Page images
PDF
EPUB

Section 12. No money drawn from treasury

but by appropriation. 13. The fiscal year shall commence

on November first of each year. 14. State bonds. 15. State, county and school funds. 16. Secession debts shall never be

paid. 17. Any bonded debt contracted by

any subdivision of the State shall never exceed eight per centum, etc.

Section 2. Corporations shall be taxed. 3. No right of way shall be appro

priated without full compen

sation. 4. Dues from corporations. 5. The personal liberty of stock

holders to be fixed. 6. Charters for banking purposes.

ARTICLE XIII.

ARTICLE X.

Militia. 1. To consist of whom. 2. The Governor has the power to

call them out. 3. There shall be an Adjutant and

Inspector-General.

ARTICLE XIV.

Viscellaneous.

Education. 1. Superintendent of Education.

His election.-Powers, duties, etc., to be defined by General

Assembly. 2. School commissioners.-Board of

education. 3. Free schools to be kept at least

six months in each year. 4 Compulsory attendance. 5. Property to be taxed for the

support of schools. 6. A Normal school to be estab

lished. 7. Institutions for the blind, deaf

and dumb. 8. reform school to be estab

lished. 9. State University and Agricultu

ral College. 10. Public schools open to all with

out regard to race or color. 11. The school fund.

1. Qualifications for office. 2. Lotteries and the sale of tickets

prohibited. 3. The State library. 4. Claims against the State. 5. Divorces. 6. Disqualification for office. 7. Printing for the General As

sembly. 8. Woman's property. 9. Removal of causes. 10. Time of election of State officers.

ARTICLE XV.

ARTICLE XI.

Amendment and Revision of the Con

stitution. 1. Amendments may be proposed

in either house. 2. If two or

amendments shall be submitted at the same

time. 3. Constitutional conventions.

Charitable and Penal Institutions. 1. Institutions for the deaf, dumb,

blind, etc. 2. Directors of the penitentiary. 3. Directors of benevolent

and other State institutions. 4. The Governor to fill vacancies. 5. Poor laws. 6. Lunatic asylum.

more

AMENDMENTS.

Article XVI.

ARTICLE XII.

Corporations. 1. They may

be formed general laws.

Prohibiting creation of debt

without consent of the people. Amendment to Article II, Section 11.

Changing election from October

to November.

under

Amendment to Article III, Sec- 1 Amendment to Article II, Section 32. tion 23.

As to homestead, amended. Changing term of office of cer

Amendment to Article II, Section 11. tain State officers.

Biennial elections to be fixed by

Legislature. Amendment to Article II, Section 3.

Amendment to Article VIII, SecToxaway" substituted for

tion 8. White Water."

Burglary, larceny, perjury, forAmendment to Article X, Section 5.

gery or any other infamous Tax of two mills for public

crime added to disqualificeschools,

tions.

PREAMBLE.

We, the people of the State of South Carolina, in convention

assembled, grateful to Almighty God for this opportunity deliberately and peaceably of entering into an explicit and solemn compact with each other, and forming a new Constitution of civil government for ourselves and posterity, recognizing the necessity of the protection of the people in all that pertains to their freedom, safety and tranquillity, and imploring the direction of the Great Legislator of the Universe, do agree upon, ordain and establish the following:

ARTICLE I.

Declaration of Rights. Section 1. All men are born free and equal – endowed by their Creator with certain inalienable rights, among which are the rights of enjoying and defending their lives and liberties, of acquiring, possessing and protecting property, and of seeking and obtaining their safety and happiness.

Sec. 2. Slavery shall never exist in this State; neither shall involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted.

Sec. 3. All political power is vested in and derived from the people only; therefore they have the right, at all times, to modify their form of government in such manner as they may deem expedient, when the public good demands.

Sec. 4. Every citizen of this State owes paramount allegiance to the Constitution and government of the United States, and no law or ordinance of this State in contravention or subversion thereof can have any binding force.

Sec. 5. This State shall ever remain a member of the Ameri. can Union, and all attempts, from whatsoever source, or upon

whatever pretext, to dissolve the said union shall be resisted with the whole power of the State.

Sec. 6. The right of the people peaceably to assemble to con. sult for the common good, and to petition the government, or any department thereof, shall never be abridged.

Sec. 7. All persons may freely speak, write and publish their sentiments on any subject, being responsible for the abuse of that right; and no laws shall be enacted to restrain or abridge the liberty of speech or of the press.

Sec. 8. In prosecutions for the publication of papers investigating the official conduct of officers or men in public capacity or when the matter published is proper for public information, the truth thereof may be given in evidence; and in all dictments for libel, the jury shall be the judges of the law and the facts.

No person shall be deprived of the right to worship God accord. ing to the dictates of his own conscience: Provided, That the liberty of conscience hereby declared shall not justify practices inconsistent with the peace and moral safety of society.

Sec. 10. No form of religion shall be established by law; but it shall be the duty of the General Assembly to pass suitable laws to protect every religious denomination in the peace able enjoyment of its own mode of worship.

Sec. 11. The right of trial by jury shall remain inviolate.

Sec. 12. No person shall be disqualified as a witness, or be prevented from acquiring, holding and transmitting property, or be hindered in acquiring education, or be liable to any other punishment for any offense, or be subjected in law to any other restraints or disqualifications, in regard to any personal rights, than such as are laid upon others under like circumstances.

Sec. 13. No person shall be held to answer for any crime or offense until the same is fully, fairly, plainly, substantially and formally described to him; or be compelled to accuse or furnish evidence against himself; and every person shall have a right to produce all proofs that may be favorable to him, to meet the witnesses against him face to face, to have a speedy and public trial by an impartial jury, and to be fully heard in his defense by himself or by his counsel, or by both, as he may elect.

Sec. 14. No person shall be arrested, imprisoned, despoiled or dispossessed of his property, immunities or privileges, put out of the protection of the law, exiled or deprived of

his life, liberty or estate, but by the judgment of his peers or the law of the land. And the General Assembly shall not enact any law that shall subject any person to punishment without trial by jury; nor shall he be punished but by virtue of a law already established, or promulgated prior to the offense, and legally applied.

Sec. 15. All courts shall be public, and every person, for any injury that he may receive in his lands, goods, person or reputation, shall have remedy by due course of law, and justice administered without unnecessary delay.

Sec. 16. All persons shall, before conviction be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption great; and excessive bail shall not, in any case, be required, nor corporal punishment inflicted.

Sec. 17. The privilege of the writ of habeas corpus shall not be suspended, except when, in case of insurrection, rebellion or invasion, the public safety may require it.

Sec. 18. No person, after having been once acquitted by a jury, shall again, for the same offense, be put in jeopardy of his life or liberty.

Sec. 19. All offenses less than felony, and in which the punishment does not exceed a fine of one hundred dollars, or imprisonment for thirty days, shall be tried summarily before a justice of the peace, or other officer authorized by law, on information under oath, without indictment or intervention of a grand jury, saving to the defendant the right of appeal; and no person shall be held to answer for any higher crime or offense unless on presentment of a grand jury, except in cases arising in the land and naval service, or in the militia when in actual service in time of war or public danger.

Sec. 20. No person shall be imprisoned for debt, except in cases of fraud; and a reasonable amount of property, as a homestead, shall be exempted from seizure or sale for the payment of any debts or liabilities, except for the payment of such obligations as are provided for in this Constitution.

Sec. 21. No bill of attainder, ex post facto law, nor any law impairing the obligation of contracts, shall ever be enacted; and no conviction shall work corruption of blood or forfeiture of estate.

Sec. 22. All persons have a right to be secure from unreason. able searches or seizures of their persons, houses, papers or possessions. All warrants shall be supported by oath or affirmation, and the order of the warrant to a civil officer to make search or seizure in suspected places, or to arrest one or more suspected persons, or to seize their property, shall be accompanied with a special designation of the persons or objects of search, arrest or seizure; and no warrant shall be issued but in the cases and with the formalities prescribed by the laws. Sec. 23. Private property shall not be taken or applied for

. public use, or for the use of corporations, or for private use, without the consent of the owner or a just compensation being made therefor: Provided, however, That laws may be made securing to persons or corporations the right of way over the lands of either persons or corporations, and, for works of internal improvement, the right to establish depots, stations, turnouts, etc.; but a just compensation shall, in all cases, be first made to the owner.

Sec. 24. The power of suspending the laws, or the execution of the laws, shall never be exercised but by the General Assembly, or by authority derived therefrom, to be exercised in such particular cases only as the General Assembly shall expressly provide for.

Sec. 25. No person shall, in any case, be subject to martial law, or to any pains or penalties by virtue of that law, except those employed in the army or navy of the United States, and except the militia in actual service, but by authority of the General Assembly.

Sec. 26. In the government of this Commonwealth, the Legislative, executive and judicial powers of the government shall be forever separate and distinct from each other, and no person or persons exercising the functions of one of said departments shall assume or discharge the duties of any other.

Sec. 27. The General Assembly ought frequently to assemble for the redress of grievances, and for making new laws, as the common good may require.

Sec. 28. The people have a right to keep and bear arms for the common defense. As in times of peace armies are dangerous to liberty, they ought not to be maintained without the consent of the General Assembly. The military power ought always to be held in an exact subordination to the civil authority and be governed by it.

« PreviousContinue »