the counties of Tipton and Dyer; nor shall the seats of justice in the counties of Rhea, Carter, Tipton, and Dyer be removed, without the concurrence of two-thirds of both branches of the legislature. The county of Sullivan may be reduced below the contents of six hundred and twenty-five square miles, but the line of any new county which may hereafter be laid off shall not approach the county-seat of said county nearer than ten miles. The counties of Marion and Bledsoe shall not be reduced below one thousand qualified voters each in forming a new county or counties.

Sec. 5. The citizens who may be included in any new county shall vote with the county or counties from which they may have been stricken off, for members of Congress, for governor, and for members of the general assembly, until the next apportionment of members to the general assembly after the establishment of such new county.

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Article XI

Section 1. All laws and ordinances now in force and use in this State, not inconsistent with this constitution, shall continue in force and use until they shall expire, be altered, or repealed by the legislature.

Sec. 2. Nothing contained in this constitution shall impair the validity of any debts or contracts, or affect any rights of property, or any suits, actions, rights of action, or other proceedings in courts of justice.

Sec. 3. Any amendment or amendments to this constitution may be proposed in the senate or house of representatives; and if the same shall be agreed to by a majority of all the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays thereon, and referred to the general assembly then next to be chosen; and shall be published for six months previous to the time of making such choice. And if in the general assembly next chosen as aforesaid such proposed amendment or amendments shall be agreed to by two-thirds of all the members elected to each house, then it shall be the duty of the general assembly to submit such proposed amendment or amendments to the people, in such manner and at such time as the general assembly shall prescribe. And if the people shall approve and ratify such amendment or amendments, by a majority of all the citizens of the State voting for representatives, voting in their favor, such amendment or amendments shall become part of this constitution. When any amendment or amendments to the constitution shall be proposed in pursuance of the foregoing provisions, the same shall at each of the said sessions be read three times on three several days in each house. The legislature shall not propose amendments to the constitution oftener than once in six years.

Sec. 4. The legislature shall have no power to grant divorces, but may authorize the courts of justice to grant them for such causes as may be specified by law: Provided, That such laws be general and uniform in their operation throughout the State.

Sec. 5. The legislature shall have no power to authorize lotteries for any purpose, and shall pass laws to prohibit the sale of lottery-tickets in this State.

Sec. 6. The legislature shall fix the rate of interest; and the rate so established shall be equal and uniform throughout the State.

Sec. 7. The legislature shall have no power to suspend any general law for the benefit of any particular individual, nor to pass any law for the benefit of individuals inconsistent with the general laws of the land; nor to pass any law granting to any individual or individuals rights, privileges, immunities, or exemptions other than such as may be by the same law extended to any member of the community who may be able to bring himself within the provisions of such law: Provided always, The legislature shall have power to grant such charters of corporation as they may deem expedient for the public good.

Sec. 8. The legislature shall have the right to vest such powers in the courts of justice, with regard to private and local affairs, as may be deemed expedient.

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Sec. 9. A well-regulated system of internal improvement is calculated to develop the resources of the State, and promote the happiness and prosperity of her citizens; therefore, it ought to be encouraged by the general assembly.

Sec. 10. Knowledge, learning, and virtue being essential to the preservation of republican institutions, and the diffusion of the opportunities and advantages of education throughout the different portions of the State being highly conducive to the promotion of this end, it shall be the duty of the general assembly, in all future periods of this government, to cherish literature and science. And the fund called the “common-school fund,” and all the lands and proceeds thereof, dividends, stocks, and other property of every description whatever, heretofore by law appropriated by the general assembly of this State for the use of common schools, and all such as shall hereafter be appropriated, shall remain a perpetual fund, the principal of which shall never be diminished by legislative appropriation, and the interest thereof shall be inviolably appropriated to the support and encouragement of common schools throughout the State, and for the equal benefit of all the people thereof; and no law shall be made authorizing said fund, or any part thereof, to be diverted to any other use than the support and encouragement of common schools; and it shall be the duty of the general assembly to appoint a board of commissioners, for such term of time as they may think proper, who shall have the general superintendence of said fund, and who shall make a report of the condition of the same, from time to time, under such rules, regulations, and restrictions as may be required by law: Provided, That if at any time hereafter a division of the public lands of the United States, or of the money arising from the sales of such lands, shall be made among the individual States, the part of such lands or money coming to this State shall be devoted to the purposes of education and internal improvement and shall never be applied to any other purpose.

Sec. 11. The above provisions shall not be construed to prevent the legislature from carrying into effect any laws that have been passed in favor of the colleges, universities, or academies, or from authorizing heirs or distributees to receive and enjoy escheated property, under such rules and regulations as from time to time may be prescribed by law.

Sec. 12. The declaration of rights hereto prefixed is declared to be a part of the constitution of this State, and shall never be violated on any pretence whatever. And to guard against transgression of the high powers we have delegated, we declare that everything in the bill of rights contained is excepted out of the general powers of government, and shall forever remain inviolate.

Schedule

Section 1. That no inconvenience may arise from a change of the constitution, it is declared that all officers, civil and military, shall continue to hold their offices; and all the functions appertaining to the same shall be exercised and performed according to the existing laws and constitution, until the end of the first session of the general assembly which shall sit under this constitution, and until the government can be reorganized and put into operation under this constitution, Edition: current; Page: [3441] in such manner as the first general assembly aforesaid shall prescribe, and no longer.

Sec. 2. The general assembly which shall sit after the first apportionment of representation under the new constitution, to wit, in the year one thousand eight hundred and forty-three, shall, within the first week after the commencement of the session, designate and fix the seat of government; and when so fixed, it shall not be removed, except by the consent of two-thirds of the members of both houses of the general assembly. The first and second sessions of the general assembly under this constitution shall be held in Nashville.

Sec. 3. Until a land-office shall be opened, so as to enable the citizens south and west of the congressional reservation-line to obtain titles upon their claims of occupancy, those who hold lands by virtue of such claims shall be eligible to serve in all capacities where a freehold is, by the laws of the State, made a requisite qualification.

Done in convention, at Nashville, this thirtieth day of August, one thousand eight hundred and thirty-four, and of the Independence of the United States of America the fifty-ninth.

William B. Carter, President.
William K. Hill, Secretary.

ORDINANCE

I. Ordered, That it shall be the duty of the several officers of this State, authorized by law to hold elections for members of the general assembly, to open and hold an election, at the places of holding elections for members to the general assembly, in their respective counties, on the first Thursday and Friday in March next, for the purpose of receiving the votes of such qualified voters as may desire to vote for the adoption or rejection of this amended constitution: Provided, That no person shall be deemed a qualified voter in said election except such as are included within the provisions of the first section of the fourth article of this amended constitution.

II. Ordered, That it shall be the duty of said returning officers in each county in this State to prepare poll-books, which shall be opened on said days of election, and in which shall be enrolled the name of each voter by the assistance of clerks, who shall be appointed and sworn as clerks in other elections. Said officers shall prepare a ballot-box, in which shall be placed the ticket of each voter. Each ticket shall have written thereon the words “I ratify the amended constitution;” or, if the voter is opposed to it, “I reject the amended constitution;” or the words “Ratification” or “Rejection,” or some such words as will distinctly convey the intention of the voter. The justices of the several county courts in this State, at some time previous to the day of said election, shall appoint three inspectors for each precinct, and in case of failure of the courts to appoint inspectors, then said returning officers shall appoint them. It shall be the duty of said returning officers, in presence of the said inspectors, to count the votes given for the ratification and rejection of the constitution, of which they shall keep a true and correct estimate in said poll-book. Said returning officer shall deposit the original poll-books of said election with the clerk of the county court in their respective counties, and shall, within five days after said election, make out Edition: current; Page: [3442] duplicate statements of the number of votes in their respective counties for ratifying and rejecting the constitution, and shall forward by mail one of said certificates to the governor, one to the secretary of state, and shall likewise deposit one with the clerk of the county court. It shall be the duty of said several clerks carefully to examine the said poll-books, and forthwith to certify to the secretary of state a full, true, and perfect statement of the number of votes taken for and against the constitution, as appears from the poll-books filed in their office. Should said returning officers, or any of them, fail to make returns in due time, as above directed, the secretary of state shall then be authorized to despatch a special messenger for the purpose of obtaining a certified copy of the result of said elections.

III. Ordered, That upon the receipt of the said returns it shall be the duty of the governor, secretary of state, and any one of the judges of the supreme court, or any two of the said named officers, to compare the votes given in said election for the ratification and rejection of the amended constitution; and if it shall appear from said returns that a majority of all the votes given in said election is for ratifying the amended constitution, then it shall be the duty of the governor forthwith to make proclamation of that fact, and thenceforth this amended constitution shall be ordained and established as the constitution of the State of Tennessee. It shall moreover be the duty of the governor, in and by said proclamation, to command the sheriffs and other officers directed by law to hold and superintend elections, to open the polls of elections at the places of holding elections for members of the general assembly in their respective counties, on the first Thursday in August, one thousand eight hundred and thirty-five, for the purpose of electing a governor and for the election of senators and representatives to the general assembly of this State from the several districts and counties, as mentioned and described in this ordinance, at which times and places elections shall also be held for members of Congress, and said officers shall make returns of said elections under the same rules and regulations as are now required by the existing laws; and it shall be the duty of the secretary of state to record the returns made from each county or district, and the result of said election, in a bound book to be preserved in his office.

IV. Be it further ordered, That if any sheriff or other acting officer shall fail, within the time prescribed by this ordinance, to discharge any of the duties hereby required, such sheriff or other returning officer so failing as aforesaid shall forfeit and pay the sum of five thousand dollars, to be recovered by action of debt in any of the courts of record in this State, to be sued for in the name of the governor for the use and benefit of common schools.

V. Be it further ordered, That until the first enumeration and apportionment of representation, in one thousand eight hundred and forty-one, as directed by the amended constitution, the following districts shall be formed, each of which shall elect one senator, and the polls of election shall be compared at the several places herein mentioned on the first Monday succeeding the day of election, to wit:

  • The counties of Carter, Sullivan, and Washington shall form one district; and the polls shall be compared in the town of Jonesborough.
  • The counties of Greene and Hawkins shall compose one district; and the polls shall be compared in the town of Greenville. Edition: current; Page: [3443]
  • The counties of Cocke, Sevier, Jefferson, and Blount shall form one district; and the polls shall be compared in the town of Sevierville.
  • The counties of Grainger, Claiborne, Campbell, Anderson, and Morgan shall compose one district; and the polls shall be compared at the house of Robert Glenn, esq., in Campbell County.
  • The counties of Knox and Roane shall form one district; and the polls shall be compared at Campbell’s Station.
  • The counties of Munroe and McMinn shall compose one district; and the polls shall be compared in the town of Athens.
  • The counties of Rhea, Bledsoe, Marion, and Hamilton shall compose one district; and the polls shall be compared at the town of Dallas.
  • The counties of Warren and Franklin shall compose one district; and the polls shall be compared at Hillsborough.
  • The counties of Overton, Jackson, Fentress, and White shall compose one district; and the polls shall be compared at Livingston.
  • The counties of Lincoln and Giles shall compose one district; and the polls shall be compared at the house of John Kennedy.
  • The counties of Smith and Sumner shall compose one district; and the polls shall be compared at Hartsville.
  • The county of Bedford shall compose one district; and the polls shall be compared at Shelbyville.
  • The county of Maury shall compose one district; and the polls shall be compared in Columbia.
  • The county of Rutherford shall compose one district; and the polls shall be compared in Murfreesborough.
  • The county of Davidson shall compose one district; and the polls shall be compared in the city of Nashville.
  • The county of Williamson shall compose one district; and the polls shall be compared in the town of Franklin.
  • The counties of Lawrence, Wayne, and Hickman shall compose one district; and the polls shall be compared at Catron and Napier’s Furnace.
  • The counties of Dickson, Stewart, and Humphreys shall compose one district; and the polls shall be compared at Simmons’s old place on Yellow Creek.
  • The counties of Robertson and Montgomery shall compose one district; and the polls shall be compared at Port Royal.
  • The county of Wilson shall compose one district; and the polls shall be compared in Lebanon.
  • The counties of Hardeman, Fayette, and Shelby shall compose one district; and the polls shall be compared in Sommerville.
  • The counties of Madison, Haywood, and Tipton shall compose one district; and the polls shall be compared in Brownsville.
  • The counties of Carroll, Gibson, and Dyer shall compose one district; and the polls shall be compared in Trenton.
  • The counties of Henry, Weakley, and Obion shall compose one district; and the polls shall be compared in Dresden.
  • The counties of Henderson, Perry, McNairy, and Hardin shall compose one district; and the polls shall be compared at the house of James Wright, in Hardin County.

And until said enumeration and apportionment of one thousand eight hundred and forty-one, the counties of Carter, Sullivan, Washington, Edition: current; Page: [3444] Greene, Hawkins, Cocke, Sevier, Jefferson, Blount, Grainger, Claiborne, Knox, Roane, Monroe, McMinn, Rhea, and Bledsoe shall each elect one representative; and the polls shall be compared at their respective court-houses.

  • The counties of Sullivan and Hawkins shall jointly elect one representative; and shall compare the polls at Kingsport.
  • The counties of Greene and Washington shall jointly elect one representative; and the polls shall be compared at the house of Joshua Royston, esq.
  • The counties of Knox and Roane shall jointly elect one representative; and the polls shall be compared at Campbell’s Station.
  • The counties of Monroe and McMinn shall jointly elect one representative; and the polls shall be compared at Athens.
  • The counties of Campbell, Anderson and Morgan shall jointly elect two representatives; and the polls shall be compared at the house of James Ross, esq., in Anderson County.
  • The counties of Marion and Hamilton shall jointly elect one representative; and the polls shall be compared at Dallas.
  • The counties of Warren, Franklin, Bedford, Lincoln, Giles, Maury, Rutherford, Williamson, Davidson, Wilson, Smith, and Sumner shall each elect two representatives; and the polls shall be compared at their respective court-houses.
  • The counties of Lawrence, Wayne, Hickman, Dickson, Humphreys, Montgomery, Stewart, Robertson, Overton, Jackson, Fentress, White, Hardin, McNairy, Hardeman, Fayette, Shelby, Perry, Henderson, Madison, Haywood, Tipton, Carroll, Gibson, Henry, and Weakley shall each elect one representative; and the polls shall be compared at their respective court-houses.
  • The counties of Obion and Dyer shall jointly elect one representative; and the polls shall be compared at the house of William Terrel, esq., in Dyer County.

The returns of the elections for representatives shall be made at the several places herein pointed out, on the first Saturday succeeding the day of election.

William B. Carter, President.
William K. Hill, Secretary.

AMENDMENTS TO THE CONSTITUTION OF 1834

(Ratified November 3, 1853)*

Art. VI. Sec. 3. The judges of the supreme court shall be elected by the qualified voters of the State at large, and the judges of such inferior courts as the legislature may establish shall be elected by the qualified voters residing within the bounds of any district or circuit to which such inferior judge or judges, either of law or equity, may be assigned by ballot, in the same manner that members of the general assembly are elected. Courts may be established to be holden by justices of the peace. Judges of the supreme court shall be thirty-five years of age, and shall be elected for the term of eight years.

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Sec. 4. The judges of such inferior courts as the legislature may establish shall be thirty years of age, and shall be elected for the term of eight years.

Sec. 5. An attorney-general for the State shall be elected by the qualified voters of the State at large, and the attorney for the State for any circuit or district to which a judge of an inferior court may be assigned shall be elected by the qualified voters within the bounds of such district or circuit, in the same manner that members of the general assembly are elected; all said attorneys, both for the State and circuit or district, shall hold their offices for the term of six years. In all cases where the attorney for any district fails or refuses to attend and prosecute according to law, the court shall have power to appoint an attorney pro tempore.

(Ratified November 3, 1853)*

The legislature shall appoint a day for holding the election of judges and attorneys-general, separate and apart from the days already prescribed or hereafter to be prescribed by the legislature for holding the elections for State and county officers.

(Ratified February 22, 1866)a

Article I. Section 1. That slavery and involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, are hereby forever abolished and prohibited throughout the State.

Sec. 2. The legislature shall make no law recognizing the right of property in man.

SCHEDULE

Section 1. Section thirty-one of the second article of the constitution, which is as follows: “The general assembly shall have no power to pass laws for the emancipation of slaves, without the consent of their owner or owners,” is hereby abrogated.

Sec. 2. “The declaration of independence and ordinance dissolving the federal relations between the State of Tennessee and the United States of America,” passed and promulgated by the legislature of Tennessee on the 6th day of May, 1861, by which the State was declared separated from the Federal Union, and all laws and ordinances by which Tennessee became a member of the Federal Union, annulled and abrogated, was in like manner an act of treason and usurpation, unconstitutional, null, and void.

Sec. 3. The convention, agreement, and military leagues entered into by the commissioners of the State of Tennessee and the commissioners of the so-called Confederate States of America, made May 7, 1861, and on the same day ratified and confirmed by the legislature, was an act of treason and usurpation, unconstitutional, null, and void.

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Sec. 4. No statute of limitations shall be held to operate from and after the 6th day of May, 1861, until such time hereafter as the legislature may prescribe, nor shall any writ of error be refused, or abated in any cause, or suit decided since the 6th day of May, 1861, and prior to this time, by reason of any lapse of time. And in all actions for torts brought, or which may hereafter be brought in the courts of this State by attachment levied upon the property of the defendant, the court shall have power to proceed to judgment and collection of the same, as upon contracts, without personal service of process upon the defendant, until the legislature may see fit to change the law in such cases.

Sec. 5. All laws, ordinances, and resolutions, as well as all acts done in pursuance thereof, under the authority of the usurped State government after the declared independence of the State of Tennessee, on or after the 6th day of May, 1861, were unconstitutional, null, and void from the beginning: Provided, That this section shall not be construed as to effect any judicial decisions made by the State courts held at times differing from those provided by law prior to May 6, 1861; said judicial decisions being made pursuant to the laws of the State of Tennessee enacted previous to said date, and between parties present in courts and litigating their rights.

Sec. 6. All laws, ordinances, and resolutions of the usurped State governments, passed on or after the 6th day of May, 1861, providing for the issuance of State bonds, also all notes of the Bank of Tennessee, or any of its branches, issued on or after the 6th day of May, 1861, and all