mm^mm^^&m^ ^ = of 0! ^ 3 51 5 1 3 == m 6 ^^== J> 4 GONSTFTlJl .^aww»«Bii«M3«»«B««««jii.pii>rj,*^ 4. • ■'(, 1 \.». .S.iyi..li iO^ v'fiiss*«s!w«jMOTtiNy;£^i)>rft*M,' .. '•»*\y')Wirt«',';syiWiK*^s'. :<•; <-•'■'■.■, ■"..•' ag^;-^ :^ r. THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES CONSTITUTION OF THE COMMON AVE A LTII OF SOUTH CAROLINA, RATIFIED APRIL 16, 1868. TOGETHER WITH THE CONSTITUTION OF THE United States of America. Printed by order of the Senate of South Carolina. COLUMBIA, S. C. Charles A. Calvo, Jr., State Printer. 1883. This is to certify that this Constitution was adopted by a majority of votes by the Constitutional Conven- tion of the State of South Carolina assembled under the Reconstruction Acts of Congress, and which was held at Charleston, beginning on the fourteenth day of January and ending on the seventeenth day of March, in the year of our Lord one thousand eight hundred and sixty-eight, and in the ninety-second year of the sovereignty and independence of the United States of America, and was ratified by the votes of a majority of the qualified electors of the State at an election which was holden on the fourteenth, fifteenth and six- teenth days of April in the same year. .1 I J Tt-- i /i CONSTITUTION. We^ the People of the State of South Carolina., in Convention assembled^ Grateful to Almighty God for this opportunity deliberately and peaceably Declaration of entering into an explicit and solemn com- °^ "^^'^• pact with each other, and forming a new Constitution of civil government for ourselves and posterity, recog- nizing 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 GOVEIINMENT AS THE CONSTITUTION OF THE COMMONWEALTH OF SOUTH CAROLINA. ARTICLE 1. DECLAEATION OF EIGHTS. Section 1. All men are born free and equal — en- dowed by their Creator with certain inalien- Equality of able rights, among which are the rights of ^'^^• enjoying and defending their lives and liberties, of ac- quiring, possessing and protecting property, and of seeking and obtaining their safety and happiness. Section 2. Slavery shall never exist in this State ; neither shall involuntary servitude, except as silvery pro- a punishment for crime, whereof the party ^'^ted. shall have been duly convicted. 567105 4 CONSTITUTION. OF Section 3. All political power is vested in and de- Poiiticaipow- rived from the people only ; therefore they cr vested ID the people. 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. Section 4. Every citizen of this State owes para- Paramount ^louut allcgiancc to the Constitution and allegiance. Govcmment of the United States, and no law or ordinance of this State in contravention or sub- version thereof can have any binding force. Section 5. This State shall ever remain a member of The Union ^^^ Amcrlcau Union, and all attempts, from indissoluble, whatsocver source, or upon whatever pretext, to dissolve the said Union shall be resisted with the whole power of the State. Section 6. The right of the people peaceably to Right of pe- assemble to consult for the common good, tition and dis- -, • • i r^ t cussion. and to petition the (jrovernment, or any de- partment thereof, shall nevpr be abridged. Section 7. All persons may freely speak, write and Freedom of pubHsli thcip seiitiments on any subject, speech and of. -ii^i i pi -i thepres.s. bciiig rcsponsible tor the abuse oi that right; and no laws shall be enacted to restrain or abridge the liberty of speech or of the press. Section 8. In prosecutions for the publication of Trials foriibei. papcrs 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 indict- ments for libel, the jury shall be the judges of the law and the facts. Section 9. No person shall be deprived of the right Freedom of ^o woTshlp God accordiug to the dictates of conscience. ]^jg q^^^^ conscieucc I Pvovided, That the lib- erty of conscience hereby declared shall not justify SOUTH CAROLINA. 5 practices inconsistent with the peace and moral safety of society. Section 10. No form of religion shall be established by law; but it shall be the duty of the Religious General Assembly to pass suitable laws to tected. protect every religious denomination in the peaceable enjoyment of its own mode of worship. Section 11. The right of trial by jury shall remain inviolate. Trial by jury. Section 12. No person shall be disqualified as a wit- ness, or be prevented from acquiring, hold- Personal rights ing and transmitting property, or be hindered in ac- quiring education, or be liable to any other punish- ment for any offense, or be subjected in law to any other restraints or disqualifications, in regard to any personal rights, than such as are laid upon others under like circumstances. Section 13. No person shall be held to answer for any crime or offense until the same is fully. Rights of ac- fairly, plainly, substantially and formally de- cused persons, scribed to him; or be compelled to accuse or furnish evidence against himself; and every person shall have a right to produce all proofs that may be favorable to him, to meet the witnesses against him face to face, to have a speedy and public trial by an impartial jury, and to be fully heard in his defense by himself or by his counsel, or by both, as he may elect. Section 14. No person shall be arrested, imprisoned, despoiled or disDossessed of his property, im- Ex post facto . . . Tf „ , laws prohib- munities or privileges, put out oi the protec- ited. tion 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 punish- ment without trial by jury ; nor shall he be punished 6 ■ CONSTITUTION OF but by virtue of a law already established, or promul- gated prior to the offense, and legally applied. Section 15. All Courts shall be public, and every Publicity person, for any injury that he may receive in of Courts. }jjg lands, goods, person or reputation, shall have remedy by due course of law, and justice admin- istered without unnecessary delay. Section 16. All persons shall, before conviction, be Eight of bnii. bailable by sufficient sureties, except for capi- tal offenses when the proof is evident or the presump- tion great ; and excessive bail shall not, in any case, be required, nor corporal punishment inflicted. Section 17. The privilege of the writ of habeas cor- Haheas cor- P^^^ ^hall uot bc suspcudcd, except when, in ^'"- case of insurrection, rebellion or invasion, the public safety may require it. * Section 18. No person, after having been once Not triable acquittcd by a jury, shall again, for the same twice for the ^ , , . . -, r ^ ' ^•^ same offense, onensc, DC put lu jcopardy 01 his me or liberty. Section 19. All offenses less than felony, and in Punishments, which the punishmcnt does not exceed a fine of one hundred dollars, or imprisonment for thu'ty days, shall be tried summarily before a Justice of the Peace, or other officer authorized by law, on informa- tion under oath, without indictment or intervention of a Grand Jury, saving to the defendant the right of appeal ; and no person shall be held to answer for any higher crime or offense unless on presentnient 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. Section 20. No person shall be imprisoned for debt, Imprison- G^cept lu cascs of fraud; and a reasonable ment for debt, ^mouut of property, as a homestead, shall be SOUTH CAROLINA. 7 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. Section 21. No bill of attainder, ex post facto law, nor any law impairing the obligation of con- obligation of tracts, shall ever be enacted ; and no convic- contracts. tion shall work corruption of blood or forfeiture of estate. Section 22. All persons have a right to be secure from unreasonable searches or seizures of their Right of persons, houses, papers or possessions. All search, 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. Section 23. Private property shall not be taken or applied for public use, or for the use of cor- night of way. porations, or for private use, without the consent of the owner or a just compensation being made therefor : Provided^ lioiveve7\ That laws may be made securing to persons or corporations the right of way over the lands of either persons or corporations, and, for works of internal improvement, the right to establish depots, stations, turnouts, etc.; but a just compensation shall, in all cases, be first made to the owner. Section 24. The power of suspending the laws, or the execution of the laws, shall never be exer- suspension of cised 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. 8 CONSTITUTION OF Section 25. No person shall, in any case, be subject Martial law. to maxtial 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 Assem- bly. Section 26. In the government of this Common- Departments wealth, the Legislative, Executive and Judi- of Government . - r> i z-i i n i p distinct. cial powers oi the (jovernment shall be for- ever separate and distinct from each other, and no per- son or persons exercising the functions of one of said departments shall assume or discharge the duties of any other. Section 27. The General Assembly ought frequently Redress of ^o asscmblc for thc redress of grievances, and grievances. f^j. making ucw laws, as the common good may require. Section 28. The people have a right to keep arid Right to bear ^^^^ amis for the common defense. As in arms. timcs of peacc 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. ' Section 29. In time of peace no soldier shall be Quartering of quartcrcd iu any house without the consent soldiers. Qf ^]^g owner ; and in time of war such quarters shall not be made but in a manner prescribed by law. Section 30. No person who conscientiously scruples Non-combat' ^^ bcar amis shall be compelled so to do, but ants. jjg shall pay an equivalent for personal ser- vice. SOUTH CAROLINA. 9 Section 31. All elections shall be free and open, and every inhabitant of this Commonwealth pos- Freedom of sessing the qualifications provided for in this <^iections. Constitution shall have an equal right to elect officers and be elected to fill public office. Section 32. No property qualification shall be neces- sary for an election to or the holding of any property office, and no office shall be created the ap- fni!i>''''^"'tion- pointment 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 chal- lenge for that purpose, or be an aider or Duelists dis- abettor in fighting a duel, shall be deprived quni'fled. of holding any office of honor or trust in this State, and shall be otherwise punished as the law sha-11 pre- scribe. Section 33. The right of suffi-age shall be protected by laws regulating elections, and prohibiting, ^5^1,^ ^f gyf_ under adequate penalties, all undue influences ^'■*''^*'- from power, bribery, tumult or improper conduct. Section 34. Representation shall be apportioned ac- cording to population, and no person in this Apportion- State shall be disfranchised or deprived of sentation. any of the rights or privileges now enjoyed, except by the law of the land or the judgment of his peers. Section 35. Temporary absence from the State shall not forfeit a residence once obtained. refidSe"'^ °^ Section 36. All property subject to taxation shall be taxed in proportion to its value. Each indi- Taxation of vidual of society has a right to be protected property. in the enjoyment of life, liberty and property, accord- ing to standing laws. He should, therefore, contribute his share to the expense of his protection, and give his personal service when necessary. 10 CONSTITUTION OF Section 37. No subsidy, charge, impost, tax or duties Imposts, taxes s^all be established, fixed, laid or levied, or duties. under any pretext whatsoever, without the consent of the people, or their representatives lawfully assembled. Section 38. Excessive fines shall not be imposed, Excessive ^01" crucl aud uuusual punishment inflicted, fines. jjQp siiall witnesses be unreasonably detained. Section 39. No title of nobility or hereditary emolu- ment shall ever be o-ranted in this State. Dis- Titles of no- ^ biiity and dis- tiuctioii Oil accouut of racc or color, in any ra"e° or ° color casc whatcvcr, shall be prohibited, and all prohibited. classes of citizens shall enjoy equally all com- mon, public, legal and political privileges. Section 40. All navigable waters shall remain forever Freedom of public highways, free to the citizens of the watJrs.^'' ^ 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 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, un- less the same be authorized by the General Assembly. Section 41. The enumeration of rights in this Con- Reserved stitution shall uot bc coustrucd to impair or rights. deny others retained by the people, and all powers not herein delegated remain with the people. ARTICLE 2. legislative department. Section 1. The legislative power of this State shall Legislature, bc vcstcd ill two distiuct braiichcs, the one to be styled the ''Senate," and the other the "House SOUTH CAROLINA. 11 of Representatives," and both together the "General Assembly of the State of South Carolina." S'ection 2. The House of Representatives shall be composed of members chosen by ballot every Representa- second year, by the citizens of this State, '''''''^• qualified as in this Constitution is provided. Section 3. The Judicial Districts shall hereafter be designated as Counties, and the boundaries of j„ji,.i,,i Dig. the several Counties shall remain as they are *"'''*• now estaljlished, 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 Pen- dleton 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 ter- ritory lying West of said line shall be known as the County of Oconee : Provided, That the General Assem- bly 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. Section 4. The House of Representatives shall con- sist of one hundred and twenty-four mem- Apponion- 1 , n ,• n ,1 1 nient, of repre- bers, to be apportioned among the several mentation. Counties accordinc: to the number of inhabitants con- tained in each. An enumeration of the inhabitants, for this purpose, shall be made in eighteen hundred and sixty- * Amended ; see page 52. 12 CONSTITUTION OF nine, and again in eighteen liundred 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 suc- ceeding 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 fol- lows: 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; Lex- ington, two; Marion, four; Marlboro, two; Newberry, three ; Oconee, two ; Orangeburg, five ; Pickens, one ; Richland, four ; Spartanburg, four ; Sumter, four ; Union, three ; Williamsburg, three ; York, four. Section 5. If the enumeration herein directed shall Duty of Gov- not be made in the course of the year ap- enumeration, poiutcd for tlic purposc, it shall bc thc duty of the Governor to have it effected as soon thereafter as shall be practicable. Section 6. In assigning Representatives to the sev- Assignment eral Couutics, tlic General Assembly shall of Representa- -^^ . ,• , ^ tives. allow one Representative to every one hun- dred and twenty-fourth part of the whole number of inhabitants in the State : Provided^ That if in the apportionment of Representatives any County shall ap- pear not to be entitled, from its population, to a Repre- sentative, such County shall, nevertheless, send one Representative ; and if there be still a deficiency of the SOUTH CAROLINA. 13 number of Representatives required by Section fourth of this Article, such deficiency shall Ije supplied by assigning Representatives to those Counties having the largest surplus fractions. Section 7. No apportionment of Representatives shall be construed to take effect in any manner whuntouike until the general election which shall succeed '''^*'''^- such apportionment. Section 8. The Senate shall be composed of one member from each County, to be elected for seni.tors. 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. Section 9. Upon the meeting of the first General Assembly which shall be chosen under the Two chisses. 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 Mon- day 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. Section 10. No person shall be eligible to a seat in the Senate or House of Representatives who Eligibility. at the time of his election is not a citizen of the United States ; nor any one who has not been for one 3^ear next preceding his election a resident of this State and for three months next preceding his election a recident of the County Avhence he may be chosen ; nor any one who has been convicted of an infamous crime. Sen- ators shall be at least twenty-five and Representatives at least twenty-one years of age. 14 CONSTITUTION OF Section 11. The first election for Senators and Rep- Time of eiec- resentatives under the provisions of this Con- *''^"- stitutiou shall be held on the fourteenth, fifteenth and sixteenth days of April of the present year, and the second election shall be held on the third Wednesday in October, eighteen hundred and seventy ; and forever thereafter on the same day in every sec- ond year, in such manner and at cuch places as the General Assembly may hereafter provide. ■^"■ Section 12. The first session of the General Assem- Meetings of t>ly aftcr tlic ratification of this Constitution Legislature, shall bc couvcued ou tlic sccoud 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 an- nually. Should the casualties of war or contagious dis- eases render it unsafe to meet at the seat of govern- ment, then the Governor may, by proclamation, appoint a more secure and convenient place of meeting. Section 13. The terms of office of the Senators and Term of I^^pi'^seutatives choscii at a general election office. shall begin on the Monday following such election. Section 14. Each house shall judge of the election Quoru.M. returns and qualifications of its own mem- bers, 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 attend- ance of absent members, in such manner and under » such penalties as may be provided by law. Section 15. Each house shall choose its own officers, Officers. determine its rules of proceeding, punish its ^Amended; sec pages 51 and 54. SOUTH CAROLINA. 15 members for disorderly behayior, and, with the con- currence of two-thirds, expel a member, but not a second time for the same cause. , Section 16. Each house may punish by imprison- ment, during its sitting, any person not a R'sht to ar- meniber who shall be guilty oi disrespect to ish. the house by any disorderly or contemptuous be- havior 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. Section 17. The members of both houses shall be protected in their persons and estates during privilege? of their attendance on, going to and returning members. 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 trea- son, felony or breach of the peace. Section 18. Bills for raising a revenue shall originate in the House of Representatives, but may be Revenue Eiiis. 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. Section 19. The style of all laws shall be: "Be it enacted by the Senate and House of Repre- style of laws. sentatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same." 16 CONSTITUTION OF Section 20. Every Act or Resolution having the But one sub- f^rce of law shall relate to but one subject, ^^'^^- and that shall be expressed in the title. Section 21. No Bill shall have the force of law until Must be read ^^ shall liavc bccu read three times, and on three times, thrcc scvcral 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 Representa- tives. Section 22. No money shall be drawn from the Trea- Drnfts on the sury but iu pursuaucc of an appropriation Treasury. niadc by hiw ; 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. Section 23. Each member of the first General As- Piiy of mem- seiiibly uiidcr this Constitution shall receive ^"^^^ six dollars per diem while in session, and the further sum of twenty cents for every mile of the ordi- nary route of travel in going to and returning from the place where such session is held, after which they shall receive such compensation as shall be fixed by law ; but no General Assembly shall have the power to increase the compensation of its own members. And when convened in extra session they shall receive the same mileage and per diem compensation as are fixed by law for the regular session, and none other. Section 24. In all elections by the General Assem- Votes viva t>ly, 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. SOUTH CAROLINA. . 17 Section 25. Neither house, during the session of the General Assembly, shall, without the consent Adjournment?. 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. Sectioi'T 26. Each house shall keep a Journal of its own proceedings, and cause the same to be Journals. 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 Protests. 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. Section 27. The doors of each house shall be open, except on such occasions as in the opinion of open doors. the house may require secrecy. Section 28. No person shall be eligible to a seat in the General Assembly whilst he holds any ineligibility, 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 die said disqualifying offices, he shall vacate his seat: Provided, That this prohibition shall nof extend to the members of the first General Assembly. Section 29. If any election district shall neglect to choose a member or members on the day of ^ ., , _ •' Jb allure to election, or if any person chosen a member elect. of either house shall refuse to qualify and * Refusal to take his seat, or shall resign, die, depart the ^»'iiif>- 3 18 CONSTITUTION OF State, accept any disqualifying office, or become otlier- writsofeiec- ^^^^^ disqualified to hold liis seat, a writ of tion. 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, resign- ing, dying, departing the State, or becoming disquali- fied, was elected to serve, or the defaulting election district ought to have chosen a member or members. Section 30. Members of the General Assembly, and all officers, before they enter upon the execution of the duties of their respective offices, and all members of the bar, before they enter upon the practice of their profession, shall take and subscribe the following oath : " I do solemnly swear (or affirm, as the case may be,) Oath of office, that I aui duly qualified, according to the Constitution of the United States aiid of this State, to exercise the duties of the office to which I have been elected, (or appointed,) and that I will faithfully dis- charge, to the best of my abilities, the duties thereof; that I recognize the supremacy of the Constitution and laws of the United States over the Constitution and laws of any State ; and that I will support, protect and defend the Constitution of the United States, and the Constitution of South Carolina, as ratified by the people on the sixteenth day of April, 1868. So help me God." (And the President of this Convention is authorized to fill the blanks in this Section whenever he shall receive satisfactory information of the day on which this Constitution shall be ratified.) Section 31. Officers shall be removed for incapacity, Cause of re- mlscouduct or ucglcct of duty, in such man- * ner as may be provided by law, when no moval. SOUTH CAROLINA. 19 mode of trial or removal is provided in this Constitu- tion. Section 32. The famil}^ homestead of the head of each family residing in this State, such home- r^^^ jj^^g. stead consisting of dwelling house, out-build- *'''^"''- ings and lands appurtenant, not to exceed tlie 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 bed- ding, family library, arms, carts, wagons, farming im- plements, tools, neat cattle, work animals, swine, goats and sheep, not to exceed in value, in the aggregate, the sum of five hundred dollars, shall be subject to like exemption as said homestead, and there shall be exempt, in addition thereto, all necessary wearing apparel : Provided^ That no property shall be exempt from attachment, levy or sale for taxes or for payment of obligations contracted for the purchase of said home- stead or the erection of improvements thereon : Pro- vided^ farther^ That the yearly products of said home- stead shall not be exempt from attachment, levy or sale for the payment of obligations contracted in the pro- duction of the same. It shall be the duty of the Gene- ral Assembly, at their first session, to enforce the pro- visions of this Section by suitable legislation.* Section 33. All taxes upon property, real or per- sonal, shall be laid upon the actual value of Assessments. the property taxed, as the same shall be ascertained by an assessment made for the purpose of laying such tax, *Amended ; s^ page 53. 20 CONSTITUTION OF ARTICLE 3. EXECUTIVE DEPAETMENT. Section 1. The supreme Executive authority of this The Governor. Statc shall bc vestcd iu a Chief Magistrate, who shall be styled " The GoverDor of the State of South Carolina." Section 2. The Governor shall be elected by the Election of. clcctors duly qualified to A'ote 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 for by law. The other State officers elect shall at the same time enter upon the performance of their duties. Section 3. No person shall be eligible to the office Eligibility of. of Govcmor 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 Gov- ernor shall hold any office or other commission (except in the militic.) under this State, or any other power, at one and the same time. Section 4. The returns of every election of Gov- Returns of Gmor shall bc sealed up by the Managers of election. Elcctious iu their respective Counties and transmitted by mail to the seat of government, directed to the Secretary of State, who shall deliver them to SOUTH CAROLINA. 21 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 v\ith 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. Section 5. A Lieutenant Governor shall be chosen at the same time, in the same manner, con- Lieutenant tinue in office for the same period, and be 'SovemorPres- , ^ ident of the possessed of the same qualifications as the senate. Governor, and shall ex officio be President of the Senate. 22 CONSTITUTION OF Section 6. The Lieutenant Governor, while presid- To have no i^^g "^ ^hc Senate, shall have no vote, unless vote, unless, Ac ^jjg Senate be equally divided. Section 7. The Senate shall choose a President pro Presidentp/o iempove^ to act in the absence of the Lieu- tempore. tcuaut Govcmor, or when he shall exercise the office of Governor. Section 8. A member of the Senate or of the House Vacation of ^^ Rcprescntatives being chosen and acting '''®"'^- as Governor or Lieutenant Governor shall thereupon vacate his seat, and another person shall be elected in his stead. Section 9. In case of the removal of the Governor In case of re- from Ms officc, or his dcatli, resignation, re- nation, moval from the State, or inability to dis- charge 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 rati- fication of this Constitution, shall, by law, provide for the case of removal, death, resignation, or inability, both of the Governor and Lieutenant Governor, de- claring what officer shall then act as Governor, and such officer shall act accordingly, until such disability shall have been removed, or a Governor shall have been elected. Section 10. The Governor shall be Commander -in - Commander- Chief of thc militia of the State, except in-Chief. when they shall be called into the actual service of the United States. Section II. He shall have power to grant reprieves Reprieves and ^^^ pardous aftcr convictioii, (except in cases pardons. gf impeachmcnt, ) 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 SOUTH CAROLINA. ^23 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. Section 12. He shall take care that the laws be faithfully executed, in mercy. thJ'^iaw"''''"'*' Section 13. The Governor and Lieutenant Governor shall, at stated times, receive for their ser- Compensation, vices a compensation, which shall be neither increased nor diminished during the period for which they shall have been elected. Section 14. All officers in the Executive Depart- ment shall, when required by the Governor, Reports of give him information in writing upon any "''•ceis. subject relating to the duties of their respective offices. Section 15. The Governor shall, from time to time, give to the General Assembly information of «ive infomm- the condition of the State, and recommend Legisinture. to their consideration such measures as he shall judge necessary or expedient. Section 16. He may, on extraordinary occasions, convene the General Assembly; and should Extra sessions. 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. Section 17. He shall commission all officers of the State. Commissions. Section 18. There shall be a Seal of the State, for which the General Assembly, at its first ses- Seai of state. sion, shall provide, and which shall be used by the Governor officially, and shall be called "The Great Seal of the State of South Carolina." 24 CONSTITUTION OF Sectioit 19. All grants and commissions shall be •Grants. &c.. issuGcl in the name and by the authority of how issued. ^i^Q g^j^^g Qf South Carolina, sealed with the Great Seal, signed by the Governor, and countersigned by the Secretary of State. Sectioit 20. The Governor and the Lieutenant Gov- o.itii of office, ernor, before entering upon the duties of their respective offices, shall take and subscribe the oath of office as prescribed in Article two, Section thir-ty, of this Constitution. Section 21. The Governor shall reside at the capital Residence of of thc Statc ; but dunug the sittings of the Governor. Geucral Asscmbly he shall reside where its sessions are held, except' in case of contagion. Section 22. Every Bill or Joint Resolution which Bills to be shall have passed the General Assembly, signed. except Oil 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 Veto. return it, with his objections, to the house in which it shall have originated ; wdiich shall enter the objections at large on its Journals and proceed to re- consider 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 Gov- ernor within three days after it shall have been pre- sented to him, Sundays excepted, it shall have the SOUTH CAROLINA. 25 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. Section 23. There shall be elected by the qualified voters of the State a Comptroller General, a comptroller Treasurer, and a Secretary of State, who ^enemi ivea- ' "^ ' surer .inil tieo- shall hold their respective offices for the term retary of state. '^ y^ of four"^* years, and whose duties and compensation shall be prescribed by law. ARTICLE 4. JUDICIAL DEPARTMENT. Section 1. The Judicial power of this State shall be vested in a Supreme Court, in two Circuit jujieiai De- Courts, to wit, a Court of Common Pleas, P'^rt'-'ent. having civil jurisdiction, and a Court of General Ses- sions, 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. Section 2. 'The Supreme Court shall consist of a Chief Justice and two Associate Justices, any supreme Court 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. Section 3. The Chief Justice elected under this Con- stitution shall continue in office for six years. Term of office, and the General Assembly, immediately after the said *Amended; see page 52. 26 CONSTITUTION OF 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 deter- mined the same, it shall be the duty of the Governor to commission them accordingly. Section 4. The Supreme Court shall have appellate Jurisdiction, jurisdictiou 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, manda- mus^ quo wai'ranto^ habeas corpus^ and such other oiig- inal a*id remedial writs as may be necessary to give it a general supervisory control over all other Courts in the State. Section 5. The Supreme Court shall be held at least Sessions. oucc ill cach year at the seat of government, and at such other place or places in the State as the General Assembly may direct. Section 6. No Judge shall preside on the trial of any Disquaiifica- causc lu tlic cvcut of whicli he may be in- tions. terested, 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 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 determina- tion thereof The same course shall be pursued in the Circuit and inferior Courts as is prescribed in this Sec- tion for cases of the Supreme Court. SOUTH CAROLINA. 27 Section 7. There shall be appointed by the Judges of the Supreme Court a Reporter aiid Clerk of Reporter nnd said Court, who shall hold their offices for two *^'"''- years, and whose duties and compensation shall l)e pre- scribed by law. Section 8. When a judgment or decree is reversed or affirmed by the Supreme Court, every judgments and point made and distinctly stated in writing in 'lecrees. 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. Section 9. The Judges of the Supreme Court and Circuit Courts shall, at stated times, receive compensation. 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 per- quisites of office, nor shall they hold any other office of trust or profit under this State, the United States, or any other power. Section 10. No person shall be eligible to the office of Judge of the Supreme Court or Circuit Eligibility. 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. Section 11. All vacancies in the Supreme Court or other inferior tribunals shall be filled by elec- vacancies, tions as herein prescribed : Provided^ That if the unex- pired 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. . rtrrtj-^ 28 CONSTITUTION OF Section 12. In all cases decided by the Supreme Decisions. Court a coiicurrence of two of the Judges shall be necessary to a decision. Section 13. The State shall be divided into conve- circuits. nient Circuits, and for each Circuit a Judge shall be elected by joint ballot of the General Assembly, who shall hold his ofiftce for a term of four years, and during his continuance in office he shall reside in the Circuit of which he is Judge. Section 14. Judges of the Circuit Court shall inter- interchanging. chaugc Circuits with cach other in such man- ner as may be determined by law. Section 15. The Courts of Common Pleas shall have Common pieas./exclusive jurisdiction in all cases of divorce, andlexclusive 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. Section 16. The Court of Common Pleas shall sit in Times of hold- ©ach 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 juris- diction in all matters of equity, but the Courts hereto- fore established for that 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. Section 17. The General Assembly shall provide by Pieservation ^^^ for thc prescrvatioii of the records of the of records. Courts of Equity, and also for the transfer to the Court of Common Pleas and Probate Courts for SOUTH CAROLINA. 29 final decision of all causes that may remain undeter- mined. 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. Section 18. The Court of General Sessions shall have exclusive jurisdiction over all criminal Jurisdiction, 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. Section 19. The qualified electors of each County shall elect three persons for the term of two county com- years, who shall constitute a Board of County J"'^s'oners. 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 respect- ive Counties: Provided^ That in all cases there shall be the right of appeal to the State Courts. Section 20. A Court of Probate shall be established in each County, with jurisdiction in all mat- courtof Pro- ters testamentary and of administration in '''*"'• business appertaining to minors, and the allotment of dower in cases of idiocy and lunacy and persons non compotes meiitis. The Judge of said Court shall be elected by the qualified electors of the respective Coun- ties for the term of two years. Section 21. A competent number of Justices of the -^1 Peace and Constables shall be chosen in each justices of the ^ ^i^^-- 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 7 30 CONSTITUTION OF reside in the County, city or beat for which they are elected, and the Justices of the Peace shall be commis- sioned by the Governor. Section 22, Justices of the Peace, individually, or Jurisdiction, two or uiorc of thcni 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 dol- lars, 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 offenses less than felony, punishable by fines only, i-^Ci^ji^K JHn^ tar vide; 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. Section 24. Every action cognizable before Justices Right of ap- of the Peace, instituted by summons or war- peai. rant, shall be brought before some Justice of 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 regula- tions as may be provided by law. Section 25. The Judo-es of Probate, Countv Commis- Compensation, sioucrs, Justiccs of tlic Pcacc and Constables shall receive for their services such compensation and fees as the General Assembly may from time to time by law direct. SOUTH CAROLINA. 31 Section 26. Judges shall not charge juries in respect to matters of fact, but may state the testi- charge of. mony and declare the law. Section 27. There shall be elected in each County, by the electors thereof, one Clerk for the ciorksofcurt 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 author- ize 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. Section 28. There shall be an Attorney General for the State, who shall perform such duties as Attorney Gen- may be prescribed by law. He shall be elected '^'"'''• by the qualified electors of the State for the term of ftS four* years, and shall receive for his services such com- pensation as shall be fixed by law. Section 29. There shall be one Solicitor for each Circuit, who shall reside therein, to be solicitors. 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 ac- cording to laAv, the Court shall have power to appoint an attorney 2^ro tempore. *See amendment to Article 3, Section 23, page 52. 32 CONSTITUTION OF Section 30. The qualified electors of each County Sheriffs and ^hall clcct a Sheriff and Coroner, for the Coroners. tcmi of four jcars, 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 de- fault for moneys collected by virtue of their respective offices. Section 31. All writs and processes shall run and all Writs and prosccutious sliall bc conducted in the name processes. ^f |]jg Statc of South CaroHua ; 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." Section 32. The General Assembly shall provide by Decisions of law for the speedy publication of the deci- court."^ sions of the Supreme Court made under this Constitution. Section 33. The first General Assembly convened Constitutional uudcr tliis Coustitutiou, at their first session, amendment, immediately after their permanent organiza- tion, shall ratify the amendment to the Constitution of the United States known as the Fourteenth Article, proposed by the Thirty-ninth Congress. Section 34. All contracts, whether under seal or Slave con- ^^^t, the Consideration of which were for the tracts. purchase of slaves, are hereby declared null and void and of no effect, and no suit, either at law or equity, shall be commenced or prosecuted for the en- forcement of such contracts; and all proceedings to enforce satisfaction or payment on judgments or decrees rendered, recorded, enrolled or entered up on such contracts in any Court of this State are hereby prohib- ited ; and all orders heretofore made in this State in SOUTH CAROLINA. 33 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 5. JURISPRUDENCE. Section 1. The General Assembly shall pass such laws as may be necessary and proper to de- Arbitrators. cide differences by arbitrators, to be appointed by the parties who may choose that summary mode of adjust- ment. Section 2. It shall be the duty of the General Assem- bly to pass the necessary laws for the change change of 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. Section 3. The General Assembly, at its first session after the adoption of this Constitution, shall c^ji^ 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 princi- ples 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. 5 cation ws. c 34 CONSTITUTION OF ARTICLE 6. EMINENT DOMAIN. Section 1. The State shall have concurrent jurisdic- Eminent do- ^^^ ^n all rivcrs bordering on this State, so main. f^j. ^^ guch rivcTs shall form a common boun- dary 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 high- ways, and forever free, as well to the inhabitants of this State as to the citizens of the United States, with- out any tax or impost therefor, unless the same be ex- pressly provided for by the General Assembly. Section 2. The title to all lands and other property Land titles, wlilch havc hcrctofore accrued to this State by grant, gift, purchase, forfeiture, escheats or other- wise shall vest in the State of South Carolina the same as though no change had taken place. Section 3. The people of the State are declared to Ultimate possess tlic ultimatc property in and to all crty. 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 7. impeachments. Section 1. The House of Representatives shall have Impeach- ^hc solc powcT of impeachment. A vote of ment. two thirds of all the members elected shall be required for an impeachment, and any officer im- peached shall thereby be suspended from office until judgment in the case shall have been pronounced. SOUTH CAROLINA 35 Section 2, All impeachments shall be tried by the Senate, and when sitting for that purpose How tried, 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 prelimi- nary questions. Section 3. The Governor and all other executive and judicial officers shall be liable to impeach- who liable, ment ; but judgment in such case shall not extend further than removal from office. The persons con- victed shall, nevertheless, be liable to indictment, trial and punishment according to law. Section 4. For any willful neglect of duty, or other reasonable cause, which shall not be sufficient q.^^^^^^ ^f ^^. ground of impeachment, the Governor shall peachment. 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 defense, 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 8. RIGHT OF SUFFRAGE. Section 1. In all elections by the people the electors shall vote by ballot. tiu- baiiot. 36 CONSTITUTION OF Section 2. Every male citizen of the United States, Qualification ^f the age of twenty-one years and upwards, of electors. ^^^ 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 pre- ceding 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 no person shall be allowed "to vote or hold office who is now, or hereafter may be, disqualified therefor by the Constitu- tion 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 alms house or asylum, or of unsound mind, or confined in any public prison, shall be allowed to vote or hold office. Section 3. It shall be the duty of the General Assem- Registration. bly to provldc from time to time for the regis- tration of all electors. Section 4. For the purpose of voting, no person Residence, shall bc 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. Section 5. No soldier, seaman or marine in the army Soldiers and ^^ navy of thc Uuitcd States shall be deemed sailors. ^ resident of this State in consequence of having been stationed therein. SOUTH CAROLINA. 37 Section 6. Electors shall in all cases, except treason, felony or breach of the peace, be privileged Exemi.tion from arrest and civil process during their f"-"'" ^Tcst. attendance at elections, and in going to and returning from the same. Section 7. Every person entitled to vote at any elec- tion shall be eligible to any office which now KHgibinty to is, or hereafter shall be, elective by the peo- "*^''''- pie in the County where he shall have resided sixty days previous to such election, except as otherwise pro- vided in this Constitution or the Constitution and laws of the United States. Section 8. The General Assembly shall never pass any law that will deprive any of the citizens Bisquaiifica- of this State of the right of suffrage, except '"""*• for treason, murder,*"" robbery, or dueling, whereof the persons shall have been duly tried and convicted. Section 9. Presidential Electors shall be Presiaentni elected by the people. Electors. Section 10. In all elections held by the people under this Constitution, the person or persons who who elected. shall receive the highest number of votes shall be de- clared elected. Section 11. The provisions of this Constitution con- cerning the term of residence necessary to ^ot appiica. 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. Section 12. No person shall be disfranchised for felony or other crimes committed while such Former , .slaves not dis- perSOn was a slave. franchised. *Aiiiended; seepnge55. 38 CONSTITUTION OF ARTICLE 9. FIMANCE AND TAXATION. Section 1. The General Assembly shall provide by Assessment ^^^^^ ^^^' ^ Uniform aiicl equal rate of assess- and tnxation. mQuf^ ^i^^ taxatioii, aiid 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. Section 2. The General Assembly may provide an- Poiitnx. nually for a poll tax, not to exceed one dol- lar 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. Section 3. The General Assembly shall provide for Annual tax. au auuual tax sufficient to defray the esti- mated 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 levy- ing a tax for the ensuing year sufficient, with other sources of income, to pay the deficiency of the preced- ing year, together with the estimated expenses of the ensuing year. Section 4. No tax shall be levied except in pursu- objeet to be ^^^^ of ^ ^^"^^i whlch shall distinctly state stated. ^]jQ object of tlic samc ; to which object such tax shall be applied. Section 5. It shall be the duty of the General Assem- Exemptions. bly to cuact laws for the exemption from taxation of all public schools, colleges and institutions of learning, all charitable institutions in the nature of SOUTH CAROLINA. 39 asylums for the infirm, deaf and dumb, l)liiul, 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 ex- tend beyond the buildings and premises actually occu- pied by such schools, colleges, institutions of learning, asylums, libraries, churches and burial grounds, although connected with charitable objects. Section 6. The General Assembly shall provide for the valuation and assessment of all lands and v;,iu:.tion of the improvements thereon prior to the assem- '■'"''"• bling of the General Assembly of one thousand eight hundred and seventy, and thereafter on every fifth year. Section 7. For the purpose of defraying extraordi- nary expenditures the State may contract Pubuc debts. 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 re- spectively; and every such law shall levy a tax annu- ally sufficient to pay the annual interest of such debt.'"^ Section 8. The corporate authorities of Counties, Townships, School Districts, cities, towns and Municipal 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 prop- erty, except that heretofore exempted, within the limits *See Article 1(5, page 51. 40 CONSTITUTION OF of municipal corporations shall be taxed for the pay- ment of debts contracted under authority of law. Section 9. The General Assembly shall provide for Incorporations tlic incorporatlou and organization of cities and towns, and shall restrict their powers of taxation, borrowing money, contracting debts and loaning their credit. Section 10. No scrip, certificate or other evidence of State indebtedness shall be issued except for statue Tndeb"- thc redemption of stock, bonds or other evi- edness. dcnccs of indebtedness previously issued, or for such debts as are expressly authorized in this Con- stitution. Section II. An accurate statement of the receipt Receipts and ^^^ expcnditurcs of the public money shall expenditures, j^g publlshcd, with thc laws of cach regular session of the General Assembly, in such manner as may by law be directed. Section 12. No money shall be drawn from the Drafts on the Trcasury but in pursuance of appropriations Treasury. madc by law. Section 13. The fiscal year shall commence on the Fiscal year, first day of Novcmbcr in each year. Section 14. Any debt contracted by the State shall state bonds, bc by loau on State bonds, of amounts not less than fifty dollars each, on interest, payable within twenty years after the final passage of the law author- izing 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. Section 15. Suitable laws shall be passed by the . General Assembly foi' the safe keeping, trans- and School fcr and disbursement of the State, County and school funds ; and all officers and other SOUTH CAROLINA. 41 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 embezzle- ment, and the party convicted of such felony shall be disqualified from ever holding any office of honor or emolument in this State : Provided^ hoivever^ That the General Assembly, by a two-third vote, may remove the disability upon payment in full of the principal and interest of the sum embezzled. Section 16. No debt contracted by this State in be- half of the late rebellion, in whole or in part. Rebel debts. shall ever be paid. ARTICLE 10. EDUCATION. Section 1. The supervision of public instruction shall be vested in a State Superintendent of Edu- superintend- 1 1-111 1 Ti 1 ^'r -I ^^^ '^^ Educa- cation, who shall be elected by the qualmed tion. 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. Section 2. There shall be elected biennially in each County, by the qualified electors thereof, one ^^^^^^ c^,„j_ School Commissioner, said Commissioners to ""^sion^^rs. 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. 6 42 CONSTITUTION OF Section 3. The General Assembly shall, as soon as Free schools, practicable after the adoption of this Consti- tution, 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. Section 4. It shall be the duty of the General Assem- compuisory ^ty to provlde for the compulsory attend- attendance. aucc, 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 equiva- lent to twenty-four months at least : Provided^ That no law to that effect shall be passed until a system of pub- lic schools ha^ been thoroughly and completely organ- ized, and facilities afforded to all the inhabitants of the State for the free education of their children. Section 5. The General Assembly shall levy, at each School tax. regular session after the adoption of this Con- stitution, an annual tax on all taxable property through- out the State for the support of public schools, w^hich 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 o^ one dol- lar on each poll, the proceeds of w^hich 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 SOUTH CAROLINA. 43 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.'*' Section 6. Within five years after the first regular session of the General Assembly following xormai the adoption of this Constitution, it shall be School. 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. Section 7. Educational institutions for the benefit of all the blind, deaf and dumb, and such other Blind, deaf 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. Section 8. Provisions shall be made by law, as soon as practicable, for the establishment and Reform school maintenance of a State Reform School for juvenile offenders. Section 9. The General Assembly shall provide for the maintenance of the State University, and, g^^^f^ univer- as soon as practicable, provide for the estab- ^''^• lishment of an Agricultural College, and shall Agricultural appropriate the land given to this State, for College, 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 pur- pose, for the support and maintenance of such college, and may make the same a branch of the State Univer- *Auiended; see page 52. 44 CONSTITUTION OF sity, for instruction in agriculture, the mechanic arts, and the natural sciences connected therewith. Section 10. All the public schools, colleges and uni- Open to all. vcrsitics 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. Section 11. The proceeds of all lands that have been schooifund. or hereafter may be given hy 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 in- dividuals, or appropriated by the State for like purpose, 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 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 11. CHARITABLE AND PENAL INSTITUTIONS. Section 1. Institutions for the benefit of the insane, Charitable blliid, dcaf aud dumb and the poor shall st'itut^ons. '" always be fostered and supported by this State, and shall be subject to such regulations as the General Assembly may enact. Section 2. The Directors of the Penitentiary shall Penitentiary, bc elcctcd or appointed as the General As- sembly may direct. SOUTH CAROLINA. 45 Section 3. The Directors of the benevolent and other State institutions, such as may be here- Directors. after created, shall be appointed by the Governor, by and with the consent of the Senate ; and upon all nom- inations made by the Governor the question shall be taken by yeas and nays and entered upon the Journals. Section 4. The Governor shall have power to fill all vacancies that may occur in the offices afore- Viicancies. said until the next session of the General Assembly and until a successor or successors shall be appointed and confirmed. Section 5. The respective Counties of this State shall make such provision as may be deter- Pooriaws. mined 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. Section 6. The physician of the Lunatic Asylum, who shall be Superintendent of the same, umatic shall be appointed by the Governor, with the '^s>'""»- advice and consent of the Senate. All other necessary officers and employees shall be appointed by the Gov- ernor. ARTICLE 12. corporations. Section 1. Corporations may be formed under gene- ral laws ; but all such laws may from time to corporations. time be altered or repealed. Section 2. The property of corporations now exist- ing or hereafter created shall be subject to Taxation ot. taxation, except in cases otherwise provided for in this Constitution. 46 CONSTITUTION OF Section 3. No right of way shall be appropriated to Right of way. the 1186 of any corporation until full compen- sation 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 cor- poration, which compensation shall be ascertained by a jury of twelve men, in a Court of record, as shall be prescribed by law. Section 4. Dues from corporations shall be secured Debts. by such individual liability of the stockhold- ers and other means as may be prescribed by law. Section 5. All general laws and special Acts passed Personal re- pursuaut to thls Sectioii shall make provisions sponsibiiity. therein for fixing the personal liability of stockholders under proper limitations ; and shall pre- vent 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. Section 6. The General Assembly shall grant no Banking cor- charter for banking purposes, nor renew any porations. baukiiig corpoTatious now in existence, ex- cept upoYi 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 indi- rectly violating this Section, he shall be punished by fine or imprisonment, at the discretion of the Court. SOUTH CAROLINA. 47 The books, papers and accounts of all banks shall be open to inspection, under such regulations as may be prescribed by law. ARTICLE 13. MILITIA. Section 1. The miUtia of this State shall consist of all able-bodied male citizens of the State Muitia. 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 averse 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. Section 2. The Governor shall have power to call out the militia to execute the laws, repel ^^^y ^e invasion, repress insurrection and preserve ^'^iiedout. the public peace. Section 3. There shall be an Adjutant and Inspector General elected by the qualified electors of Adjutant and Inspector the State, at the same time and m the same General. 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 ap- point, by and with the advice and consent of the Senate, such othfer staff officers as the General Assembly may direct. ARTICLE 14 MISCELLANEOUS. Section 1. No person shall be elected or appointed to any office in this State unless he possess Qualifications the qualifications of an elector. . for office. 48 CONSTITUTION OF Section 2. Lotteries, and the sale of lottery tickets, Lotteries, for any purpose whatever, are prohibited, and the General Assembly shall prevent the same by penal laws. Section 3. The State Library shall be subject to such state Library, rcgulatlons as the General Assembly may pre- scribe. Section 4. The General Assembly may direct by laV ciniins. in what manner claims against the State may be established and adjusted. Section 5. Divorces from the bands of matrimony Divorces. sliall uot bc allowcd but by the judgment of a Court, as shall be prescribed by law. Section 6. No person who denies the existence of Disquaiifica- ^^^ Suprcine Being shall hold any office tion for office, yndcr tliis Constitution. Section 7. The printing of the laws. Journals, Bills, Printing. 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. Section 8. The real and personal property of a Av Oman's womaii hcM at the time of her marriage, or property. ^-[^^^ which shc 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. SOUTH CAROLINA. 49 Section 9. The General Assembly shall provide for the removal of all causes which may be Removal of pending when this Constitution goes into '^'■'"ses. effect to Courts created by the same. Section 10. The election for all State officers shall take place at the same time as is provided Election of for that of members of the General Assem- state officers. bly, 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 Amendments __ f» -r» • Tr> 1 ^'^ ^^^ Consti- or House oi Representatives. It the same tution. 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 quahfied 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. Section 2. If two or more amendments shall be sub- mitted at the same time, they shall be sub- if j, mitted in such manner that the electors shall °^°''*^- 7 ; w o or 50 CONSTITUTION OF vote for or against each of such amendments sepa- rately. Section 3. Whenever two-thirds of the members Conventions, elcctcd to cach branch of the General Assem- bly 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 said election shall have voted for a Convention, the General Assem- bly shall, at their next session, provide by law for call- ing the same ; and such Convention shall consist of a number of members not less than that of the most numerous branch of the General Assemblv. SOUTH CAROLINA. 51 AMENDMENTS. ARTICLE 16. [Ratified January, 1873.; To the end tbat the public debt of South Carolina may not hereafter be increased without the Prohibiting due consideration and free consent of the creation ofdebt without con- people of the State, the- General Assembly sent of the peo- is hereby forbidden to create any further debt or obligation, either by the loan, of the credit of the State, by guaranty, endorsement or otherivise, ex- cept 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 the question, shall be in favor of a further debt, guaranty, endorsement or loan of its credit, none shall be created or made. AMENDMENT TO ARTICLE 2, SECTION 11. [Ratified January, ]873.] Strike out all that portion of Section 11, Article 2, folio wina^ the words "eio^hteen hundred and '-' _ *-■ Amendment seventy," occurring in the fourth and fiftli <^^^^sins eiec- , . , . 1 f n • i T tion from Octo- Imes, and msert the lollowmg: "And forever berto Novem- thereafter on the first Tuesday following the first Monday in November in every second year, in such manner and in such place as the Legislature may provide." 52 CONSTITUTION OF AMENDMENT TO ARTICLE 3, SECTION 23. [Ratified March 4. 1875.] Strike out of Section 23 of Article 3 the word " four," Art.3,sec.23, occurriug in the third line, and insert the as to term of ^qj,(J "two," SO that thc ScctioH of thc Con- office, amend- ... • ed. stitution will read, when amended, as follows : " Section 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." AMENDMENT TO ARTICLE 2, SECTION 3. [Ratified March 10, 1875.] That Section 3 of Article 2 of the Constitution of "Toxaway" thc Statc bc amended by striking out the "^r'Va- words "White Water River," in the fifth line *^''" of said Section, and inserting in the place thereof the words " Toxaway River." AMENDMENT TO ARTICLE 10, SECTION 5. [Ratified January 22, 1878.] " The Boards of County Commissioners of the several Counties shall levy an annual tax of not less mills for pub- than two mills on the dollar of all the he schools, ^a^-jj^g^j^ig property in their respective Counties, which levy shall not be increased unless by special enactment of the General Assembly, for the support of the public schools m 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 SOUTH CAROLINA. 53 Counties, and paid out exclusively for the support of the 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 pou tax. which tax shall be applied solely to educational pur- poses : Provided^ That no person shall ever be de- prived of the right of suffrage for the non-payment of such tax. No other poll or capitation tax shall be levied in this 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." AMENDMENT TO ARTICLE 2, SECTION 32. [Ratified December 11, 1880] "That Section 32, Article 2, of the Constitution of this State be, and is hereby, stricken out. and the fol- lowing inserted in lieu thereof: " The General Assembly shall enact such laws as will exempt from attachment and sale under any Art.2,sec 3', mesne or final process issued from any Court "^ *" •'°'°^- '• ^ ... stead, amend- to the head of any family residing in this ed. State a homestead in lands, whether held in fee or any lesser estate, not to exceed in value one thousand dol- lars, 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 54 CONSTITUTION OF estate shall be married to the head of a family who has not of his own sufficient property to constitute a home- stead 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 hun- dred dollars' worth of personal property to the hus- band 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 pur- chase of said homestead or the erection of improve- ments 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." AMENDMENT TO ARTICLE 2, SECTION 11. [Ratified December 21, 1882. J That Section eleven. Article two, of the Constitu- tion of this State, as amended, be, and the same is hereby, stricken out and the following inserted in lieu thereof: " The general election for Senators and Representa- Bienninieiec- tlvcs shall bc licld iu cvcrv sccoud vear, in tions to be fixed i • i i*^ i by Legishiture. such mauucr, at such time and at such places as the Legislature may provide." SOUTH CAROLINA. 55 AMENDMENT TO ARTICLE 8, SECTION 8. [Ratified Dceeiuber 21. 1882.] That Section 8, Article 8, of the Constitution be amended by inserting therein, after the word " mur- der," the following words : "burglary, larceny, perjury, forgery or any other infamous crime," so that the Sec- tion, when amended, shall read as follows: " Section 8. The General Assembly shall never pass any law that will deprive any of the citizens Burglary, lar- of this State of the right of suffi-age, except "^^y- P'^^J""'^' '-' o ' X forgery or any for treason, murder, burglary, larceny, per- other infamous p ii • /• • crime lidded to jury, forgery or any other miamous crmie, or disquaiifica- dueling, whereof the person shall have been ^'°"^" duly tried and convicted." CONSTITUTION OF THE United States of America. PREAMBLE. Objects of the Constitution. ARTICLE I. Sec. 1. Legislative powers, in whom vested. 2. House of Rejiresentntives, how and by whom chosen. Quiilitications of a Represenl»itive. Representatives and direct faxes, how apportioned. Census. Vacnnoies to be filled. Power of choosing officers and of ' impenohment. 3. Senators, how and by whom chosen. How classified. State E.vecutive to make temporary appointments, in case, oned. termined by adding to the whole number of free per- sons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration Census. shall be made within three years after the first meet- ing of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Repre- sentatives shall not exceed one for every thirty thou- sand, but each State shall have at least one Repre- sentative ; and until such enumeration shall be made the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Provi- dence Plantations one, Connecticut five. New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten. North Carolina five, South Carolina five and Georgia three. When vacancies happen in the representation from any State, the Executive authority thereof vacancies tp shall issue writs of election to fill such vacan- defined. cies. The House of Representatives shall choose their" Speaker and other officers; and shall have the Powerofchoos- A ingomeers, and sole power of impeachment. meut!^^*''^*''^' Sec. 3. The Senate of the United States shall be composed of two Senators from each State, senators, how chosen by the Legislature thereof, for six chosen. years; and each Senator shall have one vote. 60 CONSTITUTION OF THE Immediately after tliey shall be assembled in con- iiow classified, sequeiice of tlie first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen every second year ; and if _ vacancies happen by resignation, or other- tive to mnke wisc, duiiug the Tccess of tlic Legislature of poTiItm'enls.Tn auy State, the Executive thereof may make case, &c. temporary appointments until the next meet- ing of the Legislature, which shall then fill such vacan- cies. No person shall be a Senator who shall not have Qualifications attained to the age of thirty years, and been of a Senator, j-^j^-^g ycars a citizcu of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. The Vice President of the United States shall be President of Presidcut of the Senate, but shall have no the Senate, his . . . n t • t i right to vote, vote, uulcss they be equally! divided. The Senate shall choose their other officers, and also a President pro Prcsidcut pvo teinpoTe^ in the absence of the offi'ceVs of Sen- Vlcc Prcsidcut, or when he shall exercise the ate, how cho- ^e"- office of President of the United States. Power to try Thc Scuatc shall have the sole power to try impeachments. r^[\ hnpeachmcnts. When sitting for that purpose, they shall be on oath or affirmation. When When Presi- ^hc Presldcut of the United States is tried, dent iP tried, ^|^g Chief Justico shall preside; and no per- Chief Justice ^ -1^ _ ' ^ to preside. SOU sliall bc coiivictcd without the concur- rence of two-thirds of the members present. Judgment in cases of impeachment shall not extend Sentence, further than to removal from office and dis- UNITED STATES OF AMERICA. Gl qualification to hold and enjoy any office of honor, trust or profit under the United States ; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law. Sec. 4. The times, places and manner of holding elections for Senators and Representatives Times, ac, of shall be prescribed in each State by the ''."'^"7 '^'•'°- I "^ tions, now pre- Legfislature thereof; but the Confess may ^crih^a. ^ . ^ ^ ' , ^ ^ -^ U. S. statutes. at any tnne by law make or alter such regu- 1842. 47, §2. lations, except as to the places of choosing Senators. The Congress shall assemble at least once in every year, and such meeting shall be on the first one session in Monday in December, unless they shall by each year. law appoint a different day. Sec. 5. Each house shall be the judge of the elec- tions, returns and qualifications of its own Membership. members, and a majority of each shall constitute a quorum to do business ; but a smaller num- Quorum. ber may adjourn from day to day, and may Adjournments. be authorized to compel the attendance of absent mem- bers, in such manner and under such penalties as each house may provide. Each house may determine the rules of its proceed- ings, and punish its members for disorderly R"i''s. Power „ to punish or behavior, and, with the concurrence 01 two- expci. thirds, expel a member. Each house shall keep a journal of its proceedings, and from time to time publish the same, Journal. excepting such parts as may in their judgment require secrecy ; and the yeas and nays of the members of either house on any question shall, at the desire of one- fifth of those present, be entered on the Journal. 62 CONSTITUTION OF THE Neither house, during the session of Congress, shall, Time of ad- ^itJiQut the couseut of the other, adiourn for journtuent lim- ' r> t i i • n i cases. any civil omce under the authority oi the United States which shall have been created, or the emoluments whereof shall have been increased, during such time ; and no person holding any ofi&ce under the United States shall be a member of either house dur- ing his continuance in office. ^ Sec. 7. All Bills for raising revenue shall originate House to origi- in thc Housc of Representatives ; but the Iltl tG fill r6 V'G~ nue Bills. Sciiatc may propose or concur with amend- ments as on other Bills, Every Bill which shall have passed the House of Veto. Representatives and the Senate shall, before it becomes a law, be presented to the President of the United States, If he approve, he shall sign it; but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their Journal and proceed to UNITED STATES OF AMERICA. 63 reconsider it. If after such reconsideration jj;,, ,^,,y ,^g two-thirds of that house shall as^ree to pass ^"5*?'^ ^^ ^'^°' *^ ■• thirils of each the Bill, it shall be sent, together with the house, not- objections, to the other house, by which it &c. shall likewise be reconsidered, 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 on the Journal of each house respectively. If any Bill biu not re- shall not be returned by the President within days. ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like man- ner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law. Every order, resolution or vote to which the concur- rence of the Senate and House of Repre- Provision as . ^ , to a 1 1 orders, sentatives may be necessary (except on a etc., except, &c. question of adjournment) shall be presented to the President of the United States, and, before the same shall take effect, shall be approved by him, or, being disapproved by him, shall be re-passed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a Bill. Sec. 8. The Congress shall have power: To lay and collect taxes, duties, imposts and excises, to Powers of pay the debts and provide for the common ^""sress. defense and general welfare of the United States, but all duties, imposts and excises 12 wheat., 419! shall be uniform throughout the United States ; to bor- row money on the credit of the United 9 wheat., 1. . . 12 Pet., 72. States; to regulate commerce with foreign 2'wheat"259. nations, and among the several States, and with the 64 CONSTITUTION OF THE Indian tribes; to establish an uniform rule of naturali- 4 jvheat., 122. zation, and uniform laws on the subject of 12 Wheat., 213. baukruptcies throughout the United States; to coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures ; to 4 Gray, 559. provldc for thc punishmeiit of counterfeiting the securities and current coin of the United States ; to establish postofiices and post roads ; to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries; to 5 Wheat., 15.3. coustitutc tribuuals inferior to the Supreme Court ; to define and punish piracies and felonies com- mitted on the high seas and offenses against the law of nations; to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water ; to raise and support armies, but no appro- priation of money to that use shall be for a longer term 5 Wheat., 1. than two years; to provide and maintain a 12 Wheat, 19. navy ; to make rules for the government and regulation of the land and naval fofces ; to provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions; to provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States, respectively, the appointment of the officers and the authority of training the militia accord- ing to the discipline prescribed by Congress ; to exer- cise exclusive legislation in all cases whatsoever over such district (not exceeding ten miles square) as may, by cession of particular States and the acceptance of Congress, become the seat of government of the United States, and to exercise like authority over all places UNITED STATES OF AMERICA. 65 purchased, by the consent of the Lec^islature i cranch. 137. /.TO,- 1-11 1111 ^ ^ Wheat.. 738. of the State m which the same shall be, tor ]2AVheat..i:«5. the erection of forts, magazines, arsenals, dock yards and other needful buildings ; and to make all laws which shall be necessary and proper for carrying into execu- tion the foregoing powers, and all other powers vested by this Constitution in the Government of the United States or in any department or officer thereof Sec. 9. The migration or importation of such per- sons as any of tlie States now existing shall „ . . •^ '-' Provision ns think proper to admit shall not be prohibited to migration or . - . iinportntion of by the Congress prior to the year one thou- certain per- sand eight hundred and eight, but a tax or '""'" duty may be imposed on such importation, not exceed- ing ten dollars for each person. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebel- iinhe,i>< cor- lion or invasion, the public safety may require 4 Craneh. 75. it. No bill of attainder or ex post facto law Biiis ofat- tainder^&c. shall be passed. sDaii., 3815. No capitation or other direct tax shall be ^-^''"''''^^••^i'^- laid, unless in proportion to the census or apportioned. enumeration hereinbefore directed to be taken. No tax or duty shall" be laid on articles exported from any State. aSy."''^''"' No preference shall be given by any regulation of commerce or revenue to the ports of one No commer- CI til prefer" State over those of another, nor shall ves- ences. sels bound to or from one State be obliged to enter, clear or pay duties in another. 9 66 CONSTITUTION OF THE No money shall be drawn from the Treasury but No money ill cousequeuce of appropriations made by drawn from |g^-^ . j^j^(j g^ rco^ular Statement and account of Treasury, un- ' <-' less, etc. the receipts and expenditures of all public money shall be published from time to time. No title of nobility shall be granted by the United No titular Statcs ; and no person holding any office of "°^^ll''^" profit or trust under them shall, without the Offlcersnotto -'- ' receive pres- couscnt of the Cougrcss, accept of any pres- cuts udIgss &e. ' ent, emolument, office or title of any kind whatever, from any King, Prince or foreign State. Sec. 10. No State shall enter into any treaty, alli- states pro- aucc or confederation; grant letters of the Mtrcise'Tf Hiarque and reprisal ; coin money ; emit bills certain powers, ^f credit; make any thins: but sfold and sil- 11 Fet., 2o(, 420. ' ,/ cd cd 5 Gray, 297. vcr coin a tender in payment of debts ; pass any bill of attainder, ex j^ost facto law, or law impair- 12 Wheat., 419. ing thc obligation of contracts, or grant any title of nobility. No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws ; and the net produce of all duties and imposts laid by any State on imports or ex- ports shall be for the use of the Treasury of the United States ; and all such laws shall be subject to the revision and control of the Congress. No State shall, without 12 Wheat., 419. thc coiiseut of CougTess, " lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, un- less actually invaded or in such imminent danger as will not admit of delay. UNITED STATES OF AMERICA. G7 ARTICLE II. Section 1. The Executive power shall be vested in a President of the United States of America. President and He shall hold his office during the term of Ilrei^Tel^'of four years, and, together with the Vice Pre- ^^''^■ sident, chosen for the same term, be elected as follows : Each State shall appoint, in such manner as the Legislature thereof may direct, a number of ° ./ ' Electors of Electors equal to the whole number of Sen- President and ators and Representatives to which the State -number and may be entitled in the Congress; but no ^"^' "'"'"'"''^'' Senator or Representative, or person holding an office of trust or profit under the United States, shall be ap- pointed an Elector. *[The Electors shall meet in their respective States and vote by ballot for two persons, of whom Amendment one at least shall not be an inhabitant of the ^l^ for^thL' same State with themselves. And they shall p^'-a&'-aph. make a list of all the persons voted for, and of the number of votes for each ; which list they shall sign and certify and transmit sealed to the seat of the Gov- ernment of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representa- tives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of Electors appointed ; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President; and if no person have a ma- jority, then from the five highest on the list the said ♦This paragraph has been superseded and annulled by the 12th amendment. 68 CONSTITUTION OF THE House shall, in like manner, choose the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. In every case, after the choice of the Presi- dent, the person having the greatest number of votes of the Electors shall be the Vice President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice President.] The Congress may determine the time of choosing Electors to vote thc Elcctors, and tlic day on* which they shall u!s.TtaluI;s. give their votes, which day shall be the 1845, 1. same throughout the United States. No person except a natural born citizen, or a citizen Qualifications ^f thc United States, at the time of the adop- of President, ^jq^ of tliis Coustitutiou, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years and been fourteen years a resident within the United States. In case of the removal of the President from office, On whom his ^^^^ ^f his dcatli, resignation or inability to duties devolve clischaro:e the powers and duties of the said in case of his *-' ■■- removai.death, officjS, the samc shall dcvolvc on the Vice v.'s. statutes, President ; and the Congress may, by law, 1,92,8, HO. provide for the case of removal, death, re- signation or inability both of the President and Vice President, declaring what officer shall then act as Presi- dent, and such officer shall act accordingly until the disability be removed or a President shall be elected. UNITED STATES OF AMERICA. 69 The President shall, at stated times, receive for his services a compensation, which shall neither President's be increased nor diminished durino; the period compens^ation. o L U h. fet.'itutes, for which he shall have been elected, and he i^. 9. , ,, . . , . , . T , 1853,97,24. shall not receive withm that period any other emolument from the United States or any of them. Before he enter on the execution of his office he shall take the following oath or affirmation : "I do solemnly swear (or affirm) that I will iniih- fuUy execute the office of President of the H'^ onth. United States, and will, to the best of my ability, pre- serve, protect and defend the Constitution of the United States." Sec. 2. The President shall be Commander-in-Chief of the army and navy of the United States, President to be and of the militia of the several States when Commander- in-Cuief. called into actual service of the United States. He may require the opinion, in ne may re- writing, of the principal officer in each of the of, &c.. and Executive Departments upon any subject re- ™''^^''^'' '^^• lating to the duties of their respective offices ; and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. He shall have power, by and with the advice and consent of the Senate, to make treaties, pro- treaty mak- vided two-thirds of the Senators present rcrandiTisv. 2 Pet., 253. concur ; and he shall nominate, and, *by and \l Pet.. 524. ' ' ^ -^ 13 Pet.. 415. with the advice and consent of the Senate, ^f ^ertilu^'ot"- shall appoint, Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other officers of tlie United States whose ap- pointments are not herein otherwise provided for, and which shall be established by law ; but the j p^j ju Congress may, by law, vest the appointment ^^ Pet.. 230. 70 CONSTITUTION OF THE of such inferior officers as they think proper in the President alone, in the Courts of law or in the heads of departments. The President shall have power to fill up all vacan- when Pre^i- cies that mav happen durinof the recess of dent may fill ^ ^ ^ . ° . , vacancies. thc bcuate, Dj grautuig commissions which shall expire at the end of their next session. Sec. 3. He shall from time to time give to the Con- President grcss infomiatioii of the state of the Union, shall eommu- -, t i • • t • nicate to Con- and recomuicnd to their consideration such ^^^''^' measures as he shall judge necessary and ex- vene and ad- pcdieut. Hc may, on extraordinary occasions, in" ase, To^''^^ couveuc both houscs, or either of them, and, in case of disagreement between them with respect to the time of adjournment, he may adjourn them to such Shall receive timC aS hc shall think proper ; he shaU re- Ambassadors; • A 1 1 1,1 IT HIT' - execute laws ccivc Amoassadoi's and other public Minis- si^on officer's" '^ tcrs ; hc shall take care that the laws be faithfully executed, and shall commission all the officers of the United States. Sec. 4. The President, Yice President and all civil All civil officers of the United States shall be removed offices forfeited r re • t_ j. p i for certain ii*oii^ omce ou impcachmcut tor and convic- crimes. ^|qj^ ^f trcasou, bribery or other high crimes and misdemeanors. ARTICLE III. Section 1. The judicial power of the United States Judicial shall be vested in one Supreme Court and in power. such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the Supreme and inferior Courts, shall hold Tenure. their officcs duriug good behavior, and shall, t ex- UNITED STATES OF AMERICA. 71 at stated times, receive for their services a compensa- tion, which shall not be diminished during Compensation. their continuance in office. Sec. 2. The judicial power shall extend to all cases in law and equity arising under this Consti- Judicial pow X J o er, to wiiH tution, the laws of the United States, and 11^%^ '* treaties made, or which shall be made, under | SchA-.n. their authority ; to all cases affectina^ Ambas- i Pet..MK ... , ^ 12 Pet.. l»7. sadors, other public Ministers and Consuls; ft Pet., i. to all cases of admiralty and maritime jurisdiction ; to controversies to which the United States g^g amend- shall be a party; to controversies between ™'''"^^- two or more States ; between a State and citizens of another State; between citizens of different States; between citizens of the same State claiming lands under grants of different States ; and between a State, or the citizens thereof, and foreign States, citizens or subjects. In all cases affecting Ambassadors, other public Ministers and Consuls, and those in which a original ju- State shall be a party, the Supreme Court ^^^Z,^:^ shall have original jurisdiction. In all the j^pp^^j^f^ other cases before mentioned the Supreme " cr.meh. m. . . ,1 Wheat.. 304. Court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the Congress shall make. The trial of all crimes, except in cases of impeach- ment, shall be by jury, and such trial shall Trial by jury, be held in the State where the said crimes ^'"'''^^' shall have been committed ; but when not committed within any State the trial shall be at such place or places as the Congress may by law have directed. 72 CONSTITUTION OF THE Sec. 3. Treason against the United States shall con- Treason de- sist only in levying war against them or in fined 1 Daii , 56. adhering to their enemies, giving them aid 2Daii., 348. ^^^ comfoi't. No person shall be convicted 4 cranch. 470. of trcason unlcss on the testimony of two wit- nesses to the same overt act or on confession in open Court. The Congress shall have power to declare the pun- Punishmentof. islimcnt of trcason, but no attainder of trea- son shall work corruption of blood or forfeiture, except during the life of the person attainted. ARTldLE IV. Section 1. Full faith and credit shall be given in Credit to pub- each State to the public Acts, records and ju- lic Acts, &c., of ,.., -,. f. , n,, every State, diciai proccedmgs or every other btate. iTguj^''"*^'" ^11^ ^^6 Congress may by general laws pre- ]804, 56. scribe the manner in which such Acts, records 7 Cranch, 481. ' 3 Wheat.. 284. aud procccdiugs shall be proved and the effect thereof. Privileges Sec. 2. Thc cltlzcns of each State shall be of citizens of .-.i t . n • -i -t • ••• n each State. entitled to all j3rivLleges and nnmunities oi ;iGnfy!i>76.' citizens in the several States. A person charged in any State with treason, felony Fugitives or other crime who shall flee from justice IT" deutTred ^ud bc fouud iu auothcr State shall, on de- "''• mand of the Executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime. No person held to service or labor in one State, Persons iieid uudcr tjic laws thercof, escaping into another inreiiped'Io ^hall, iu conscqucnce of any law or regula- be delivered ^[qj^ thcrciu, bc dlschargcd from such service up- , , . u. s. siatutes. or labor, but shall be delivered up on clami 179.S, 7. ' 1 . 1 1 16 Pef*'o39. of the party to whom such service or labor may be due. UNITED STATES OF AMERICA. 73 Sec. 3. New States may be admitted by the Congress into this Union ; but no new State shall be Admi.sfion of formed or erected within the jurisdiction of "'^'^^^'^'''^• any other State, nor any State be formed by the junc- tion of two or more States, or parts of States, without the consent of the Legislatures of the States concerned, as well as of the Congress. The Congress shall have power to dispose of and make all needful rules and regulations respect- p^^^gr of con- ino^ the territory or other property belons:- ^';®'' *"'^'" *^''^' o ^ ./ i i ^ o ritory and ing to the United States; and nothing in other property, this Constitution shall be so construed as to prejudice any claims of the United States or of any particular State. Sec. 4. The United States shall guarantee to every State in this Union a republican form of gov- Republican ernment, and shall protect each of them f""" ofgo^em- ■■■ ment guaran- against invasion, and, on application of the teed, Legislature, or of the Executive, (when the Each state to Legislature cannot be convened,) against '^^ protected. domestic violence. ARTICLE V. Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments constitution, to this Constitution, or, on the appKcation of '^"^ --imended. the Legislatures of two-thirds of the several States, shall call a Convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the Legislatures of three-fourths of the several States, or by Conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress: Provided^ TYmt no sniiendrnQut Proviso. 74 CONSTITUTION OF THE which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth Section of the first Article ; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate. ARTICLE VI. All debts contracted and engagements entered into certn in debts, ^eforc thc adoptlou of this Constitution &c., aJupted. gi^^ij |3g g^g ^^ij^ against the United States under this Constitution as under the confederation. This Constitution, and the laws of the United States Supremacy of which shall bc madc in pursuance thereof. Constitution, nni • t i-iini treaties and and all thc trcatics made, or which shall be United Stalls.^ made, under the authority of the United States, shall be the supreme law of the land ; and the Judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary not^vithstanding. The Senators and Representatives before mentioned, Oath to support and tlic mcmbcrs of the several State Legis- Constituti on, -, in ■• i • t • i re by whom taken laturcs, aud all executive and judicial omcers, both of the United States and of the several States, shall be bound by oath or affirmation to support this No religious Coustitutiou ; but no religious test shall ever test. ]3g required as a qualification to any office or public trust under the United States. ARTICLE VIL What ratifica- Thc ratification of the Conventions of nine tibiish^consT- States shall be sufficient for the establishment tution. of j^jjjg Constitution between the States so ratifying the same. UNITED STATES OF AMERICA. 75 In Addition to, and Amendment of, the Constitution OF the United States of America, Proposed by Congress and Ratified by the Legislatures of THE Several States, Pursuant to the Fifth Article of the Original Constitution. ARTICLE L Confess shall make no law respecting an Religious , ^ ,. . ,.,.., estiiblishment establishment oi religion or prohibiting the prohibited, free exercise thereof; or abridging the freedom of speech, or of the press ; or the right of the c,peech!'lTth J people peaceably to assemble and to petition fj peii^tion"^ the government for a redress of grievances. ARTICLE IL A well regulated militia being necessary to the security of a free State, the right of the peo- Riphttokeep pie to keep and bear arms shall not be in- """^ ^®'"' "'^'■™^- fringed. ARTICLE IIL No soldier shall in time of peace be quartered in any house without the consent of the owner, be^iuartere.j In , • r> 1 i • J. 1 finy house, un- nor in time or war but m a manner to be less. etc. prescribed by law. ARTICLE IV. The right of the people to be secure in their persons, houses, papers and effects against unreason- Rightofsearch able searches and seizures shall not be vio- ""'^ seizure regulated. lated, and no warrants shall issue but upon 3 cranch, 448. 76 CONSTITUTION OF THE probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized. ARTICLE y. • No person shall be held to answer for a capital or „ . . otherwise infamous crime unless on a pre- Prov 1 s 1 o n s i concerning scutment or indictment of a Grand Jury, prosecutions, . ...,,, trials nnd pun- cxccpt IB cascs arisuig m the land or naval IS ments. forccs, or ui tlic militia when in actual service 2 Sumner. 19. in tlmc of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb ; nor shall be compelled Private prop- in auy criminal case to be a witness against taken for pub- hluisclf ; nor be deprived of life, liberty or lie use with- , -j^i ^ t r ^ out. Ac. property without due process oi law; nor 7 Pet.. 243. shall privatc property be taken for public use without just compensation. ARTICLE YL In all criminal prosecutions the accused shall enjoy Further pro- tlic right to a spccdy and public trial by an in'g^crimTna'i ii'npartial jury of the State and district prosecutions, ^^hereiu the crime shall have been committed, which district shall have been previously ascertained by \q,w ; and 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 witnesses in his favor, and to have the assistance of counsel for his defense. UNITED STATES OF AMERICA. 77 ARTICLE VII. » In suits at common law, where the value in contro- versy shall exceed twenty dollars, the right lught of trial of trial by jury shall be preserved, and no a^y^^^^a^g';""'^ fact tried by a jury shall be otherwise re- 5 Gray, i44. examined in any Court of the United States than ac- cording to the rules of the common law. ARTICLE VIIL Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual pun- Bails, fines and •*■, . punishments. ishments inflicted. 5 Gray. 482. ARTICLE IX. The enumeration in the Constitution of certain rights shall not be construed to deny or disparage Rule of con- others retained by the people. struction. ARTICLE X. The powers not delegated to the United States by the Constitution, nor prohibited by it to the g^^g subject. States, are reserved to the States respectively, ^ ^''"^' '■^^'^■ or to the people. ARTICLE XL The judicial power of the United States shall not be construed to extend to any suit in law or same subject. equity commenced or prosecuted against one '^ ^''"- ^'^• of the United States by citizens of another State, or by citizens or subjects of any foreign State. 78 CONSTITUTION OF THE ARTICLE XII. The Electors shall meet in their respective States and Manner of votc bj ballot for Prcsideiit and Vice Presi- fellTn/w^c'e ^^nt, onc of whom, at least, shall not be an President. inhabitant of the same State with themselves ; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice President, and they shall make distinct lists of all persons voted for as President and of all persons voted for as Vice President, and of the number of votes for each, which lists they shall sign and certify and transmit sealed to the seat of government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes for Presi- sident shall be the President, if such number be a ma- jority of the whole number of Electors appointed ; and if no person have such a majority, then from the per- sons having the highest number, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President the votes shall be taken by States, the representation from each State ha\'ing one vote ; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Repre- sentatives shall not choose a President, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice President shall act as President, as in the case of the death or other constitutional disability of the President. UNITED STATES OF AMERICA. 79 The person having the greatest number of same subject, votes as Vice President shall be the Vice President, if such number be a majority of the whole number of Electors appointed ; and if no person have a majority, then from the two highest numbers on the list the Senate* shall choose the Vice President ; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole num- ber shall be necessary to a choice. But no same subject. person constitutionally ineligible to the office of Presi- dent shall be eligible to that of Vice President of the United States. ARTICLE XIII. Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime, whereof slavery aboi- the party shall have been duly convicted, '^^'''^• shall exist within the United States or any place sub- ject to their jurisdiction. Sec. 2. Congress shall have power to enforce this Article by appropriate legislation. ARTICLE XIV. Section 1. All persons born or naturalized in the United States and subject to the jurisdiction whoareciti- thereof are citizens of the United States and ^°"^- of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United Privileges. States ; nor shall any State deprive any person of life, liberty or property without due process of law ; nor deny to any person within its jurisdiction the equal protection of the laws. 80 CONSTITUTION OF THE Sec. 2. Representatives shall be apportioned among Apportion- the several States according to their respect- ment of repre- . .■ xi i i i ^ sentation. ivc nuiTibers, countmg tiic whole number oi persons in each State, excluding Indians not taxed ; but when the right to vote at any election for the choice of Electors for President and Vice President of the United States, Representatives in Congress, the execu- tive and judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age and citizens of the United States, or in any way Basis of rep- abridged, except for participation in rebel- resentation. jjqj-^ qj. otlicr crimc, thc basis of representa- tion therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. Sec. 3. No person shall be a Senator or Representa- Poiiticai dis- ti^'^ i'^^ Congress, or Elector of President and abilities. Vice President, or hold any office, civil or military, under the United States or under any State, who, having previously taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State Legislature, or as an executive or judicial officer of any State, to support the Consti- tution of the United States, shall have engaged in insurrection or rebellion against the same or given aid Removal of or comfort to the enemies thereof But Con- political dis- , . n . -1 • 1 f* i abilities. gress may, by a vote oi two-tnirds ot each house, remove such disability. Sec. 4. The validity of the public debt of the United Validity of States authorized by law, including debts in- the public debt currcd for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States UNITED STATES OF AMERICA. 81 nor any State shall assume or pay any debt Debts of the ,,. . . ,. . -, p . . rebellion or for or obligation incurred m aid oi insurrection slaves invalid, or rebellion against the United States or any claim for the loss or emancipation of any slave ; but all such debts, obligations and claims shall be held illegal and void. Se€. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of Power of con- . . ^ gress to en- tnis Article. force. ARTICLE XV. Section 1. The right of citizens of the United States to vote shall not be denied or abridged by Right to vote. . , _, not abridged the United fetates or by any k5tate on ac- by race, color count of race, color or previous condition of conditi'mr'""'' servitude. Sec. 2. The Congress shall have power to enforce this Article by appropriate legislation. [Note. — The Constitution was adopted 17th September, ITS", by the unanimous consent of the States present in the Convention appointed in pursuance of tlie resolu- tion of the Congress of the Confederation, of the 21st February, 1787, and was ratified by the Conventions of the several States, as follows, viz.: By Convention of Delaware, 7th December, 1787; Pennsylvania, 12th Decern tfer, 1787; NevF Jersey, 18th December, 1787; (Jeorgia, 2d January, 1788 ; Connecticut, 9th January, 1788 ; Massachusetts, 6th February, 1788: Maryland, 28th April, 1788; South Carolina, 23d May, 1788; New Hampshire. 21st June, 1788; Virginia, 26th June, 1788; New York, 26th July, 1788; North Carolina, 21st November, 1789 ; Rhode Island. 29th May, 1790. The thirteenth Article was submitted to the Legislatures of the several States, there being then thirty-six States, by a resolution of Congress passed on the 1st of Febru- ary, J86.5. at the second session of the Thirty-eighth Congress, and was ratified, accord- ing to a proclamation of the Secret.-iry ot State dated December 18, 18()5. The fourteenth Article was submitted to the Legislatures of the several States, there being then thirty-seven States, by a resolution of Congress passed on the Itith of .June, 1866, at the first session of the Thirty-ninth Congress, and was ratified, according to a proclamation of the Secretary of State dated July 28. 1868. The fifteenth Article was submitted to the Legislatures of the several States, there being then thirty-seven States, by a resi>hiti"n of Congress passed on the 27th of Feb- ruary. 1869, at the first session of the Forty-first Congress, and was ratified, according to a proclamation of the Secretary of State dated March oO, 1870.] 10 4 liLTIDElX: TO THE CONSTITUTION OF SOUTH CAROLINA. ARTICLES. PAGE. Article i. — Declaration of Rights 3 2. — Legislative Department 10 3. — Executive Department 20 4. — Judicial Department 25 5. — Jurisprudence 33 6. — Eminent Domain 34 7. — Impeachments 34 8. — Right of Suffrage 35 9. — Finance and Taxation 38 10. — Education 41 II. — Charitable and Penal Institutions 44 12. — Corporations 45 13. — Militia 47 14. — -Miscellaneous 47 15. — Amendment and Revision of the Constitution . . 49 GENERAL INDEX. A. PAGE. Absence, temporary, no forfeiture of residence 9 Accused persons, rights of, in criminal prosecutions 5 Acts shall relate to but one subject 16 right of members of General Assembly to protest against 17 Adjutant and Inspector General to be chosen by electors. 5 2, 47 rank as Brigadier General . 47 2 INDEX TO CONSTITUTION OF SOUTH CAROLINA.. PAGE. Agricultural College to be established 43 lands for support of 43 to be a branch of State University ... 43 Allegiance, paramount 4 Amendment of Constitution, how made 49 Appropriation, money to be drawn from Treasury only by .. . 16 Arbitration, laws to be passed providing for 33 Army, standing, not to be maintained in time of peace ... 8 Arms, right of citizens to carry, in self-defense 8 no one compelled to bear, who scruples 8 Arrest, imprisonment, Szc, conditioned 5 warrant of, must designate person 7 Assembly, right of, by people 4 Assessment of real estate to be every fifth year 39 Attorney General elected by the people 52, 31 duties, term of office, &c 31 B. Bail, right of ,. . 6 Banks, charters may be granted to, on conditions 46 stockholders liable for notes, stock, &c 46 officers of, cannot borrow money from 46 books aud accounts open to inspection "46 Bill of attainder shall never be enacted 7 Bills, what required in order to become laws 16 Bonds, debts contracted by the State to be by loan on. ... 40 amounts of, not less than fifty dollars each 40 to be payable within twenty years 40 registry of, Treasurer shall keep a 40 C. Census to be taken every ten years 11, 12 Charitable institutions to be fostered by the State 44 Charleston, County of, allowed two Senators 13 Circuits, State shall be divided into 28 Solicitor for each to be elected by the people .... 31 Cities and towns shall be incorporated 40 Civil authority to govern military power 8 Claims against the State, adjustment of 48 Commissions, how issued 24 INDEX TO CONSTITUTION OF SOUTH CAROLINA. 3 PAGE. Comptroller General elected by the people 52, 25 Constitution, certificate of adoption of 2 persons exempted from provisions of 37 how amended 49 ratification of 49 amendments to. two or more to be voted on singly 49. 50 Convention to amend, how called 50 of whom to consist ... 50 Conscience, freedom of 4 Conscientious scruples, persons having, not compelled to bear arms 8 Constables to be chosen by the people in each County ... 29 shall reside in locality where elected 30 compensation of, to be fixed by law 30 Contracts, obligation of, not to be impaired by law 7 for the purchase of slaves declared void 32 Conviction shall not work corruption of blood 7 Coroner shall be elected by electors of each County .... 32 residence and term of, office of 32 disqualification of 32 Corporations, Article 12 '. . . . 45 may be formed under general laws 45 shall be subject to taxation 45 right of way for use of, to be paid for 46 compensation for, how fixed ... 46 dues from, shall be secured 46 responsibility of stockholders of 46 Corruption of blood, conviction shall not work 7 Counties, General Assembly shall have power to organize new II new, size of, prescribed 11 entitled to at least one Representative each .... 12 County, each, to constitute one Election District 11 County Commissioners to be elected by the people 29 jurisdiction of, over roads, &c. ... 29 term of office 29 compensation of 30 Court, Supreme, vested with judicial power 25 jurisdiction of ... , 26 Justices of 25 4 INDEX TO CONSTITUTION OF SOUTH CAROLINA. PAGE. Court, Supreme, Justices of, may preside when tlie Governor is impeached 35 compensation of 27 term of office of 25 eligibility of 27 shall be conservators of the peace . 27 concurrence of two, necessary to a decision 28 sessions of, time and place of 26 vacancies in, how filled 27 decisions of, publication of, to be provided for by law 32 judgments and decrees of 27 Clerk and Reporter of 27 Circuit, Judges of, to be elected by General Assem- bly 28 shall reside in respective Circuits . 28 interchange Circuits .... 28 of Common Pleas, jurisdiction of 28 in matters of Equity . 28 cases of divorce . . 28 ex delicto . . . 28 may issue writs of mandamus, scire facias, &c 28 to be held twice in each District in each year 28 Clerk of, to be elected in each County 31 shall be Clerk of other Courts of record 31 attest all writs . . 32 of Equity, expires January ist, 1869 28 General Sessions, jurisdiction of 29 shall sit in each County three times in each year 29 Probate, shall be in each County 29 jurisdiction of 29 Judge of, may perform duties of Clerk .... 31 to be elected by the people 29 Courts, rules, practice, pleadings and forms shall be simpli- fied and abridged 2>Z INDEX TO CONSTITUTION OF SOUTH CAROLINA. 5 PAGE. Courts, removal of causes to 49 publicity of 6 having judicial power 25 Criminal prosecutions, rights of accused in 5 D. Deaf and dumb, institutions for, to be fostered by tlie State. . 44 Debt, public, State may contract 39 creation of, forbidden without consent of peo- ple • 51 contracted by State to be by loan on bonds 40 no person shall be imprisoned for, except in case of fraud 6 contracted in aid of the rebellion, shall never be paid . 41 Declaration of Rights, Article i 3 Destitute persons, Counties shall provide for 45 Distinction on account of race or color prohibited 10 Districts, titles of, changed to Counties 11 Divorce not to be allowed but by judgment of (^ourt. ... 48 Dueling, punishment for 9 E. Education, Article 10 •. . 41 supervision of, vested in State Superintendent . . 41 State Superintendent of, elected by the people . . 41 powers, duties, &:c . . . 41 Board of, how composed 41 of deaf, dumb and blind 43 Elected, who shall be declared 37 Elections, freedom of 9 biennial, to be fixed by Legislature 54 by the people, to be by ballot 35 of State officers, time of 49 of Governor, returns of 20 each house shall judge of, of its members 14 time of general, changed ^i Elector, no person to hold office but an 47 Electors, amendments to Constitution to be submitted to . . 49 disqualification of, for certain crimes 55 eligibility of, to otifice 37 6 INDEX TO CONSTITUTION OF SOUTH CAROLINA. PAGE. Electors, privileged from arrest, except for treason, felony, &c 37 Presidential, to be elected by the people 37 qualification of 36 registration of, to be provided for by General As- sembly 36 residence of, not lost by temporary absence .... 36 United States soldiers or sailors not 36 Embezzlement of public funds punishable 41 Enumeration of inhabitants every tenth year 11, 12 Equity, Court of Common Pleas shall have jurisdiction in . . 28 shall continue until January ist, 1869 ... 28 Estate, forfeiture of, no conviction shall work 7 Escheated land, titles to, shall vest in the State 34 Executive Department, Article 3 20 officers in, to give information to Governor 23 Ex post facto laws prohibited 5 F. Felony, electors not privileged from arrest for 37 offenses less than, to be tried by^ Justices of the Peace 6 Finance and Taxation, Article g 38 Fines, excessive, shall not be imposed 10 Fiscal year to commence on first day of November 40 Funds, public, General Assembly to provide for safe keeping of 40 accurate accounts to be kept of receipts and payments 41 embezzlement of, to be felony 41 G. General Assembly, Senate and House of Representatives shall constitute 10 shall respect the right of trial by jury . . 5 pass laws to protect religious worship. 5 • secure homesteads ... 19 allow arbitrators to decide differences 33 I / INDEX TO CONSTITUTION OF SOUTH CAROLINA. 7 PAGE. General Assembly shall pass laws to change the venue ;^;^ ratify 14th Article amendment to Constitution of U. vS 32 assign Representatives 11, 12 provide for organization of militia. . 47 preservation of records of Court of Equity. . . 28 codification of laws. ... 33 publication of laws of Supreme Court ... 32 safe keeping of public funds 40 the division of the State into School Districts. 42 a system of Free Schools. . 42 doors of, shall be open 17 power of, to suspend laws 7 Governor to change place of meeting of. 14 ought meet frequently to redress grievances. 8 time and place of meeting 14 action of, on vetoed Acts and Resolutions. . 24 neither house of, can adjourn for a period exceeding three days without consent of the other 17 election by, to be m'va voce 16 may subject persons to martial law .... 8 vacancies in, how filled 17 Governor may remove officers at request of two-thirds of members 35 Governor may convene and adjourn ... 23 members of, eligibility of 13 term of office of, begins ... 14 free from arrest during attend- ance on 15 may protest against Acts or Resolutions 17 pay of 16 votes of, to be entered on Jour- nals 17 ineligibility of . 17 11 8 INDEX TO CONSTITUTION OF SOUTH CAROLINA. PAGE. General Assembly, members of, when chosen Governor, to vacate seat 22 each House, Journals of 17 may judge of election of mem- bers 14 compel attendance of ab- • sent members. ... 14 choose its own officers. . . 14 determine rules of pro- ceeding 14 punish its own members . 15 other persons . . 15 Government, departments of, distinct 8 powers of, distributed into three departments . 8 Governor, supreme executive authority vested in 20 how elected and when installed 20 eligibility of . . 20 contested elections for, shall be determined by Gen- eral Assembly 21 compensation of 23 duty of, in relation to enumeration 12 may convene and adjourn General Assembly ... 23 commission persons to act as Judges 26 remove officers 35 power of, to grant reprieves and pardons 22 to approve or disapprove Acts and Reso- lutions 24 return of election of, how and to whom deliv- ered 20, 21 residence of 24 shall not hold any other office 20 be Commander-in-Chief of Militia 22 liable to impeachment 35 appoint staff officers 47 Directors of benevolent institutions . 45 Physician and officers of Lunatic Asylum 45 commission officers of the State 23 give information to General Assembly. ... 23 have power to order out Militia .47 take care the laws are executed 23 oath of office 24 I, INDEX TO CONSTITUTION OF SOUTH CAROLINA. 9 PAGE. Governor shall report reprieves and pardons to General As- sembly 22 vacancy in office of, how filled 22 when impeached, who may preside 35 H. Habeas Corpus suspended only in rebellion or invasion ... 6 Homestead exempt from sale or debt 6, 7 attachment, &c 19 not exempt from obligations provided by Consti- tution 7 amendment to Article 2, Section 32, relative to . 53 I. Impeached, officers, suspended until judgment be pronounced 34 • persons, liable to punishment by law 35 Impeachments, Article 7 34 House of Representatives shall have sole power of 34 House of Representatives, two-thirds vote of, required 34 shall be tried by the Senate, under oath ... 35 all executive and judicial officers liable to . . 35 judgment on, to extend only to removal from office 35 Imprisonment for debt only in mse of fraud 6 Indictments to conclude "against the peace and dignity of the State." 32 Infirm, Counties shall provide for the 45 Inhabitants, enumeration of 45 duties of Governor in regard to . . 12 Institutions, for deaf, dumb and blind, supported by the State 43 other benevolent, shall be supported by the State 43 charitable, to be fostered by the State 44 Directors of, to be appointed by Governor ... 45 vacancies in, how filled 45 lo INDEX TO CONSTITUTION OF SOUTH CAROLINA. PAGE. J. Journal to be kept by each house of General Assembly ... 17 Judges shall not charge juries in respect to matters of fact. . 31 may state testimony and declare law 31 of Circuit Court shall be elected by General Assembly 28 *" term of office of 28 shall file decisions, when 29 Probate Court shall be elected by the people ... 29 term of office of 29 compensation 30 jurisdiction of 29 Judicial Department, Article 4 25 power vested in Courts 25 Jurisprudence, Article 5 ^^ Jury, trial by, shall remain inviolate 5 grand, dispensed with in certain cases 6. Justices of the Peace, jurisdiction of 6, 30 shall be chosen by qualified electors . . 29 reside in locality where chosen . 30 term of office of 29 may sit as examining Courts 30 power of, to issue processes 30 actions to be brought where defendant resides 30 right of appeal from decisions of . . . 30 compensation and fees of 30 Supreme Court, two of, a quorum 25 election of 25 shall file decisions, when . . 29 term of office of 25 L. Lands, title to escheated, shall vest in the State 34 which fail, to revert to the people 34 all in the State, people have ultimate property in . . . 34 assessment of, every fifth year 39 Laws, style of all 15 codification of. General Assembly shall provide for . . 33 shall be made every tenth year .... 33 ex post facto, prohibited 5 INDEX TO CONSTITUTION OF SOUTH CAROLINA. ii PAGE. Laws, suspension of 7 martial 8 Legislative Department, Article 2 10 power vested in Senate and House of Representa- tives 10 Libels, trials for 4 Library, State, subject to regulations of General Assembly . . 48 Lieutenant Governor, qualifications and how chosen .... 21 vote of, in the Senate . 22 in the absence of. Senate may choose President /re /3 Bail, excessive, shall not be required 77 c. Census 59 Certain debts, &c., adopted 74 Chief Justice to preside when President is tried 60 Citizens of each State, privileges of. 72 who are 79 2 INDEX TO CONSTITUTION OF THE UNITED STATES. PAGE. Civil ofifices forfeited for certain crimes 70 Claims for slaves emancipated invalid 81 Commander-in-Chief of army and navy, President to be . . 69 Commercial preference to ports of one State over those of another prohibited 65 Compensation of Senators and Representatives 62 President 69 Judges of United States Courts 71 private property not to be taken without ... 76 Constitution, how amended 73 supremacy of, treaties and laws of the United States 74 oath to support the, by whom taken 74 what ratification shall establish 74 Congress, time of assembling of, prescribed 6i powers of 63, 64, 65, 73, 81 President may convene and adjourn 70 may direct the place at which the trial of crimes not committed within any State shall be held . 71 Concurrent order, resolution or vote, provision as to ... . 63 Construction, rule of 77 Crimes, trial of, to be by jury 71 Criminal prosecutions, further provisions concerning .... 76 Credit to public Acts, &c., of every State 72 D. Debt, public, validity of 80 of rebellion invalid 81 Direct taxes, how apportioned 59 Disqualification in certain cases of Senator and Representa- tive 62 Duties devolve on whom in case of removal, death, &c., of President 68 Disabilities, political 80 removal of 80 Enumeration, when, shall be made 59 Executive, State, to make temporary appointments 60 issue writs of election 59 power vested in the President 67 INDEX TO CONSTITUTION OF THE UNITED STATES. 3 PAGE. Elections, times, places and manner of holding, how pre- scribed 61 Electors of President and Vice President, number and how appointed . . . • 67 Congress to determine time of choosing 68. to vote on same day 68 Ex post facto laws prohibited 65, 66 F. Fines, excessive, shall not be imposed 77 Freedom of speech or of the press not to be abridged .... 75 Fugitives from justice to be delivered up 72 G. Government, republican form of, guaranteed • . , 73 H. Habeas Corpus suspended only in rebellion or invasion ... 65 House of Representatives, how and by whom chosen 58 to originate all revenue Bills ... 62 I. Impeachment, power of 56 Senate to have sole power to try 60 judgment in cases of 60, 61 Importation, migration or, of certain persons, provision as to . 65 Information, President to communicate, to Congress .... 70 J. Journal of proceedings to be kept 61 Judicial power, in whom vested 70 to what cases it extends 71, 77 Judges of United States Courts, compensation of 71 Jurisdiction, original, of Supreme Court 71 appellate, of Supreme Court 71 Jury, trial of crimes to be by 71 right of trial by, secured 77 Justice, fugitives from, to be delivered up 72 4 INDEX TO CONSTITUTION OF THE UNITED STATES. L. PAGE. Legislative powers, in whom vested 58 Laws, ex post facto, prohibited 65, 66 President shall take care the, are executed 70 of the United States, supremacy of 74 M. Manner of choosing President and Vice President .... 67, 78 Members, each house to judge of the elections, returns and qualifications of its own 61 power to punish and expel 61 Migration or importation of certain persons, provision as to . 65 Money to be drawn from Treasury only by appropriation . . 66 N. Nobility, titles of, shall not be granted 66 Nomination of certain officers 69 O. Oath of office. President shall take 69 to support the Constitution, by whom taken 74 Objects of the Constitution 58 Officers, power of choosing 59 of the Senate, how chosen 60 not to receive presents, &c 66 nomination of certain 69 of the United States, President to commission ... 70 Offices, civil, forfeited for certain crimes 70 Original jurisdiction of Supreme Court . , 71 P. Persons held to service having escaped to be delivered up . . 72 Petition, right to, guaranteed 75 Political disabilities 80 removal of 80 Powers, legislative, in whom vested 58 of choosing officers 59 Congress 63, 64, 65, 73, 81 INDEX TO CONSTITUTION OF THE UNITED HCrATES. 5 PAGE. Powers of Congress over territory and other property ... 73 impeachment 59 Senate to have sole, to try impeachments 60 States prohibited from the exercise of certain. ... 66 to punish and expel members 61 Executive, vested in the President 67 reserved to States or people 77 judicial, to what it extends .....71, 77 President of the Senate, right of, to vote 60 pro tern., how chosen 60 is tried, Chief Justice to preside when 60 and Vice President, manner of choosing . . . .67, 78 qualification of 68 in case of removal, death, &c., of, duties to de- volve on whom 68 compensation of 69 may fill vacancies, when 70 convene and adjourn Congress 70 vested with treaty making power, with advice and consent of the Senate 69 shall take oath of ofiice 69 be Commander-in-Chief of army and navy . 69 have power to grant reprieves and pardons . . 69 receive Ambassadors, execute laws and com- mission ofiicers 70 to communicate information to Congress 70 Preamble 58 Press, freedom of the, not to be abridged 75 Privileges of Senators and Representatives ■ . 62 citizens of each State 72, 79 Proceedings, rules of, determined 61 journal of, to be kept 61 Prosecutions, trials and punishments, provisions concerning . 76 criminal, further provisions concerning 76 Property, private, not to be taken without compensation . . 76 .Public debt, validity of So Punishment of treason 72 cruel, shall not be inflicted 77 13 6 INDEX TO CONSTITUTION OF THE UNITED STATES. ' Q. PAGE. Qualifications of Representative 58 Senator 60 President 68 each house to judge of, of its own members . 61 religious test never to be required as, to office . 74 Quorum, how constituted 61 R. Race, color or previous condition, right to vote not abridged by 81 Rebellion, debts of, invalid 81 Representatives, House of, how and by whom chosen . . . . 58 qualifications of 58 how apportioned 59, 80 compensation of. 62 exempt from arrest 62 disqualified in certain cases 62 Representation, basis of 80 Revenue Bills, House of Representatives to originate all . . . 62 Rules of proceedings determined 61 Reprieves and pardons, President to grant 69 Republican form of government guaranteed 73 Religious test never to be required as qualification to office. . 74 establishment prohibited 75 Ratification, what, shall establish Constitution 74 S. Search and seizure, right of, regulated 75 Senate, how composed 59 President of, right of, to vote 60 to have sole power to try impeachments ........ 60 Senators, how and by whom chosen 59 classified 60 compensation of 62 qualifications of 60 exempt from arrest 62 disqualified in certain cases 62 Slavery prohibited 79 INDEX TO CONSTlTUTIOxX OF TIIK UNITED .STATES. 7 PAGE. Slaves emancipated, claims for, invalid 81 Soldiers not to be quartered in any house without consent of owner 75 State Executive to make temporary appointments. 60 issue writs of election 59 prohibited from the exercise of certain powers .... 66 admission of new : . . 73 to be protected against domestic violence 73 powers reserved to 77 Supreme Court, original jurisdiction of 71 appellate jurisdiction of 71 Service, persons held to, having escaped to be delivered up . 72 Speech, freedom of, not to be abridged 75 T. • Taxes, direct, how apportioned 59, 65 or duties on exports from any State prohibited .... 65 Tenure of office of Judges of Supreme and inferior Courts of the United States 7° Term of office of President 67 Vice President 67 Titles of nobility shall not be granted 66 Treaty making power vested in the President, with advice and consent of the Senate. ., 69 Trial of crimes to be by jury 71 provisions concerning 76 by jury, right of, secured 77 Treason defined 72 proof of 72 punishment of 72 Territory and other property, Congress to have power over . 73 V. Vacancies, how to be filled 59 State Executive to make temporary appointments to fill 60 when President may fill 70 Veto 62 Vote, Electors to, on same day 68 right to, not abridged by race, color or previous condi- tion 81 Violence, domestic. States to be protected against 73 UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. jyiB? JUL 2 8 196^ R E C E r MAIN LOAN A.M. 7I8|9110!11(12!1 '■'OV a jg,;4 i2'^!2?/i/;3 ED DESK P.M. 2I3I4I5I6 FormL9 — 15m-10,'48(B1039)444 / UC SOUTHERN REGIONAL LIBRARY FACILITY in{ II III 1)1 1 I II I II nil {ii: I II iij I {| III li III III i i II mi I II HI I I AA 000 553 640 4 » t PLEAS^ DO NOT REMOVE THIS BOOK CARD \ ^