صور الصفحة
النشر الإلكتروني

when fo commiffioned, shall hold their offices during good behaviour, and fhall not be removed from office by the general af. fembly, unless for misbehaviour, abfence, or inability.

34 That there fhall be no establishment of any one religious church or denomination in this ftate in preference to any other, neither fhalbany perfon, on any pretence whatsoever, be compelled to attend any place of worship contrary to his own faith or judgement, nor be obliged to pay for the purchase of any glebe, or the building of any houfe of worship, or for the maintenance of any minister or miniftry, contrary to what he believes right, or has voluntarily and perfonally engaged to perform; but all perfons fhall be at liberty to exercife their own mode of worship. Pra vided, That nothing herein contained fhall be construed to exempt preachers of treasonable or feditious difcourses from legal trial and punishment.

35. That no perfon in the ftate fhall hold more than one Jucrative office at any one time. Provided, That no appointment in the militia, or the office of a juftice of the peace, fhall be confidered as a lucrative office.

36. That all commiffions and grants fhall run in the name of the ftate of North-Carolina, and bear teft, and be figned by the governor. All writs fhall run in the fame manner, and bear teft, and be figned by the clerks of the respective courts. Indictments fhall conclude, Against the peace and dignity of the ftate.

37. That the delegates for this ftate to the continental congrefs, while neceffary, fhall be chofen annually by the general affembly, by ballot, but may be fuperfeded in the mean time in the fame manner, and no perfon fhall be elected to ferve in that capacity for more than three years fucceffively.

38. That there fhall be a fheriff, coroner, or coroners, and conftables, in each county within this state.

39. That the perfon of a debtor, where there is not a strong prefumption of fraud, fhall not be continued in prifon, after delivering up, bona fide, all his eftate, real and perfonal, for the use of his creditors, in fuch manner as fhall be hereafter regulated by law. All prifoners fhall be bailable by fufficient fureties, unless forcapital offences, when the proof is evident, or the prefumption great.

40. That every foreigner who comes to fettle in this ftate, having firft taken an oath of allegiance to the fame, may purchase, or by other juft means acquire, hold, and transfer land, or other real estate; and after one year's refidence, shall be deemed a free citizen.

41. That a fchool or fchools fhall be established by the legiflature, for the convenient instruction of youth, with fuch falaries to the masters, paid by the public, as may enable them to inftruct at low prices; and all useful learning fhall be duly encouraged and promoted in one or more univerfities.


42. That

42. That no purchase of lands fhall be made of the Indian natives, but on behalf of the public, by authority of the general affembly.

43. That the future legiflature of this ftate fhall regulate intails in fuch a manner as to prevent perpetuities.

44. That the declaration of rights is hereby declared to be part of the conftitution of this state, and ought never to be viodated, on any pretence what foever.

[ocr errors]

45. That any member of either house of general affembly shall have liberty to diffent from, and protest against, any act or resolve which he may think injurious to the public, or any individual, and have the reafons of his diffent entered on the journals.

46. That neither houfe of the general affembly fhall proceed upon public bufinefs, unless a majority of all the members of fuch house are actually prefent; and that upon a motion made and feconded, the yeas and nays upon any question fhall be taken and entered on the journals; and that the journals of the proceedings of both houfes of the general affembly fhall be printed, and made public, immediately after their adjournment.

This conftitution is not intended to preclude the prefent congrefs from making a temporary provifion for the well ordering of this ftate, until the general affembly shall establish government agreeable to the mode herein before defcribed..

[ocr errors][merged small][merged small]

December the eighteenth, one thousand seven hundred and feventyfix, read the third time, and ratified in open congrefs.

[merged small][merged small][ocr errors][merged small]
[ocr errors]
[merged small][merged small][merged small][ocr errors]

State of South-Carolina, paffed the 19th day of March, 1778.

[ocr errors]

WHEREAS the conftitution or form of government agreed to and refolved upon by the freemen of this country, met in congrefs the 26th day of March, 1776, was temporary only, and fuited to the fituation of their public affairs at that period, looking forward to an accommodation with Great-Britain, an event then defired: And whereas the united colonies of America have been fince conftituted independent ftates, and the political connexion heretofore fubfifting between them and Great-Britain entirely diffolved, by the declaration of the honourable the continental congrefs, dated the 4th day of July 1776, for the many great and weighty reafons therein particularly fet forth; it therefore becomes abfolutely neceffary to frame a conftitution fuitable to that great event: Be it therefore constituted and enacted, by his excellency Rawlins Lowndes, Efq. prefident and commander in chief in and over the state of South-Carolina, by the honourable the legiflative council and general affembly, and by the authority of the fame, That the following articles agreed upon by the freemen of this ftate, now met in general affembly, be deemed and held the conftitution and form of government of the faid ftate, unless altered by the legislative authority thereof: which conftitution or form of government fhall immediately take place and be of force from the paffing of this act, excepting fuch parts as are hereafter mentioned and fpecified..

1. That the ftile of this country be hereafter, The State of SouthCarolina.

2. That the legislative authority be vefted in a general affembly, to confift of two diftinct bodies, a fenate and houfe of reprefentatives; but, that the legislature of this state, as established by the conftitution or form of government, paffed the 26th of March 1776, fhall continue and be in full force, until the 29th day of November next enfuing.

3. That as foon as may be after the firft meeting of the fenate and houfe of reprefentatives, and at every firft meeting of the fenate and houfe of reprefentatives thereafter, to be elected by virtue of

$ 2


'this conftitution, they fhall, jointly, in the house of reprefentatives, choose by ballot, from among them felves or from the people at large, a governor and commander in chief, a lieutenant-governor, both to continue for two years, and a privy-council, all of the Proteftant religion; and till fuch choice fhall be made, the former prefident, or governor and commander in chief, and viceprefident, or lieutenant-governor, as the cafe may be, and privycouncil, fhall continue to act as fuch.

4. That a member of the fenate or house of representatives, being chosen and acting as governor and commander in chief, or lieutenant-governor, fhall vacate his feat, and another perfon fhall be elected in his room.

5. That every perfon who fhall be ele Red governor and commander in chief of the ftate, or lieutenant-governor, or a member of the privy-council, fhall be qualified as followeth, that is to fay, The governor and lieutenant-governor fhall have been refidents in this ftate for ten years, and the members of the privy-council five years, preceding their faid election, and fhall have in this ftate a fettled plantation or freehold, in their and each of their own right, of the value of at least ten thousand pounds currency, clear of debt; and on being elected, they fhall refpectively take an oath of qualification in the house of reprefentatives.

6. That no future governor and commander in chief who fhall ferve for two years, fhall be eligible to ferve in the faid office after the expiration of the faid term, until the full end and term of four years.

7. That no perfon in this ftate fhall hold the office of governor thereof, or lieutenant-governor, and any other office or comfiffion, civil or military, (except in the militia) either in this or any other ftate; or under the authority of the continental, congrefs, at one and the fame time.

8. That in cafe of the impeachment of the governor and commander in chief, or his removal from office, death, refignation, or abfence from the ftate, the lieutenant-governor fhall fucceed to his office, and the privy-council fhall choose, out of their own body, a lieutenant-governor of the state. And in cafe of the impeachment of the lieutenant-governor, or his removal from office, death, refignation, or abfence from the ftate, one of the privycouncil, to be chosen by themselves, fhall fucceed to his office, until a nomination to thofe offices refpectively, by the fenate and houfe of reprefentatives, for the remainder of the time for which the officer fo impeached, removed from office, dying, refigning, or being abfent, was appointed.

9. That the privy-council fhall confift of the lieutenant governor for the time being, and eight other members, five of whom fhall be a quorum, to be chofen as before directed, four to ferve for two years, and four for one year; and at the expiration of one


year, four others fhall be chofen in the room of the laft four to ferve for two years, and all future members of the privy-council fhall thence-forward be elected to ferve for two years, whereby there will be a new election every year for half of the privy council, and a conftant rotation established; but no member of the privy council, who fhall ferve for two years, fhall be eligible to ferve therein after the expiration of the faid term, until the full end and term of four years: Provided always, that no officer of the army or navy, in the fervice of the continent or this state, nor judge of any of the courts of law fhall be eligible; nor fhall the father, fon or brother of the governor for the time being, be elected in the privy-council during his administration. A member of the fenate or house of representatives, being chofen of the privy-coun cil, fhall not thereby lofe his feat in the fenate or houfe of representatives, unless he be elected lieutenant governor, in which cafe he fhall, and another person shall be chofen in his ftead. The privy council is to advife the governor and commander in chief, • when required, but he shall not be bound to confult them unless directed by law. If a member of the privy-council fhall die or depart the ftate, during the recefs of the general affembly, the privy-council fhall choose another to act in his room, until a nomination by the fenate and house of representatives fhall take place. The clerk of the privy-council fhall keep a regular journal. of all their proceedings, in which fhall be entered the yeas and nays on every queftion, and the opinion, with the reasons at large, of any member who defies it; which journal fhall be laid before the legislature, when required by either houfe.

10. That in cafe of the abfence from the feat of government, or fickness of the governor and the lieutenant-governor, any one of the privy-council may be empowered by the governor, under his hand and feal, to act in his room; but fuch appointment fhall not vacate his feat in the fenate, houfe of reprefentatives, or privycouncil.

11. That the executive authority be vefted in the governor and commander in chief, in manner herein mentioned.

12. That each parish and district throughout this state, shall on the last Monday in November next, and the day following, and on the fame days of every fecond year thereafter, elect, by ballot, one member of the fenate; except the district of St. Philip and St. Michael's parishes, Charles-town, which fhall elect two members, and except alfo the diftrict between Broad and Saludy rivers, in three divifions, viz. the lower diftrict, little river diftrict, and upper or Spartan diftrict, each of which faid divifions fhall elect one member; and except the parishes of St. Matthew and Orange, which fhall elect one member; and alfo except the parishes of Prince George and All Saints, which fhall elect one member. And the election offenators for fuch parishes refpectively,


« السابقةمتابعة »