The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-03-09

Great Le3l5latOr OI bno OulVoIse, uo d6fet
upon, ordain and establish the following
DECLARATION OF RIGHTS AND FORM OF GOVERNMENT
As THE CONSTITUTION OF THE COMMONWEALTH OF
| SOUTH CAROLINA.
| ARTICLE I.
DECLARATION OF RIGHTS.
SECTION /. AL men are born free and equal
endowed by their Creator with certain inalien-
able rights, among which are the rights of en-
| joying and defending their lives and liberties,
OF acquiring, possessi Ig and protecting prop
erty, and Of seeking and obtaining their safety
and happiness.
SEQ 2. Slavery shall never exist in this State;
neither shall involuntary servitude. except as
o punishment for crime, whereof the party
shall have been duly convicted.
SEC. 8. All Political power is vested in and
derived from the people only; therefore they
have the right, at all times, to modify their
lorm Of government Ii such manner as they
may deem expedient, when the public good de-
mands.
SEC. 4. Every citizen Of this State owes para
mount allegiance to the Constitution and Gov
ernment OF the United States, and no law or
ordlhauce Of this State ia contravention OF SUBJ
version thereof can have any binding force.
Sec. S. This State shall ever remain MEM
Der of the American Union, and all attempts,
from whatever source, or upon whatever pre-
text, to dissolve the said Union shall be re-
sisted with tie whole power of the State.
SEC. 6. The right Of the people, peaceably to
assemble to Consult for the common good, and
to petition tho government, or any department
thereof shall never be abridged.
SEQ. z. All persons may freely Gpeak, write
and publish their sentiments on IpY subject,
being responsible for the abuse OF that right;
and no laws shall be enacted to restrain or
abrldge the liberty Of speech or of the Dress.
SEC. y. In prosecutions for the .publication
Of papers investigating tbe official conduct OF
officers or men in public capacity. or when the
matter published is proper for public informa-
ton, the truth thereof may be given in eyl-
deuce; and in oil indictments tor libel the jury
shall be the Judges of the Law and the facts.
SEQ. 9. No person shall be deprived OF the
right to worship God according to the dictates
of his own conscience; Prousded, That the lib
erty of conscience hereby declared shall not
Justify practices inconsistent with the peace
and moral safety Of suclety.
SEC. 10. No form Of religion shall be estab-
iehed by law but it shall be the duty or the
General Assembly to pass suitable avs 10 Pro-
tect every religious denomination in the peace
able enjoyment'of it's own mode OF worship.
SEC. IL. The right OF trial BY jury shall re-
main inviolate.
SEC 70. No person shall be disqualified as
O. witness, or be prevented from acquiring,
holding and transmitting property. or be hic-
dered in acquiring education, or be liable to
any other punishment tor any offence, or be
subjected in law to any other restraints OF dis
qualifications in regard to any personal rights
than such as are laid upon others under like
circumstances.
SEC. Is. No person shall be held to answer
for any crime or offence until the same is fully.
fairly, plaily, substantially and formally de-
scribed to him; or be compelled to accuse or
furnish evidence against himself; and every
person shall have O right to produce al proofs
that may be favorable 10 him, to meet the wit
nesses against him face to face, to have
speedy and public trinl by an impair tial jury,
and to bo fully heard in his defence Dy himself
or by his counsel, or by both, as he may elect.
SEC IA. No person shall be arrested, I'M
prisoned. despoiled or dspossessed OF his prop
erty, lmmunities 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 low Of the land. And the
General Assembly shall not enact any law that
shall subject any person to punishment with
one trial by Jury; nor shall be be punished but
by virtue OF law already established, or pro-
mulgated prior to the offence, and legally ap-
SEU. 10. an ru,.-tn al. all DO public, and every
person, for any injury that he may receive IN
his laud, goods, person, or reputation, shall
have remedy by due course Of law and justice
administered without unnecessary delay.
SEQ. 1G. AL persons shall, before conviction,
be bailable BY sufficient sureties, except tor
capital offenc .s, when the proof is evident or
tho presumption great; and excessive bail shall
not, in any case, be required, nor corporal pun
ishmcnt inflicted.
SEC. II. The privilege Of the writ OF hdbeds
corpus shall not be suspended, except when IN
case of insurrecLioD, rebellion or invasion, the
public safety may require it.
Sec 18. No person, after having been once
acquitted by jury, shall again, for the same
offence, be put in jeopardy OF his life or
liberty.
which the punishment does not exceed f1ne
Of one hundred dollars, or imprisonment for
thirty days, shall be tried summarily before
Justice of the peace or other officer authorized
by law, on information under oath, without L."
dctment or intervention or grand jury. saY"
ing to the defendant the right OF appeal; anc
no person shall be held to answer for any
higher crime or offence unl-ss on presentmeni
OF grand jury, except in cases arising IN tho
land and naval service, or in the militia when
in actual service in time of war or public
SEC. 20. No person shall bo imprisoned for
debt except in cases of fraud; and reasonable
amount OF property, as homestead, Shall be
exempted from seizure or sale for the payment
of any debts or liabilities, except for the pay
ent OF such obligations as are provided fer
in this constitution.
SEC. 81, No bill Of attainder, eJ poSt tdclo
law. nor. any law impairing tho obligation OF
contracts, shall ever be enacted; and no con-
yiction shall work corruption OF blood or for
teiture ofestate.
SEC. %. All persons have "a right to
be secure from unreasonab e 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 10 clVh
officer to mako search or seizure III susp ctsd
places, or to arrest one or more suspected per-
SONS, or to seize their property, SHALL be accom-
napicd with special designation Of the per-
sons or objects Of search arrest or SEIZURE I;
aud no warrant shall bo issued but in cases
and with the forualihes prescribed by The
luws.
SE;. %. Private property shall not be ttal;en
or applied for public use, or for the use OF cor
porations. or for private use, without the con-
-cnt of the owner or just compensation be-
ing made therefor; Pro, .ded, ho Yever, that
laws may be made securing to persons or cor,
porations the right oil way over the lands OF
either persons or corporations, and for works
of inte,nal imp oyement. the right to establish
lepots, stations, turnouts, etc.; but .ust
compensation, shall, in all cases, be first made
to the owner.
SEQ. 24. Tho power of suspending the lawTs,
or the execution Of the laws. shall never be
exercised but by the legislature, or by author
Itv derived therefrom; to bo exercised IN such
particular cases only az. the General Assembly
Shall expressly provide tor.. H.
SEC rs. No person shall, in any case. DC
subject 10 martial law, or to any pans or pehai-
hes by ;irtue of that law, except those employ
ed in the army or navy Of the United States.
| anil ex ,ept tile militia in actual service, but
| ~, authority of the General Assembly.