Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1868-02-13

ration OF the SpecM Oruer aian arrived. r..
:, The following reports OF committees were then
read for the first time: -. (. -.
I'm Convention assembled, Grateful to Almighty
God for this opportunity, deliberately and peace.
fully of entering into an explicit and solemn com.
pact with each other, and forming new constitu-
tion of civil government for ourselves and posteri-
ty recognizing the necessity Of the protection Of
the body polite in all that pertains to their free
dom, safety and tranquility, and imploring the di-
rection of the Great Legislator of the universe do
agree upon, ordain and establish the following
Declaration of Rights and Forn, of Government
as the Constitution Of the Commonwealth Of
'0D'' '"''' ARTICLE [
/ DECLARATION OF RIGHTS. .H
Sec. l. All men are born free and equal-en-
dowed by their Creator with certain inalienable
rights, among which may be reckoned the right of
enjoying and defending their lives and liberties,
acquiring possessing aud protecting property, and
seeking and obtaining their safety and happiness.
Sec 2. Slavery shallnot exist in this State, nor
involuntary servitude, otherwise than for the pun
ishment of crime, whereof the party shall have
been duly convicted.
Sec 8. All political power is vested in and de-
the right, at all times, to modify their form Of gov
ernment in such manner as they may deem expe-
dient, when the public good demands. .#- .
SEQ 4. Every citizen of this State owes para
mount allegiance to the Constitution and Govern
mentof the United States, and no law or ordinance
of this State in contrayention or subversion there
of can have any binding force. g. .... f...,..
SEC. 5. This State shall ever remain member
of the American Union, and all attempts, from
whatever source, or upon whatever pretext, to dis
solve said Union, ought to be resisted with the
whole power of the State. Z,
| Sec: 6. The right of the people, peaceably to
assemble to consult for the common good, and to
petition the government, orany department thereof,
shall never be abridged. - -.
Sec. 7. All persons resident in this State, born
in the United States, Or who have been naturalzed
and shall have legally become citizens Of the Uni
ted States, are hereby declared citizens Of South
Carolina, possessing equal civil and political rights
and public privileges, as hereinafter declared BY
this constitution.
Sec. s. All persons may freely speak, write and
publish their sentiments on any subject, being re-
sponsble for the abuse of that right, and no laws
shall be enacted to restrain abridge the liberty
of speech or of the press.
SEC. 9. In prosecutions for the publication OF
papers investigating the official conduct OF olcers
| lished is proper for public information, the truth
thereof may be given in evidence and that in all
indictments for bel the jury shall have the right
to determine the law and the facts under the d.
rection of the court
Sec 10. No person shall be deprived Of the
right to worship God according to the dictates Of
his own conscience; IrorSded, That the liberty OF
conscience hereby declared shall not justify prac,
tices inconsistent with the peace and moral safety
| of society.
by law but it shall be the duty Of the legislature
to pass suitable laws to protect every religious de-
mode of worship
SEC. H. The right of trial by jury shall remain
inviolate.
Sec l3. No person shall be disqualified as O
witness, or be prevented from acquiring holding
and trn.smt5pG or b fee tS a9E 9TH
acquiring education or be subjected in law to any
other restraints or disqualifcations in regard te
any personal rights than such as are laid upon
others under like circumstances.
SEC. IA. No person shall be held to answer fol
any crime or offence until the same is fully, fairly
plainly, substantially. and formally described to
him; or be compelled to accuse or furnish evidence
against him and every person shall have right
to produce all proofs that may be favorable to him
to meet the witnesses against him face to face tc
have speedy and public trial by an impartia
Jury, and to be fully heard in his defence OF him
self or by his counsel, as he may elect.
oned, despoiled or dispossessed Of his property
mmunties or privileges, put out of the protection
of the law, exiled or deprived Of his life, liberty OF
estate, but by the Judgment Of his peers or the
law of the land And the legislature shall not en-.
act any law that shall subject any person to pun
ishment without trial by jury; nor shall he be pun
|ished but by virtue of q law already established
or promulgated prior to the offence, and legally
applied. ,.r,
person for any injury that he may receive IN hli
land goods, person or reputation, shall nave rene
dy by due course of law and justice administered
without unnecessary delay.
Sec. II. All persons shall, before conviction
be bailable by sufficient ureties, except tor capita
offences, when the proof is evident or the presump
ton great and excessive bail shall not, in any
case be required, nor corporeal punishment lnf1lc
ted. 49,,
SEo ls. The privilege Of the writ Of hobea
corpus shall not be suspended except IN case O
insurrecton, rebellion or INVASION the public safe
ty may require it.
SEC. 19. No person, after having been once &C
quilted by Jury, can be again, tor the same OF
fence, put in jeopardy Of his life or Liberty;
/ Sec. 20. No person shall be proceeded agalns
criminaly by information for any indictable oienc
except in cases arising in the land and naval ser
vice or in the militia when in actual service IN tn
time of war or public danger, or by leave OF tn'
q court, for oppression or misdemeanor IN office:
SEC. 2l. No person shall be imprisoned tor debt
except in cases of fraud and reasonable amour
of property, as homestead shall be exempted
from seizure or sale for the payment OF any debt
or liabilities, except for taxes, that may be con
tracted after the adoption of this constitution.
q SEC. %. No bill Of attainder, er post;tacto law
nor any law impairing the obligation OF contracts
shall ever be enacted and no conviction shall wor
! corruption of blood or forfeiture of estate
il SEC. %. Treason against the State shall consls
. in levving wnr against the same, or in adhenng t
its enemies, giving them aidand comfort. No pei
son shall be convicted of treason unless on the tes
e timony Of two witnesses to the same overt act'
r on confession in open court
e SEC. "a. All persons have right to be seeur
from unreasonable searches or seizures OF thel
O persons, houses, papers or possessions. All wal
rants therefore, are contrary to this hight, II tn
cause or foundation of them be not previously SUP
J. ported by affirmation or oath, and, if the ORDER
e the warrant, to q civil officer, to make search
SUSPECTED places or to arrest one or more suspecte
l. persons or to seize their property, be not accom-
panied with special designation OF the persons
e objects of search, arrest or seizure and no wal
If rant shall be issued but i'll cases and with the fo
r, malities prescribed by the laws
SEC. 25. Private property shall not be taken {
t. applied for public use or tor the use of corport
o tons other than municipal or for private use, will
" out the consent of the owner and just compenss
Y g I.:---.J J. Il ,.ofor. providpd howavar tbs