fuch impeachment. That the fenators and fuch of the judges of this ftate, as are not members of the house of representatives, be a court for the trial of impeachments, under fuch regulations as the Jegiflature hall establish: And that, previous to the trial of every impeachment, the members of the faid court shall respectively be fworn, truly and impartially to try and determine the charge in queftion, according to evidence. And no judgment of the faid court, except judgment of acquittal, fhall be valid, unless it shall be affented to by two-third parts of the members then prefent. And on every trial, as well on impeachments as others, the party accused fhall be allowed counsel.

24. That the lieutenant-governor of the state, and a majority of the privy-council, for the time being, fhall, until otherwife altered by the legislature, exercife the powers of a court of chancery. And there fhall be ordinaries appointed in the feveral diftricts in this ftate, to be chofen by the fenate and house of representatives jointly, by ballot, in the house of representatives, who fhall, within their respective diftricts, exercife the powers heretofore exercifed by the ordinary: And until fuch appointment is made, the prefent ordinary, in Charlestown, fhall continue to exercife that office as

heretofore.

25. That the jurifdiction of the court of admiralty be confined

to maritime caufes.

26. That juftices of the peace fhall be nominated by the fenate and houfe of reprefentatives, jointly, and commiffioned by the governor and commander in chief, during pleafure. They fhall be intitled to receive the fees heretofore established by law; and not acting in the magiftracy, they fhall not be intitled to the privileges allowed to them by law.

That all other judicial officers fhall be chofen by ballot, jointly, by the fenate and houfe of reprefentatives, and, except the judges of the court of chancery, commiffioned by the governor and commander in chief during good behaviour; but shall be removed on addrefs of the fenate and house of representatives.

28. That the faeriffs, qualified as by law directed, fhall be choien in like manner, by the fenate and houfe of reprefentatives, when the governor, licutenant governor, and privy council are chofen, and commiffioned by the governor and commander in chief for two years, and fhall give fecurity, as required by law, before they enter on the execution of their office. No fheriff who shall have ferved 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, but fhall continue in office until fuch choice be made Nor fhall any perfon be eligible as fheriff, in any district, unless he fhall have refided therein for two years, previous to the election.

73

29. That two commiffioners of the treafury, the secretary of

the

the ftate, the registers of mefne conveyances in each district, attorney general, furveyor general, powder-receiver, collectors and comptrollers of the cuftoms, and waiters, be chofen in like manner, by the fenate, and houfe of reprefentatives, jointly, by ballot, in the house of reprefentatives, and commiffioned by the governor and commander in chief, for two years. That none of the faid officers respectively, who fhall have ferved for four years, fhall be eligible to ferve in the faid offices, after the expiration of the faid' term, until the full end and term of four years, but shall continue in office until a new choice be made: Provided, that nothing herein contained, fhall extend to the several perfons appointed to the above offices refpectively, under the late conftitution. And that the prefent, and all future commiffioners of the treafury, and powder receivers, fhall each give bond, with approved fecurity, agreeable to law.

30. That all the officers in the army and navy of this ftate, of and above the rank of captain, shall be chosen by the fenate and house of representatives, jointly, by ballot, in the house of reprefentatives, and commiffioned by the governor and commander in chief; and that all other officers in the army and navy of this ftate, fhall be commiffioned by the governor and commander in chief.

31. That in cafe of vacancy, in any of the offices above directed to be filled by the fenate and houfe of reprefentatives, the governor and commander in chief, with the advice and confent of the privy council, may appoint others in their ftead, until there fhall be an election by the fenate and houfe of reprefentatives to fill thofe vacancies refpectively.

32. That the governor and commander in chief, with the advice and confent of the privy council, may appoint, during pleasure, until otherwife directed by law, all other neceffary officers, except fuch as are now by law directed to be otherwise chofen.

33. That the governor and commander in chief fhall have no power to commence war, or conclude peace, or enter into any final treaty, without the confent of the fenate and houfe of reprefentatives. 34. That the refolutions of the late congreffes of this state, and all laws now of force here (and not hereby altered), fhall fo continue, until altered or repealed by the legislature of this ftate, unless where they are temporary, in which cafe they fhall expire, at the times refpectively limited for their duration.

35. That the governor and commander in chief for the time being, by and with the advice and confent of the privy council, may lay embargoes, or prohibit the exportation of any commodity, for any time, not exceeding thirty days, in the recefs of the general affembly.

36. That all perfons who fhall be chofen and appointed to any

T2

ffice

office, or to any place of truft, civil or military, before entering upon the execution of office, fhall take the following oath":

"I, A. B. do acknowledge the state of South-Carolina to be a free, independent, and fovereign ftate, and that the people thereof owe no allegiance or obedience to George the Third, king of Great Britain: And I do renounce, refufe, and abjure, any allegiance or obedience to him: And I do fwear or affirm (as the cafe may be) that I will, to the utmost of my power, fupport, maintain and defend the faid ftate, against the faid king George the Third, and his heirs and fucceffors, and his or their abettors, affiftants, and adherents, and will ferve the faid ftate in the office of with fidelity and honour, and according to the beft of my skill and understanding. So help me God."

37. That adequate yearly falaries be allowed to the public officers of this ftate, and be fixed by law.

38. That all perfons and religious focieties, who acknowledge that there is one God, and a future ftate of rewards and punishments, and that God is publicly to be worshipped, shall be freely tolerated. The chriftian Proteftant religion fhall be deemed, and is hereby constituted and declared to be the established religion of this ftate. That all denominations of chriftian Proteftants in this ftate, demeaning themselves peaceably and faithfully, fhall enjoy equal religious and civil privileges. To accomplish this defirable purpose, without injury to the religious property of those focieties of chriftians, which are by law already incorporated, for the purpofe of religious worship; and to put it fully into the power of every other fociety of chriftian Proteftants, either already formed, or hereafter to be formed, to obtain the like incorporation, it is hereby conftituted, appointed, and declared, That the refpective focieties of the church of England, that are already formed in this ftate, for the purpofes of religious worship, shall still continue incorporate, and hold the religious property nów in their poffeffion. And that, whenever fifteen or more male perfons, not under twenty-one years of age, profefling the christian Proteftant religion, and agreeing to unite themselves in a fociety, for the purposes of religious worship, they fhall, (on complying with the terms hereinafter mentioned) be, and be conftituted, a church, and be esteemed and regarded in law, as of the established religion' of the state, and on a petition to the legiflature, fhall be intitled to be incorporated, and to enjoy equal privileges. That every society of chriftians, so formed, fhall give themselves a name or denomi nation, by which they fhall be called and known in law; and all that affociate with them for the purposes of worship, shall be efteemed as belonging to the fociety fo called: But that, previous to the establishment and incorporation of the refpective focieties of every denomination as aforefaid, and in order to intitle them thereto, each fociety fo petitioning, fhall have agreed to, and fubfcribed,

fubfcribed, in a book, the following five articles, without which, no agreement or union of men, upon pretence of religion, fhall intitle them to be incorporated, and efteemed as a church of the established religion of this ftate;

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

Second, That God is publicly to be worshipped.

Third, That the chriftian religion is the true religion.

Fourth, That the holy Scriptures of the Old and New Teftament are of divine infpiration, and are the rule of faith and practice.

Fifth, That it is lawful, and the duty of every man, being thereunto called by thofe that govern, to bear witnefs to truth.

That every inhabitant of this ftate, when called to make an appeal to God, as a witness to truth, fhall be permitted to do it in that way which is moft agreeable to the dictates of his own confcience. And, that the people of this ftate may for ever enjoy the right of electing their own paftors or clergy; and, at the fame time, that the ftate may have fufficient fecurity for the due difcharge of the paftoral office, by those who shall be admitted to be clergymen, no perfon fhall officiate as minifter of any established church, who fhall not have been chofen by a majority of the fociety to which he fhall minifter, or by perfons appointed by the faid majority to choose and procure a minifter for them, nor until the minifter fo chofen and appointed, fhall have made and fubfcribed the following declaration, over and above the aforefaid five articles, viz.

That he is determined, by God's grace, out of the holy fcriptures, to inftruct the people committed to his charge, and to teach nothing (as required of 'neceffity to eternal falvation) but that which he fhall be perfuaded may be concluded and proved from the fcripture; that he will ufe both public and private admohitions, as well to the fick as to the whole, within his cure, as need fhall require, and occafion fhall be given; and that he will be diligent in prayers, and in reading of the holy Scriptures, and in fuch ftudies as help to the knowledge of the fame; that he will be diligent to frame and fashion his own felf and his family according to the doctrine of Chrift, and to make both himself and them, as much as in him lieth, wholesome examples and patterns to the flock of Chrift; that he will maintain and fet forwards, as much as he can, quietness, peace, and love, among all people, and éfpecially among thofe that are or fhall be committed to his charge."

No perfon fhall disturb or moleft any religious affembly, nor fhall ufe any reproachful, reviling, or abufive language, against any church; that being the certain way of difturbing the peace, and of hindering the converfion of any to the truth, by engaging

them

them in quarrels and animofities, to the hatred of the profeffors, and that profeffion which otherwife they might be brought to affent to. No perfon whatsoever fhall fpeak any thing, in their religious affembly, irreverently or feditioufly of the government of this ftate. No perfon fhall, by law, be obliged to pay towards the maintenance and fupport of a religious worship that he does not freely join in, or has not voluntarily engaged to fupport: But the churches, chapels, parfonages, glebes, and all other property, now belonging to any focieties of the church of England, or any other religious focieties, fhall remain, and be fecured to them for ever. The poor fhall be fupported, and elections managed, in the accustomed manner, until laws fhall be provided, to adjust thofe matters in the moft equitable way.

39. That the whole ftate fhall, as foon as proper laws can be palled for those purpofes, be divided into diftricts and counties, and county courts established.

40. That the penal laws, as heretofore used, shall be reformed, and punishments made, in fome cafes, lefs fanguinary, and, in general, more proportionate to the crime.

41. That no freeman of this state be taken, or imprisoned, or difieized of his freehold, liberties or privileges, or outlawed, or exiled, or in any manner deftroyed, or deprived of his life, liberty, or property, but by the judgment of his peers, or by the law of the land.

42. That the military be fubordinate to the civil power of the ftate,

43. That the liberty of the prefs be inviolably preferved.

44. That no part of this conftitution fhall be altered without a notice of ninety days being previously given; nor fhall any part of the fame be changed without the confent of a majority of the members of the fenate and houfe of reprefentatives.

45. That the fenate and houfe of reprefentatives shall not proceed to the election of a governor or lieutenant-governor, until there be a majority of both houfes prefent.

In the Council-Chamber, the 19th Day of March, 1778.

Affented to,

HUGH RUTLEDGE, Speaker

of the Legislative Council.

RAWLINS LOWNDES.

THOMAS BEE, Speaker of the General Affembly.

In the GENERAL ASSEMBLY, the 19th Day of March, 1778.

Published by order of the House,

PETER TIMOTHY, C. G. Ą,