The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-02-11
The Leg islativo Department.


The Lie. islativo Department..
The following article on the Legislative was
nresented to the convention BY the Committee
On the Legislative part of the Convention, and
was read first time:
ARTICLE u.
srcrroN 1. The Legislative power OF this
State shall be vested in two distinct branches,
the one to be styled the ''Senate,." and the
other the ssHouse OF Representatives, and
hoth together the General Assembly OF the
State of South Carolina" N
SEC. 2. Tho House OF Representatives. snail ml!
he composed of members chosen by ballot
evarv second wear, by the citizens Of this State,
onalified as in this constitution Is PROVIDED.
Sro. s. The Judicial Districts shall here
after he designated as counties, and the pound
a-;es of tbe Several counties shall remain as
thev ore now established, except the County OF
Charlesron, which shall be dividei INTO Two
coupties; one consisting OF the late Parishes
Of St. Phillip and st. MlSna nS 10 os aet
other. consisting Of all that part OF the
late Judicial Distri,5 of Charleston which
ia without the limits Of the said parishes,
to he known as the County OF Berkeley
Provided, That the legislature shall have the
power at any time, by vote OF two-tnirds OF
both Houses, to organize now co9nties py
changing the boundaries OF any OF the olo
ones: but no new county shall be hereafter
formed of less extent than 625 square miles,
NOR shall any existing counties be reduced 10
Iess extent than 625 square miles. Each coun-
ty shall constitute one election district. >,
SEC. 4. The House of Representatives shall
consist Of one hundred and twenty,four mem,
bers. to be apportioned among the several
COMMITTEES according to the number OF lnhablt-
ants Contained in each. An enumeration Of
the inhabitants, for this purpose, shall be
made IN 1869, and again in 1875, and shall be
made in the course Of every tenth year there
after. in such manner as shall be by law Oh,
rected; and representatives shall De assigned
to The different counties in the above menu2n-
ed proportion, by act OF the General ASSEMBLY
at fhe session Immediately succeeding every
enumeration; Provided, That until the appor-
tonment. which shall be made upon the next
enumeration, shall take effect, the representa-
ton of the several counties, as herein consul
tinted. shall be the same as the number OF dee
estes allowed to each county in this conven-
tion.
SEC. S. If the enumeration herein directed
shall not be made in the course OF the year
snnointed for the purpose, it shall be the duty
OF the Governor to have it effected as soon
thereafter as shall be practicable.
SEC. 6. In assigning representatives to the
several counties, the General Assembly shall
allow one representative to every one hundfcG
and twenty fourth part Of the whole NUMBER OF
inhabitants in the State; Provided, Ihat II ID
the apportionment OF representatives any
county shall appear not to be entitled, from it's
population, to representative, such county
shalI nevertheless send one representative
and il there be still deficiency OF the number
Of representatives required by Section 4,
such deficiency shall be supplied by assign
ing representatives to those counties having
the largest surplus fractions
SEQ. 2. No apportionment OF representatives
shall be construed to take effect, in any man
ner, until the general election which shall sue
coed such apportlonment:
SEC. 8. The Senate shall be composed Of one
member from each county, to be elected, Tor
the term of four years, by the qualified voters
of the State, in the same manner Dy Wmcn
members Of the House OF representatives are
chosen.
SEC. 9. Upon the meeting Of the first Cen
eral Assembly which shall be chosen under the
tia proyisions Of this constitution, the Sena-
tors shall be divided, by lot, into two classes,
as nearly equal as may be-; the seats OF the
Senators Of the first class to be vacated at the
expiration Of two years after the Monday fol-
lowing the general election, and OF those OF the
second class at the expiration OF fouf years;
of the Senators may be chosen every second
year. -
IN the Senate or House OF Representatives. VINO
at the time of his election is not citizen OF
the United States; nor any one VINO mas not
been tor one year next preceding his election
resident Of this State, and tor three months
next preceding his. election resident OF the
county whence he may be chosen, nor any one
who has been convicted OF an infamous crime.
Senators shall be at least twenty-five, and re-
presentatlves at least twenty-one years OF age
SEC. II. The first election for Senators and
Representatives under the provisions OF this
constitution shall be held on the.--- We'd
nesday Of March OF the present year; and the
second election shall be held on the third We'd
nesday in October, 1859, and forever thereafter
on the same day in every second year in such
manner ald a. such places as the legislature
may hereafter provide.
SEC. IL. The first session Of the General AS
seInby, after the ratification OF this constitu-
tion,. shall be convened on the - Monday in
Aprl OF the present year, in the city OF Colum-
bia (which shall remain the seat Of govern
ment until otherwise determined by the con-
currence of two-thirds Of both branches Of the
whole representation), and thereafter on the
fourth Monday in November annually. Should
Che casualties OF war or contagious diseases
render it unsafe to meet at the seat OF govern
ment, then the Governor may, by proclama-
tion, appoint more secure and convenient
place Of meeting.
src is. The terms Of Office of the senators
and representatives chosen at general cleo
ton shall begin on the Monday following such
election.
SEQ. IA. Each House shall Judge of the elec-
ton returns and qualifications Of its own mem
bers; and majority Of each House shall con-
stitute quorum to do business; but smaller
number may adjourn frSm day to day, and
may be authorized to compel the attendance of
absent members, in such manner and under
such penalties as may be provided by law.
SEC. is. Each House shall choose its own Off
GERS, determine it's rules Of proceeding, punish
it's members for disorderly behavior, and,
with the concurrence OF two-thlrds, expel q
member, but not second time for the same
cause.
SEQ. 1e. Each House may punish by imprison-
ment during its sitting, any person not mem
bsr, who shall be guilty OF disrespect to the
House BY any disorderly or contemptuous be-
havior in it's presence; or who, during the time
Of its sitting, shall threaten harm to body or
estate Of any men, or for anything said or done
in either House, or who shall assault any Of
them therefor, or who shall assault or arrest
sny witness or other person ordered to attend
the house, in his going thereto or returning
therefrom, or who shall rescue any person ar
rested by order OF the House.
SEQ. II. The members OF both Houses shall
be protected in their persons and estates dur
ing their attendance on, going to. and return
ing from the General Assembly, and ten days
previous to the sitting, and ten days after the
adjournment thereof. But these privileges
shall not be extended so as to protect any
member who shall be charged with treason,
felony, or breach OF the peace.