when so commissioned, shall hold their offices during good behaviour, and fhall not be removed from office by the general afsembly, unless for misbehaviour, absence, or inability. 34. That there shali be no establishment of any one religious church or denomination in this state in preference to any other, neither shall any person, 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 house 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 shall be at liberty to exercise their own mode of worship. Provided, That nothing herein contained shall be construed to exempt preachers of treasonable or feditious discourses from legal trial and punishment. 35. That no person in the state shall hold more than one Jucrative office at any one time. Provided, That no appointment in the militia, or the office of a justice of the peace, shall be confidered as a lucrative office. -36. That all commiffions and grants shall run in the name of the state of North-Carolina, and bear teft, and be figned by the governor. All writs shall run in the fame manner, and bear teft, and be figned by the clerks of the respective courts. Indictments shall conclude, Against the peace and dignity of the state. 37. That the delegates for this state to the continental congrefs, while necessary, shall be chosen annually by the general assembly, by ballot, but may be superseded in the mean time in the same manner, and no perfon shall he elected to serve in that capacity for more than three years successively. 38. That there shall be a sheriff, coroner, or coroners, and conftables, in each county within this state. 39. That the person of a debtor, where there is not a strong prefumption of fraud, shall not be continued in prison, after delivering up, bona fide, all his estate, real and personal, for the use of his creditors, in such manner as shall be hereafter regulated by law. All prisoners shall be bailable by sufficient sureties, unless forcapital offences, when the proof is evident, or the presumption great. 40. That every foreigner who comes to settle in this state, having first taken an oath of allegiance to the same, may purchase, or by other just 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 school or schools shall be established by the legifla ture, for the convenient instruction of youth, with fuch salaries to the mafters, paid by the public, as may enable them to instruct at low prices; and all useful learning shall be duly encouraged and promoted in one or more universities. S 42. That 42. That no purchase of lands shall be made of the Indian natives, but on behalf of the public, by authority of the general assembly. 43. That the future legislature of this state shall regulate intails in such a manner as to prevent perpetuities. : 44. That the declaration of rights is hereby declared to be part of the constitution of this state, and ought never to be vioJated, on any pretence whatsoever. 45. That any member of either house of general assembly shall have liberty to dissent from, and protest against, any act or refolve which he may think injurious to the public, or any individual, and have the reasons of his dissent entered on the journals. 46. That neither house of the general assembly shall proceed upon public business, unless a majority of all the members of such house are actually present; and that upon a motion made and seconded, the yeas and nays upon any question shall be taken and entered on the journals; and that the journals of the proceedings of both houses of the general assembly shall be printed, and made public, immediately after their adjournment. This constitution is not intended to preclude the present congress from making a temporary provision for the well ordering of this state, until the general affembly shall establish government agreeable to the mode herein before described... • RICHARD CASWELL, PRESIDENT. 1 December the eighteenth, one thousand seven hundred and seventyfix, read the third time, and ratified in open congrefs. t By Order, JAMES GREEN, Jun. Secretary. 11 SOUTH-CAROLIN A. An ACT for establishing the CONSTITUTION of the State of South-Carolina, passed the 19th day of March, 1778. W HEREAS the constitution or form of government agreed to and resolved upon by the freemen of this country, met in congress the 26th day of March, 1776, was temporary only, and suited to the situation of their public affairs at that period, looking forward to an accommodation with Great-Britain, an event then defired: And whereas the united colonies of America have been fince constituted independent states, and the political connexion heretofore subsisting between them and Great-Britain entirely diffolved, by the declaration of the honourable the continental congress, dated the 4th day of July 1776, for the many great and weighty reasons therein particularly fet forth; it therefore becomes absolutely necessary to frame a constitution 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 state, now met in general affembly, be deemed and held the constitution and form of government of the faid state, unless altered by the legislative authority thereof: which constitution or form of government shall immediately take' place and be of force from the paffing of this act, excepting fuch parts as are hereafter mentioned and specified.. 1. That the stile of this country be hereafter, The State of SouthCarolina. 2. That the legislative authority be vested in a general affembly, to confift of two diftinct bodies, a senate and house of representatives; but, that the legislature of this state, as established by the conftitution or form of government, passed the 26th of March 1776, shall continue and be in full force, until the 29th day of November next enfuing. 3. That as foon as may be after the first meeting of the fenate and house of representatives, and at every first meeting of the fenate and house of representatives thereafter, to be elected by virtue of this $2 1 this constitution, they shall, jointly, in the house of representatives, choose by ballot, from among themselves or from the people at large, a governor and commander in chief, a lieutenant-governor, both to continue for two years, and a privy-council, all of the Proteftant religion; and till such choice shall be made, the former president, or governor and commander in chief, and vicepresident, or lieutenant-governor, as the cafe may be, and privycouncil, shall continue to act as such. 4. That a member of the senate or house of representatives, being chosen and acting as governor and commander in chief, or lieutenant-governor, shall vacate his feat, and another person shall be elected in his room. 5. That every person who shall te elested governor and commander in chief of the state, or lieutenant-governor, or a member of the privy-council, shall be qualified as followeth, that is to say, The governor and lieutenant-governor shall have been refidents in this state for ten years, and the members of the privy-council five years, preceding their said election, and shall have in this state a 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 shall respectively take an oath of qualification in the house of representatives. 6. That no future governor and commander in chief who shall serve for two years, shall 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 person in this state shall hold the office of governor thereof, or lieutenant-governor, and any other office or comthiffion, civil or military, (except in the militia) either in this or any other state; or under the authority of the continental, congress, at one and the fame time. 8. That in case of the impeachment of the governor and com mander in chief, or his removal from office, death, resignation, or absence from the state, the lieutenant-governor shall succeed to his office, and the privy-council shall choose, out of their own body, a lieutenant-governor of the state. And in case of the impeachment of the lieutenant-governor, or his removal from office, death, refignation, or absence from the state, one of the privycouncil, to be chosen by themselves, shall fucceed to his office, until a nomination to those offices respectively, by the senate and house of representatives, for the remainder of the time for which the officer so impeached, removed from office, dying, resigning, or being abfent, was appointed. 9. That the privy-council shall confift of the lieutenant governor for the time being, and eight other members, five of whom shall 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 shall be chosen in the room of the last four to ferve for two years, and all future members of the privy-council shall thence-forward be elected to serve for two years, whereby there will be a new election every year for half of the privy council, and a constant rotation established; but no member of the privy council, who shall ferve for two years, shall be eligible to serve 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 service of the continent or this state, nor judge of any of the courts of law shall be eligible; nor shall 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 senate or house of representatives, being chosen of the privy-council, shall not thereby lose his feat in the fenate or house of representatives, unless he be elected lieutenant governor, in which cafe he shall, and another person shall be chofen in his stead. The privy council is to advise 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 shall die or depart the ftate, during the recefs of the general assembly, the privy-council shall choose another to act in his room, until a nomination by the senate and house of representatives shall take place. The clerk of the privy-council shall keep a regular journal. of all their proceedings, in which shall be entered the yeas and nays on every question, and the opinion, with the reasons at large, of any member who defires it; which journal shall be laid before the legislature, when required by either house. year 10. That in case of the absence 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 shall not vacate his feat in the fenate, house of representatives, or privy council. 11. That the executive authority be vested 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 second year thereafter, elect, by ballot, one member of the senate; except the district of St. Philip and St. Michael's parishes, Charles-town, which shall elect two members, and except also the district between Broad and Saludy rivers, in three divisions, viz. the lower district, little river district, and upper or Spartan district, each of which faid divifions shall elect one member; and except the parishes of St. Matthew and Orange, which shall elect one member; and also except the parishes of Prince George and All Saints, which shall elect one member. And the election offenators for fuch parishes respectively, shall, |