Imágenes de páginas
PDF
EPUB

ARTICLE III.

netior and I. The judicial power shall be vested in fuch Su Inferior Courts of Law and Equity, as the Legiflature in..., from time to time, direct and establish.

The Judges of each fhall hold their commiffions during good behaviour; and Judges of the Superior Courts thail, at ftated times, receive a compenfation for their fervices, which fhall neither be increafed or diminished during their continuance in office; but they fhall receive no fees, or perquifites of office, nor hold any other office of profit or truft, under this ftate, the United States, or any other power.

II. The ftyle of all proceffes fhall be, "The State of South. Carolina."-All profecutions fhall be carried on in the name and by the authority of the state of South-Carolina, and conclude "against the peace and dignity of the fame."

ARTICLE IV.

All perfons, who fhall be chofen or appointed to any office of profit or truft, before entering on the execution thereof, fhall take the following oath: "I do fwear, [or affirm] that I am duly qualified, according to the conftitution of this ftate, to exercise the office, to which I have been appointed, and will, to the best of my abilities, difcharge the duties thereof, and preferve, protect, and defend the conftitution of this state, and of the United States."

ARTICLE V.

I. The House of Reprefentatives fhall have the fole power of impeaching; but no impeachment fhall be made, unless with the concurrence of two-thirds of the House of Reprefentatives.

II. All impeachments fhall be tried by the Senate. When fitting for that purpose, the Senators fhall be on oath, or affirmation; and no perfon fhall be convicted without the concurrence of two-thirds of the members prefent.

III. The Governor, Lieutenant-Governor, and all the civil officers, fhall be liable to impeachment, for any mifdemeanor in office; but judgment in fuch cafes, fhall not extend further than to a removal from office, and difqualification to hold any office of honour, truft, or profit, under this ftate. The party convicted fhall nevertheless be liable

to indictment, trial, judgment, and panifhment, according to law.

ARTICLE VI.

1. The Judges of the Superior Courts, Commiffioners of the Treafury, Secretary of the State, and Surveyor-General, fhall be elected by the joint ballot of both Houses, in the Houfe of Reprefentatives. The Commiffioners of the Treafury, Secretary of this ftate, and Surveyor-General, fhall hold their offices for four years: but fhall not be eligible again for four years, after the expiration of the time for which they fhall have been elected.

II. All other officers fhall be appointed, as they hitherto have been, until otherwife directed by law; but Sheriffs fhall hold their offices for four years, and not be again eligible, for four years after the term for which they fhall have been elected.

III. All commiffions fhall be in the name, and by the authority of the ftate of South-Carolina, and be fealed with the feal of the ftate, and be figned by the Governor.

ARTICLE VII.

All laws, of force in this state, at the paffing of this con. ftitution, fhall fo continue, until altered or repealed by the Legislature, except where they are temporary, in which cafe they fhall expire, at the times refpectively limited for their duration, if not continued by act of the Legislature.

ARTICLE VIII.

;

I. The free exercife and enjoyment of religious profeffion and worship, without difcrimination or preference, fhall, forever hereafter, be allowed within this ftate to all mankind; provided, that the liberty of confcience, thereby declared, fhall not be fo conftrued as to excufe acts of licentiousness, or juftify practices inconfiftent with the peace or fafety of this

ftate.

II. The rights, privileges, immunities and eftates of both civil and religious focieties, and of corporate bodies, fhall remain as if the conftitution of this ftate had not been altered er amended.

ARTICLE IX.

I. All power is originally vefted in the people; and all free governments are founded on their authority, and are inftituted for their peace, fatety and happiness.

II. No freeman of this ftate, fhall be taken or imprisoned, or diffeifed of his freehold, liberties or privileges, or outlawed, or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the judgment of his peers, or by the law of the land; nor fhall any bill of attainder, ex poft facto law, or law impairing the obligation of contracts, ever be paffed by the Legislature of this ftate.

III The military fhall be fubordinate to the civil power. IV. Exceffive bail fhall not be required, nor excessive fines impofed, nor cruel punishments inflicted.

V. The Legislature fhall not grant any title of nobility, or hereditary diftinction, nor create any office, the appointment to which fhall be for any longer time, than during good behaviour.

VI. The trial by jury, as heretofore used in this ftate, and the liberty of the prefs, fhall be forever inviolably preferved.

ARTICLE X.

I. The bufinefs of the treasury fhall be, in future, conducted by two Treasurers, one of whom fhall hold his office, and refide at Columbia; the other shall hold his office, and refide in Charleston.

II. The Secretary of State, and Surveyor-General, fhall hold their offices both in Columbia and in Charleston. They shall refide at one place, and their Deputies at the other.

III. At the conclufion of the circuits, the Judges fhall meet and fit at Columbia, for the purpose of hearing and determining all motions, which may be made for new trials, and in arreft of judgments, and fuch points of law, as may be fubmitted to them. From Columbia, they fhall proceed to Charleston, and there hear and determine all fuch: motions for new trials, and in arreft of judgment, and fuch points of law, as may be fubmitted to them.

IV. The Governor fhall always refide, during the fitting of the Legislature, at the place where their feffion may be held; and, at all other times, wherever, in his opinion, the public good may require.

V. The Legislature fhall, as foor as may be convenient, pafs laws, for the abolition of the rights of primogeniture, and for giving an equitable diftribution of the real eftate of inteftates.

ARTICLE XI.

No Convention of the people fhall be called, unless by the concurrence of two-thirds of both branches of the whole reprefentation.

No part of this conftitution shall be altered, unless a bill to alter the fame, fhall have been read three times in the House of Reprefentatives, and three times in the Senate, and agreed to by two-thirds of both branches of the whole reprefentation; neither fhall any alteration take place, until the bill, fo agreed to, be published three months, previous to a new election for members to the House of Reprefentatives; and if the alteration, propofed by the Legislature, fhall be agreed to, in their firft feffion, by two-thirds of the whole reprefentation in both branches of the Legislature, after the fame fhall have been read three times, on three feveral days, in each House, then and not otherwife, the fame shall become a part of the constitution.

Done in Convention, at Columbia, in the ftate of South-
Carolina, the third day of June, in the year of our
Lord 1790, and in the fourteenth year of the Inde-
pendence of the United States of America.

By the unanimous order of the Convention,

CHARLES PINCKNEY, Prefident.

[ocr errors][merged small]

The CONSTITUTION of the State of Georgia, as revised, amended and compiled, by the Convention of the State, at Louifville, on the 30th day of May, 1798.

SECT. I.

ARTICLE I.

THE
HE legislative, executive and judiciary de-

partments of government, fhall be distinct, and each department fhall be confided to a feparate body of migiftracy; and no perfon, or collection of perfons, being of

one of thofe departments, fhall exercife any power properly attached to either of the others, except in the instances here. in exprefsly permitted.

SECT. 2. The legislative power fhall be vefted in two feparate and distinct branches, to wit, a Senate and House of Reprefentatives, to be ftyled "The General Affembly."

SECT. 3. The Senate fhall be elected annually, on the first Monday in November, until fuch day of election be altered by law; and shall be compofed of one Member from each county, to be chofen by the electors thereof.

SECT. 4. No perfon fhall be a Senator, who shall not have attained to the age of twenty-five years; and have been nine years a citizen of the United States, and three years an inhabitant of this state, and fhall have usually refided within the county for which he fhall be returned, at least one year immediately preceding his election, (except perfons who may have been abfent on public bufinefs of this state, or of the United States) and is and fhall have been poffeffed in his own right, of a fettled freehold eftate of the value of five hundred dollars, or of taxable property to the amount of one thousand dollars, within the county, for one year preceding his election; and whofe eftate fhall, on a reasonable eftimation, be fully competent to the difcharge of his just debts, over and above that fum.

SECT. 5. The Senate shall elect, by ballot, a President out of their own body.

SECT. 6. The Senate fhall have the fole power to try all impeachments :-When fitting for that purpofe, they fhall be on oath or affirmation; and no perfon fhall be convicted, without the concurrence of two-thirds of the Members prefent:-Judgment, in cafes of impeachment, fhall not extend further than removal from office, and difqualification to hold and enjoy any office of honour, truft or profit, within this ftate; but the party convicted fhall, nevertheless, be fubject to indictment, trial, judgment, and punishment, according to law.

SECT. 7. The House of Representatives fhall be compofed of members from all the counties which now are, or hereaf ter may be, included within this ftate, according to their refpective numbers of free white perfons, and including threefifths of all the people of colour: The actual enumeration

« AnteriorContinuar »