Lapas attēli

ftate, by violating any part of this conftitution, mal-adminiftration, or corruption, may be profecuted on the impeachment of the general affembly, or prefentment of the grand jury of any court of fupreme jurifdiction in this state.

24. That the general affembly fhall, by joint ballot of both houfes, triennially appoint a fecretary for this ftate.

25. That no perfons, who heretofore have been, or hereafter may be receivers of public monies, fhall have a feat in either house of general affembly, or be eligible to any office in this state, until fuch perfon fhall have fully accounted for, and paid into the treasury, all fums for which they may be accountable and liable.

26. That no treasurer fhall have a feat either in fenate, house of commons, or council of ftate, during his continuance in that office, or before he shall have finally fettled his accounts with the public, for all the monies which may be in his hands, at the expiration of his office, belonging to the state, and hath paid the fame into the hands of the fucceeding treasurer.

27. That no officer in the regular army or navy, in the service and pay of the united states, of this or any other ftate, nor any contractor or agent for fupplying fuch army or navy with cloathing or provifions, fhall have a feat either in the fenate, house of commons, or council of ftate, or be eligible thereto; and any member of the fenate, house of commons, or council of state, being appointed to, and accepting of fuch office, fhall thereby vacate his feat.

28. That no member of the council of state shall have a feat either in the fenate or houfe of commons.

29. That no judge of the fupreme court of law or equity, or judge of admiralty, fhall have a feat in the fenate, houfe of commons, or council of state.

30. That no fecretary of this ftate, attorney-general, or clerk of any court of record, fhall have a feat in the fenate, house of commons, or council of state.

31. That no clergyman or preacher of the gospel, of any denomination, fhall be capable of being a member of either the fenate, house of commons, or council of ftate, while he continues in the exercise of the paftoral function.

32. That no person who fhall deny the being of God, or the truth of the Proteftant religion, or the divine authority either of the Old or New Teftament, or who fhall hold religious principles incompatible with the freedom and fafety of the state, shall be capable of holding any office, or place of truft or profit in the civil department within this ftate.

33. That the juftices of the peace within their respective counties in this ftate, fhall in future be recommended to the governor for the time being, by the representatives in general affembly, and the governor shall commiffion them accordingly; and the justices,



when fo commiffioned, fhall hold their offices during good behaviour, and fhall not be removed from office by the general affembly, unless for misbehaviour, abfence, or inability.

34. That there fhall be no establishment of any one religious church or denomination in this ftate in preference to any other, neither fhall any perfon, 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 houfe of worship, or for the maintenance of any minifter or miniftry, contrary to what he believes right, or has voluntarily and perfonally engaged to perform; but all perfons fhall be at liberty to exercife their own mode of worship. Provided, That nothing herein contained fhall be conftrued to empt preachers of treasonable or feditious difcourfes from legal trial and punishment.

35. That no perfon in the ftate fhall hold more than one lucrative office at any one time. Provided, That no appointment in the militia, or the office of a juftice of the peace, fhall be confidered as a lucrative office.

36. That all commiffions and grants fhall run in the name of the state of North-Carolina, and bear teft, and be figned by the governor. All writs fhall run in the fame manner, and bear teft, and be figned by the clerks of the refpective courts. Indictments fhall conclude, Against the peace and dignity of the ftate.

37. That the delegates for this ftate to the continental congrefs, while neceffary, fhall be chofen annually by the general affembly, by ballot, but may be fuperfeded in the mean time in the fame manner, and no perfon fhall be elected to serve in that capacity for more than three years fucceffively.

38. That there fhall be a fheriff, coroner, or coroners, and conftables, in each county within this state.

39. That the perfon of a debtor, where there is not a strong prefumption of fraud, fhall not be continued in prison, after delivering up, bona fide, all his eftate, real and perfonal, for the use of his creditors, in fuch manner as fhall be hereafter regulated by law. All prifoners fhall be bailable by fufficient fureties, unlefs for capital offences, when the proof is evident, or the prefumption great.

40. That every foreigner who comes to fettle in this ftate, having first taken an oath of allegiance to the fame, may purchase, or by other juft 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 fhall be established by the legiflature, for the convenient inftruction of youth, with fuch falaries to the mafters, paid by the public, as may enable them to inftru&t at low prices; and all useful learning fhall be duly encouraged and promoted in one or more universities.


42. That

42. That no purchase of lands fhall be made of the Indian natives, but on behalf of the public, by authority of the general affembly.

43. That the future legislature of this ftate fhall regulate intails in such a manner as to prevent perpetuities.

44. That the declaration of rights is hereby declared to be part of the conftitution of this ftate, and ought never to be violated, on any pretence what foever.

45. That any member of either houfe of general affembly shall have liberty to diffent from, and proteft againft, any act or refolve which he may think injurious to the public, or any individual, and have the reasons of his diffent entered on the journals.

46. That neither house of the general affembly fhall proceed upon public bufinefs, unless a majority of all the members of fuch house are actually present; and that upon a motion made and feconded, the yeas and nays upon any question fhall be taken and entered on the journals; and that the journals of the proceedings of both houses of the general affembly fhall be printed, and made public, immediately after their adjournment.

This conftitution is not intended to preclude the present congrefs from making a temporary provifion for the well ordering of this fate, until the general affembly fhall establish government agreeable to the mode herein before described.


December the eighteenth, one thousand seven hundred and feventyfix, read the third time, and ratified in open congress.

By Order,

JAMES GREEN, Jun. Secretary.


An ACT for establishing the CONSTITUTION of the State of South-Carolina, passed the 19th day of March, 1778.


7HEREAS the conftitution or form of government agreed to and refolved upon by the freemen of this country, met in congrefs the 26th day of March, 1776, was temporary only, and fuited to the fituation 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 conftituted independent ftates, and the political connexion heretofore fubfifting between them and Great-Britain entirely diffolved, by the declaration of the honourable the continental congrefs, dated the 4th day of July 1776, for the many great and weighty reafons therein particularly fet forth; it therefore becomes abfolutely neceffary to frame a conftitution fuitable to that great event: Be it therefore conftituted 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 legislative council and general affembly, and by the authority of the fame, That the following articles agreed upon by the freemen of this ftate, now met in general affembly, be deemed and held the conftitution and form of government of the faid ftate, unless altered by the legislative authority thereof: which conftitution or form of government fhall 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 ftile of this country be hereafter, The State of SouthCarolina.

2. That the legislative authority be vested in a general assembly, to confift of two diftinct bodies, a fenate and house of reprefentatives; but, that the legislature of this state, as established by the conftitution or form of government, passed the 26th of March 1776, thall continue and be in full force, until the 29th day of November next enfuing.

3. That as foon as may be after the firft meeting of the fenate and houfe of reprefentatives, and at every first meeting of the fenate and house of reprefentatives thereafter, to be elected by virtue of

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this conftitution, they fhall, jointly, in the house of reprefentatives, 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 fuch choice fhall be made, the former prefident, or governor and commander in chief, and viceprefident, or lieutenant-governor, as the cafe may be, and privycouncil, fhall continue to act as fuch.

4. That a member of the fenate or houfe of reprefentatives, being chofen and acting as governor and commander in chief, or lieutenant-governor, fhall vacate his feat, and another perfon fhall be elected in his room.

5. That every perfon who fhall be eleted governor and commander in chief of the ftate, or lieutenant-governor, or a member of the privy-council, fhall be qualified as followeth, that is to fay, The governor and lieutenant-governor fhall have been refidents in this ftate for ten years, and the members of the privy-council five years, preceding their faid election, and fhall have in this tate 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 fhall refpectively take an oath of qualification in the house of representatives.

6. That no future governor and commander in chief who fhall ferve for two years, fhall be eligible to serve in the said office after the expiration of the said term, until the full end and term of four years.

7. That no perfon in this state shall hold the office of governor thereof, or lieutenant-governor, and any other office or commiffion, civil or military, (except in the militia) either in this or any other ftate; or under the authority of the continental congrefs, at one' and the fame time.

8. That in cafe of the impeachment of the governor and commander in chief, or his removal from office, death, refignation, or abfence from the ftate, the lieutenant-governor fhall fucceed to his office, and the privy-council fhall choofe, out of their own body, a lieutenant-governor of the state. And in cafe of the impeachment of the lieutenant-governor, or his removal from office, death, refignation, or absence from the ftate, one of the privycouncil, to be chofen by themfelves, fhall fucceed to his office, until a nomination to thofe offices refpectively, by the fenate and houfe of reprefentatives, for the remainder of the time for which the officer fo impeached, removed from office, dying, refigning, or being abfent, was appointed.

9. That the privy-council fhall confift of the lieutenant governor for the time being, and eight other members, five of whom fhall 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


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