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

ecutlve powers, or either OF them, to the
be government Of laws and not of men.
SEC. 29 The legislature ought frequently to as
semble for the redress of grievances correcting,
Strengthening and confirming the laws, and for ma
king new laws as the common good may require.
Sec 80. The people have right to keep and
bear arms for the common defence. As in times
of peace, armies are dangerous to liberty; they
ought not to be maintained without the consent Of
the legislature. The military power shall always
be held in an exact subordinaton to the civil au-
thority, and be governed by it.
Sec. 81. In time of peace no soldier ought to be
quartered in any house without the consent Ct the
owner and, in time Of war, such quarters ought
not to be made but in manner prescribed by law.
to bear arms shall be compelled to do so, but he
may pay an equivalent for personal services.
Sec. 33. All elections shall be free and open,
and every inhabitant of this commonwealth posses
sing the qualifications provided for in this consti
ton, shall have an equal right to elect officers and
be elected for public employment:
Sec. "a. No property qualification shall be neces-
sary for an election to or the holding Of any office,
and no Office shall be created, the appointment to
which shall be for longer time than good beha-
vior. After the adoption of this constitution, any
challenge for that purpose or be an alder or abet
ter in fighting duel shall be deprived of holding
any Office of honor or trust in this State and shall
be otherwise punished as the law shall provide.
Sec. 35. The right of suffrage shall be protected
by laws regulating elections, and prohibiting, un-
der adequate penalties, oil undue influences from
power, bribery, tumult or improper conduct
SEC. 36. Representation shall be apportioned
according to population and no person in this
State shall be disfranchised or deprived of any of
the rights or privileges now enjoyed except by the
law Of the land or the judgment OF his peers.
SEC. 81. Temporary absence from the State
shall not forfeit residence once obtained
Sec 3S. All property subject to taxation ought
vidua of society has right to be protected in the
enjoyment of life, property and liberty, according
to standing laws. He should, therefore, contrib.
ute his share to the expense of his protection, and
give his personal service when necessary.
Sec 80. No subsidy, charge, impost tax or du-
ties ought to be established, fxed laid or levied,
under any pretext whatsoever, without the consent
Of the people Or their representatives lawfully as
sembled. ;.
Sec 40. Excessive fines shall not be imposed,
nor cruel and unusual punishment inflicted, nor
shall witnesses be unreasonably detained.
SEQ Al. No title of nobility or distinction, or
hereditary emolument shall ever be granted in this
State. .....,.....s 81. - ..r.... 49,
Sec AZ. All nayigable waters shall remain for
ever public highways, free to the citizens Of the
State and the United States, without tax impost,
or toll imposed and no tax, toll or impost, or
wharfage shall be imposed, demanded or received
from the owner of any merchandise or commodity,
for the use of the Shores or any wharf erected on
the shores, or in or over the waters of any naviga
bic stream, unless the same be expressly authori-
lzed by the Legislature.
Sec. 43. The enumeration of rights in this con-
80. L III L. IL 30,
others retained by the people, and all powers not
herein delegated remain with the people
JUDICIAL DEPARTMENT
Sec. l. The judicial power of this State shall
be vested in Supreme Court, in two Circuit
Courts, to wit A Court Of Common Pleas, having
eyil ggsastiSn j. md CSaEt ct Gsaesa I Sessions
bate Courts, and in Justices of the Peace. The
General Assembly may also establish such munich
pal and other inferior courts as may be deemed ne
cessary.
Sec. 2. The Supreme Court shall consist of
three Judges, two Of whom shall constitute quo
rum. They shall be elected by joint vote OF the
General Assembly for the term Of six years, and
shall continue in Office until their successors shall
be elected and qualified
Sec. 3. They shall be so classified. that one of
the judges shall go out Of Office every two years;
under such classification, shall be Chief Justice Of
the Court during his term Of Office, and so on in
rotation.
SEC. 4. The General Assembly, Immediately af
ter said election shall determine by lot, which Of
the three iudges elect shall serve for the term Of
two years, which for the term Of four years, and
which for the term of six years; and having so
determined the same, it shall be the duty of the
Governor to commission them accordingly
Sec. 5. The Supreme Court shall have appel.
late jurisdiction only in cases Of chancery, and
shall constitute court for the correction of errors
at law, under such regulations as the General AS.
sembly may by law prescribe; Provided, The said
court shall always have power to issue writs OF in
junction. nlandans,s quo acarrdnto, ha6eas corpus
and such other original and remedial wrlts as may
be necessary to give general supervisory control
over all other courts in the State.
Sec. 6. The Supreme Court shall be held at
least once in each year, at the seat OF government
and at such other place or places in the State as
the General Assembly may direct. ,
Sec. 7. No Judge shall preside. on the, trial Of
any cause in the event Of which he may be inter-
ested, or where either of the parties shall be con-
nected with him BY affinity orconsanguinity, with
in such degrees as may be prescribed by law or in
which he may have been counsel, or have presided
in any inferior court, except by consent Of all the
parties. In case oil or any of the judges OF the
Supreme Court shall be thusdisqualifed from pre-
siding on any cause or causes the court, or the
Judges thereof, shall certify the same to the Gov
ernor of the State, and he shall Immediately com,
mission, specially, the requisite number of men OF
law knowledge for the trial and determination
thereof. The same course shall be pursued in the
circuit and inferior courts as prescribed IN this Sec
ton for cases of the Supreme Court.
SEQ. 8. There shall be appointed by the Judges
of the Supreme Court, areporter and clerk OF said
court, who shall hold their Offices two years, and
whose duties and compensation shall be prescribed
SEC. 9. The Judges of the Supreme Court shall
give their opinion upon important questions OF
constitutional law, and upon solemn occasions when
required by the Governor the Senate, or the House
of Representatives; and all such opinions shall be
published in connection with the reported decisions
of said court.
SEC. 10. When judgment or decree IS reversed
. or affirmed by the Supreme Court, every point
made and distinctly stated in writing in the cause,
and fairly arising upon the record of the case, shall
he considered and decided; and the reasons there
for shall be concisely and briefly stated in writing
and T,a nreseryed with the records of the case.
SEC. II. The Judges of the Supreme Court and
Circuit Courts shal at stated times, receive com
pensation for their services, to be fixed by law,
which shall not be diminished during their contn
nance in Office. They shall not be allowed any
fees or perauisites of Office nor hold any other Of
fee of trust or profit under this State, the United
States, or any other power.
SEC. IL. No person shall be eligible to the Of
flee of Judge Of the Supreme Court or Circuit