The Newberry Herald, 1865-10-04

impeachment of the Lieutenant-Governor or his removal from office, death, resignation, disqualification; disability or removal from the State, the President pro ternpore of the Serr Serrate - ate Serrate shall succeed to his office ; Ind when the pffice,of the Governor, Lieutenant Governor and -President p2Ko tempore of the Senate shall become vacnt in the recess of'the Siate, the Secretary of State,.for the time being, shall, by proclama'ion; convene the Senate, that a President pro tempore may be chosen to exercise the office of Governortortt:e un unfkpired - fkpired unfkpired term. 8cc. 10. The Governor. shll be Command Commander-in-Chief*of - er-in-Chief*of Commander-in-Chief*of the Army and Nary of this Statelind of the Inilitia, except when they shall be called into the actual service of the United 9tatV. Sec. 11. He shall have power to g'ant - re reprieves - prieves reprieves and pardons after conviction, (except in cases of irnpeachment,) in such manner, on such terms and L..der such restrictions as he shall think proper, and he shall have power to re;nit fines and forfeitures, unless othern ise directed by law. Tt shall be his duty th re re,or4 - ,or4 re,or4 to; the General Assembly at the next .,regular session thereafter oi pardons granted by him, with a full statement of tach case and the rcsons moving him thereunto. Sec. 12. He shall take gare that the 11tws be faithfully executed- in mercy. See. 13. The Governor ind Lieutenant-Gov Lieutenant-Governor - ernor Lieutenant-Governor sball,'at stated times,;receive for their services a compensation -N lich shall be neither increased or dimiished during.the period for wbich they shall have been elected. - Sec. 14%All officers in ihe Executive .De., I-artment, when Vequired by the Goverhor, shall give him inforimition in writing 'upon any subject relaiing to the duties of -the re respective - spective respective offices. -'Sec. 15. The Governer shalIT, from. time to time: give to the General Assembly informa information - tion information of the condition of-the State, and recom recomment - ment recomment to their consideration such measures as he shall judge necessary o- expedient. See 16. le inay, on extraordinary oea oeasions, - sions, oeasions, coarene the -General Assembly, and should either Hco,e remain without,,a quo quorum - rum quorum for three dhys, or in case of disagreenient betweCn the two Houses, with respect to the time of adjournment, may adjourn *them to such time as he shall think proper, not be beyoind - yoind beyoind the fourth Monday of November then next ensuing. Sec. 17. He shall commission all ofteers of fthe Sta'e. Sec. 18. It-shall be the duty of the Ma - agers of Elections of this 'State, at the first general election under this Ctinstitution and I-at 'each alternate general erection Lhereafter, to hold an -election for Governor and Lieu Lieu*tenantiGovernor. - *tenantiGovernor. Lieu*tenantiGovernor. . - - Sec. 19. The Governor and' the.Lieutenant the.LieutenantGovernor, - Governor, the.LieutenantGovernor, before e.ntering upon the duties of 'their respectite ofBeces, shall,' in-the - presence of the, General Assembly, fake the oath- of office prescribed in this Cons.titution. Sec. 20. The Governor shall resi*,. during the sitting of the General Assembly; at the plg where its sessen may be held ; and the General Assembly may, by lawr, requis-e -him to reside 'a the Capitol of the State. *Sec. 21. Every Bill which shall have passed the General Assembly, shall, before it be becomes - comes becomes a law,.be'presrated to the Governor; if he approve, he shall sign it; but if r ot, he shall retorn' it, with his, obje'etions, to thait House in:'which it shall have origi'nated, who shall entei- the objections at large on their jour journal, - nal, journal, and proce'd to reconsider it. If after such reconsideration a majority 'of the whole re~pre re~presentation' - sentation' re~presentation' of that House .shall 'agree to pass' the Bill, it shall' be s.ent, together with - the o 'ections, to the' other House, -by' iir- e'. it1 shall lhkewise be reconsidered,nand if approved. by a majority of the whole reprdsentation :f that other Houge, it - shall become~ a law. 1But in all such caes the votes of both Houses salbe determired by yeas and- nays, -and the names -of the- persons voting for and against the Bill shall be entered. on the jour journal - nal journal of each U ousce respectively. 2If any Bill shall not be returned by*the 0.ofernor within two days (Suiays, excepted) after it shall have been piresented to hfa1 the samo shall be a law in like'anig6r as iNte hd sigil And, that tine may alsiys $e ftlwed. he Gov5rnor to consider Bills passed by the General Asseimbiy netter. House shall -read any 2111onL4he'last day.:of its session, except sctls as have been returned ~y the Gov Governor - ernor Governor as herein pro xided. ARTICLE IIU. ,Sec. L~ The-judical-power shall, bd vested in such Superior and. Infeisior. Courts'of taw and Equity as' the General Assembly shall~ fr om time to time, direct and establish. -'The Judges of the. Superior Co~ shall be elec elected - ted elected by th'e Geperal A s ~, shall hold their ofces during rood%havior, and shall, at sta4 ted timnes,.receive a compensation for their services, wrhich shall neither be increased nor] diminished dtiring their dontinuance in office;' but they shall reeeive no fees or perquisites6'f office, or hold any other office of profit or trust under this State, tehe 'United Stat'es of Amer- ' ica, r any of them, or arty dther powe. The eneral Asimbly shall, as soon as possible, establish for each District in the State an inferior Court or Courts, to be styled "The District Court," the - udge whereof shall be resident in the lhistrict while in office, shall be el'ected by the deneral Assembly for four years, and shall be re-eligible, which Court shall have jurisdiction pf all civil causes whereini one o. both of thig parties are per persons - sons persons of c<olor, and of all criminal cases where where.n - .n where.n he icue s a nmren of colour. 'and the

General AsNinbly is empowered to extend the jurisdiction o the said Cot to other .subjects. Sec. 2. The Judges shalf meet %nd set at Columbia, at such time as the General A~sem A~sembly - bly A~sembly may by Act prescribe, for the purpose of hear ing hnd determining all mptions for new trials and in arrest of judgment, and such points of knw as may be submitted to them, ad the .Genersi Assembly may by Act ap appoint - point appoint such other places for sifth nfeeting as in their discretion may seem fit. Sec. S. The style of all processes shall be, "The State of South Carolina." All proseed proseed%ions - %ions proseed%ions shall be carried on in the name and by the authority of the Sfate-f. South Carolina, and,conclude, "against the pace anid di'nity of the same." ARTICLE IV. In J1 elections'to be mad6 by the people of tWs State, or of any part therqof, for civil or politiaal offices, every person shalT be entitled to vote. who-has the following qalifications, to wit: He shall be a (ree white man, who has at attained -- tained attained the age of twenty-one years, and is not, a pauper, nor a nen-.ommissioned. officer or private soldier * the-army,.n6t a seaman or mar4ne of the navy of the United'States. He shall, for the two years next preceding, the day of election, have been a citiei of this State; orf for the same peridd, an emigrant from Europe,-who has declared hig intention to become a citizen of the United States, ac according - cording according to the CQnstitution and Laws of the theUnited - United theUnited States. lie shall have resided'in this State for at least two years next preceding the day of election, andi, for the last six months of that time, in the District in whieh -he offers to-vote. Provided, however, That the Gen-: eralAssembly_may, by requiring a registry -of voters, or other suitable legislation, guard %gainst frauds in elections, and usurpations 4f the right of suffrage, may inpose disqafi disqafication - cation disqafication to vote as a punishment,for erime, and may prescribe additional qualifications for 'o 'oters - ters 'oters in municipal elections. ARTICLE V. All persons,. who shall be elected or appoin appointed - ted appointed to any office of pr'fit or trust, before en entering - tering entering on the execution thereof, shall take (besides special oaths,-not repugnant to this .oititution, prescribed by the General As sembly,) the following oath : "I do swear (oi- affirmn that 1, am diily qualified, according td. thl Constitudoh of this State, to exercise the offiee to whict I have been appointed, And that I-wil, to-4he bent of my ability, discharge the duties there* of, and preserve protect and defend the Con Constitution - stitution Constitution of this State, and that of the United States. So help me Gqd. ARTICLE VI.-^V VI.-^VSec..I.' - Sec..I.' VI.-^VSec..I.' The House of Representatives shall have the sole, power of impeaching, but no impeachment shall be made, unle,ss with ethe concurrence of- two-tlbirds of the house of Representativs.. Sec. 2. All-impeachments shall-be tried by the Senate.. When sitting for - that purpose, the Senators shall-be on.oath or affirmation, and no person shall beconvicted without the concurreince of 'two-thirts of the members present. . . .Sec. - Sec. .Sec. 3. The G3overnor,. Lieutenan,t-Gover Lieutenan,t-Governoi, - noi, Lieutenan,t-Governoi, and all civil officers, shall be liable' to impeachment for high crimes and -misdemea nors, fora any misbehavior in office, f'or cor corruption - ruption corruption in procari'ng 'office, or for many 'act 'which' shall degrade their- official character. But jndgment in such cases sbai1 not eztend further than .to removaL from flee, and dis disqualification - qualification disqualification to hold any office of honor,~ or profit, under this State. The party -vona victedshall, nevertheless,-be iabl'g to indict indictment, - ment, indictment, triaj, jiidgmxent and punishment- accor. ding to law. -Sec..4. Ail civil officers, whose authority is. lin'ited to a single Juditial District, a single Election Distict, or part of either, shall be appointed, hold their office,. e removed from office, and in addition to liability to ~impeach ~impeachment' - ment' ~impeachment' maybe punishc<ffor official misoo'nduct, in such manner as the G6neral Assembly, pre previous - vious previous to their appointment, may provide. provide.Sec~ -- Sec~ provide.Sec~ . I C any civil officer shall become- d1s bidfoedischarging the dutiesof imofilc renasftLof ijpemanernt bodily or- wcental ifi'rmith bif office mjay be declared te be va vacant, - cant, vacant, lfy joint i'esolution, -agreed to by twQ twQthirds - thirds twQthirds of the yhole -representato.~ in each House of the General Assembly:i Provided, That streh r~esolution shall contain-the grounds for the proposed remova1l, and before it shall as either Hlouse,- a y of it shaakka&l Scc. 1. The Treasurer and the Secretary of State shall be elected by the General Assem Assembly - bly Assembly -in the House of Representatives, -shall holNjheir offiees for four years and shall note be eligible for"the next succeedirig term. Sec. 2. All other.officers shall be aippojnted, as they hitherto have been, until othedwise 'irected by law; but the sam#persoti shall not hold the office of sherift' for two cotiseen tive terms. . Sec. 3. All commissions shall be in the n'ame atby the authority of the State of South Carolina, be sede~d with the seal of the State, and be signed by the Governor. - -ARTIE VIII. All inws of force in this State,.attbe adop adoption - tion adoption of this Constitutioni, and not -repugnant -repugnanthereto, - hereto, -repugnanthereto, shall so continuer until-altered or re repealed - pealed repealed by the General Assembly, except where they arc temporary, in which case they shall expife at the thies respectively limited for their duratio, if niot continued by Act of the the(cn - (cn the(cn i ralmQTblf.

sembly, who shall meet-under this Corkstitti tion, shall be entitled to receive out of the Pubic Treasury, for their expenses during t1leir attendance on, going to and rotnrning frMbm the General Asqenbly, fire dollars foi each day's attendance, and twenty*cents foi every mile of the ordinary route of tra*1 be twen the residence of the Member44th< capitol or other place of sitting 6f the Genera Assembly, both going. ahd returning; ani the same may. be increased or diriished by law, if circumstances -shall require ; but n< alteration shall be made tQ take effect during the existence of the General Assembly which sli 1l make such alteration. Sec. 27. Neither House, during the session of the General Assembly, shall, without the sonsent of the other, adjourn for more than three day, nor to any other ph'ace than that iq wl'ich he Assembly shall be, at the.Uime, 'sitting. Sec. 28. No_ person shall be el'gible to a seat in the G%neral Assembly whilst he holds any office of profit or trust under this State, the United States of America,or any of them, or under any other power, except officers in t,he mUitia, army or navy of this State, Mag Magistrates - istrates Magistrates or Jastices of Inferior Courts, V1hile such -Justices receive no salaries; nor shall a'ny contractor of the army or nvy of this State, the United States.of America, or any of them, or .be agents of such contractor, be eligible to a seat in either Nouse. And if any Menbcr shall accept or exercise any of the said disqualif) ing officeq he shall vacate his seat. Sec. 29. If apy Election District shall ne neglect - glect neglect to choose a member or members on the day of elcctio,,6r if any person chosen a membei of either House shA! refuse to quali qualify - fy qualify and take his seat, or shall resign, die, de depart - part depart the State, accept any disqualifying office, .or become otherwise 'isqualified t hold his 0e'at, a writ of election sh&l1 be issued by the President of the Senate or Speaker of the House of Rvpresentatives, as the case may be, for the purpose of filling the vacancy thereby occasioned, for th'e remainder of the term for which the person so refusing to qualify, re resigning, - signing, resigning, dying, departing the State, or be becoming - coming becoming disqualiied, was blected to serve, or the defaulting Election Diitrict ought to have chosen a member or metnbers. Sec. 30. And vrhereas the ministers of the Gospel are, by their profession, dedicated to the service of God and the cure of souls, and ought notto be diverted from the great duties of their functions; thetefor,.Ao airs airster - ter airster of the Gospel or public preacher if an anreligious - religious anreligious persuas,iohl, whilst he continues a the exercise of his pAst6ral functions, shall be eligible to the office of Go'vernor, Lieuten ant-(overnor, or to. a seat -in the Senate or Hlouse of Representatives. . ARTICLERII Sec. 1.. Thd Executive authority of this Statashall be vested in a Chief Magis Magistrate, - trate, Magistrate, who shall be styled, The Governor of the State of Sonth Carolina. - Sec. 2. The- Gwernr~ shall be elected by the electors duly qualified to vote for the members of the House of .Representatives, and shall hold his office fo'' four years, and ~un til his succes'sor shall be chosen and, quali qualified; - fied; qualified; but the same person. shall not be~ Gov Governor - ernor Governor for two consecutive termse. Sec. 3. No person shall be eligibTe to the office of Governor, unless heghiatha attained the tge of thirty years, and hath been a ejti ejtizen - zen ejtizen and resident of this State for the ten years next preceding the day of election. And no person shall hold:the office of Gover Governor, - nor, Governor, and any other office or commissionr- civil or military, (exdept in the militia,) under this State or the United States, or any .of them, or any other power, at one and the same, time. Sec. 4 The returns of every election of Gov Governor - ernor Governor shall be scaled up by the Managers of Elections in their respective Districts, and transmitted, by a messenger chosen by them, to the seat of Governmenti directed to the the Spcakcr of the (Iouse of Representatives, at the next .ensuing session of the General assembly, during tbe first. " eek of which ses session - sion session t'he Speaker shall open and pub}ish them in the presence of both Houses -of 'the -Gene -General - ral -General Assembly.- The person havingthe high highest-number - est-number highest-number of fotes.shall be 0gvernor; but ii two or more shall be egnal and highest in votes, the General Assembyrshall, during the same session, in' the 'Iouse of R6presenta R6presentat'cs,'choose - t'cs,'choose R6presentat'cs,'choose one of them'~Governor rica 'roce. Cntested eldctiorfs fer Governor s'hall be de determined - termined determined by the General Assembly in such manner as shall be pres'cribed by law. Sec. 5. A Lieutenant-Governor shall bc chosen a the same time, in the same manner, continue in office for the same period, and be possessed of the same qualifications as the Governor, and shall ex offcio be President ol the Senate. ' *Sec. 0. Thg Lieutenant-Go.vernor, acting as president of the Senate, shall have no vote, u.ness the Senate he equally diVided. Sec.7T. The Senate shall choose a President pro tempore to act in the absence of the Lietu Lietuten - ten Lietuten tT~ vernlor, or when he shall exercise the o of Governo.r. Exc. 8. A member of the Senate aor of the HI'use df Representatives. being chosen ani acting as Governor or Lieutenant-GoverumO call ther-eupon vacate-his seat, and anothei person shall be elected in his stead. Soc. 9. In case of the impeachment of the Governoir or his removal from office, death resignton,disqualification,disability or r.emo r.emoval - val r.emoval from thc State, the Lieutenant-Gover,noi sa.,n <uce- t i ofime. an'?in enee of th<

up; Provided, however, that nqt snore than twelve Representatives shall, in any appor apportionment, - tionment, apportionment, be assigned4to any one Election Dis District. - trict. District. Sec. 10.- No apportionment of Representa Representatives - tives Representatives shall bconstrued to take effect, in any manner, untiN the general election which shall succeed such apportionment. Sec411. TboSenate shall be composed of one member from each Election District, ex except - cept except the Election District of Charleston, to wilich shall be allowed tw9 Senators. Sec. 12. Upon the meeting of the first General Assembly, which slhall be chosen un under - der under the provisions of this Constitution, the Senators shall be divided, *by lot, into two classes; the seats of the Senators of the one class to be vacated at the. expir'tion of two yea;s after the Monday following the genera election,-and of those of the other clab at the expiration of four years; a4d the number of these classes shall be ao proportioned tfiat one half of the ihole number of Senators may, as nearly as possible, continue to be chosen thereaf*r everi second year. Sec. 13 No person shall be eligible to, or take or retain, a seat in the House of Repre Representitives, - sentitives, Representitives, unless he be a free white man,who bath attained the age of twenty-one years, bath been a citizen and resident of this State three years next preceding the day of elec election, - tion, election, and hoth been, or the last six njonths of this time, 'nd shall -continiu, a resident of the District ayhich he'is to represent. Sec. 14. No person shill be -eligiblc to, or take -or retain,. a seat in the Sen ite, un unless - less unless he is a free white man, who bath attained the age of thirty years, hath been a itizen and resident of this State five years next pre preceding - ceding preceding the day of-election, and hath been, for the last six months of this time, and shalf con continue - tinue continue to be, a residen.t of the District whigh he is to represent. See. J5.,. Senators and Mebers of the House of Representatiwes shall be chosen at a generaI election on the third Wednesday in October, in the present year, and on the same iay in every second year th, aVr, in such manner, ant for such terms of office; as are herein directed. Thev shall meet 6n the fourth Monday in Novemib r, annu:!y at Co Coiuubia', - iuubia', Coiuubia', (which shall rem:iin the seat of Gov Government, - ernment, Government, -until otherwise determined by the concurrcae '' to thirds of both franches of the whole representation,) un unIess.tho - Iess.tho unIess.tho casualties of war or rontagious di diorders - orders diorders shall render it unsafe to met t there ; irr either of which eases, the Governor or ICOmnsder in-chief, for the time being, may, by proclunation, app.int'a ipore secure vnd convenient place of i'eeting. Sec. 16. The terms of offic~e of the Senators anRld Ropresentatis es, chosen ,at a 'ggneral election, shall begin!on the IMonday folHowing such elettion. . * Sec~. 17. Each House shall j:;lge of the> elections, returns and gn difications of its own~ Members ; andl a majos ity of each House shall constitute a qurTm tn do bu.,iness ; but a smaller number may agiourn from day to day1 and mny te aMthorized tb g-ompel the'at-! tendance of%bhsent Memtbeis, in such manner, and under such penalties, asimay be provided by law'. Sec. 18. Each IHotise -shall choose its own of8ieers, determines its rules of proceedling, punish its Members for disorderly behavior, and, with the concurrence of two thirds, ex expel - pel expel *f~tnmber, but 'not a seco'nd timec for the samebause samebauseSec. - Sec. samebauseSec. ,19, Eachi house may punish, by ir# prisonment, de:Ing its .sitting, any person, not a member, who shall be guilty of disre disrespect~to - spect~to disrespect~to the House by any dis->rder-ly or con conteiaptuous - teiaptuous conteiaptuous behavior in its presence; or*who, diing the time of its sitting, shall threaten harm to body or estate of any Membe'r for anything said or done in eithier Uouse, or w~ao hall assault -any <.f them therefor, or whgo shall assault or arrest any witness or c tffer person ordered to attend the House, in his going thereto, or returning therefrom, or who sball rescue any rerson arrested by order of the House. See. 20. The members of both Houses shall be protected in t$eir persons and estates dur dur,in - ,in dur,in their attendance o'n, going to, and re returning - turning returning from, the Genvral Assembly, and ten days previous!o the sitting, and ten d-iys after the adjournment thereof. But these privileges shall. not be.ex'tended so as to plo plotect - tect plotect any M!ember who shall *be charged withI treasoD, felony or breach of the peace. -Sec. 21. Bills, for raisinig -a revenue s'hall origiate in-ethe House of Repyesentatives,but may be alteret ameided or-rejecterd by- bly Senate; and all other bills may.. originate in either House, and' may ,be amended, altered or rejec'tpd by the other*? Sect 22. Every Aeror 11esoution having the force of law shall relate to but one sub subject, - ject, subject, and that shall be expressed in the title. Sec. 23. No bill shall hare the force of law until it shall have been read tirree times, and on three sev'eral days, ini' each Hoise, has had the seal of t,he State alhxed to it, and has, been signed in the Senate I louse by the Pres President - ident President of the $enate and the Speaker of the House>of Representatives. Sec. )4.No money shinJl he dra~wn out of the Public Treasury but by the legislative authority of the State. Sec. 25. Tn ~all eldtions by the General Assembly, or either HIousQ thereof, the mem members - bers members shall vote "rict voce", and--their vote thus gIren, shall be entered upon the journals of the House. to ivhich they res)ectively be-. long. * ". -.hme M.abrs of thr General As -