The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-02-06

porations, other than municipal or for private
use, without the consent Of the owner and q
| lust compensation being made therefor; Pro-
vided, however, that laws may be made secur-
ing to persons or corporations the right OF way
over the lands Of either persons or corporations,
and for works Of internal improvement the right
to establish depots stations, turnouts, etc., but
just compensation, in all cases, be first made
to the owner
SEC. 26. The power Of suspending the laws,
or the execution of the laws, ought never to be
exercised but by the legislature, or by authori-
| ty derived from it; to be exercisedin such par
| ticular cases only as the legislature shall e1-
pressly provide for.
Sec. "a. No person shall, in any case, be sub
ject to law martial, or to any pains or penalties
| by virtue of that law, except those employed in
| the army or navy, and except the militia in
actual service, but by authority OF the legisla-
| ture.
SEC. 3d. In the government of this common
wealth the Legislative department. shall never
exercise the executive and Judicial powers. or
| either OF them; the executive shall never exer-
| else the Legislative and Judicial powers, or
either Of them; tho judicial shall never exer-
| else the legislative and executive powers, or
either of them, to the end it may be govern
ment OF laws and not ofmen.
Sec. 49, The legislature ought frequently to
assemble for the redress Of grievances for cor
recting, strengthening and confirming the
Il eA<S SSA~1~~>S>~
| good may require.
SEC. so. The people have right to keep and
| bear arms for The common defence. AS In
| times Of peace, armies are dangerous to hber-
| ty; thoy ought not to be maintained without
| the consent OF the legislature. The military
nation to the civil authority, and be governed
by it.
SEC. 81. In time of peace no soldier ought to
| be auartered in any house without the consent
of the owner; and Ill tmo of war, such quar-
| ters ought not to be made but in manner pre-.
scribed by law.
SEC. 50. No person who conscientiously scru-
| pies to bear arms shall be compelled to do 80,
but he may pay on equivalent for personal SER
vices.
SEC SO. All elections shall be free and open,
| and every ilhabilant OF this commonwealth
possessing the qualifications provided for In
this constitution, shall have an equal right to
elect officers and be elected for public employ
ment
Sec g. No property qualification shall be
necessary for an election to or the holding OF
any Office, and no Office shall be created, the ap-
polntmcnL to which shall be for longer time
than good behavior. After the adoption this
constitution, any person who shall night duel
or send or accept q challenge Tor that purpose,
or be an alder or abetter in fighting q 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.
SEQ. 35. The right of suffrage shall be pro-
tected by laws regulating elections, and pro-
hlbitlng, under adequate penalties, all undue
influences from power, bribery, tumult or I'M
proper conduct.
SEQ. &c. Representation shall be apportioned
according to population, and no person in this
State shall be DISTINGUISHED or deprived Of any
of the rights or privileges now enjoyed, except
by the law OF the land or the judgement OF his
peers.
SEC. 81. Temporary absence from the State
shall not forfeit residence once obtained.
SEC. 98. All property subject to taxation
ought to be taxed in proportion to it's value.
Each individual OF society has right to be
protected in the enjoyment OF lifc, property and
Liberty, according to standing laws. He should,
therefore, contribute his share to the expense
Of his protection, and give his personal service
when necessary.
SEC. SO. No subsidy, charge, impost tax or
duties ought to be established, fixed, laid or
levied, under any pretext whatsoever, without
the consent OF the people or their representa-
tives lawfully assembled.
SEC. 40. Excessive zines shall not be imposed,
nor cruel and unusual punishment inflicted,
nor shall witnesses be unreasonably detained.
SEC IL. No title Of nobility or distinction, or
hereditary emolument shall ever be granted in
this State.
Sec AZ. all navigable waters shall remain for
State and the United States, without tax, i'm
post, or toll imposed; and no tax, toll or i'm
post, or wharfage shall be imposed, demanded
or received from the owner OF any merchan-
disc or commodity, for the use Of the shores,
or any wharf erected on the shores, or in or
over the waters of any naYgable stream, un-
less the sano be expressly authorized by the
Legislature.
SEQ. 43. 4 he enumeration Of rights in this
constitution shall not be construed to impair
or deny others retained by the people, and all
powers not herein delegated remain with the
people.
ARTICLE =.
JUDICIAL DEPARTMENT.
SEC /. The Judicial powen Of this State shall
be vested in Supreme Court, IN two Circuit
Courts, to yit: A Court Of Common Pleas, hay-.
ing civil Jurisdiction, and O Court OF General
Sessions with criminal jurisdiction only, in
District and Probate Courts, and i'll Justices OF
the Pence. The General Assembly may also
establish such municipal and other inferior
courts as may be deemed necessary.
Sec 2. The Supreme Court shall consist OF
three Judges, two OF whom shall constitute O
quorum They shall be elected by joint vote
ot thdGeneral ASSEMBLY for tho termoef six
years, and shall c'ntinue in office un.il their
successors shall be elected and qualified.
SEo 8. They shall be so classified that one OF
the Judges shah go out Of Office every two
years; and the judge holding the shortest ter m
OF Office under such classification shall be
Chief Justice of the court during his term of
Office, and so On il rotation.
Sec L. The General Assembly, Immediately
after said election, shall determine by lot which
Of tho three judges elect shall serve for the
term OF two years. which for tho term OF four
wears, and which for the term OF six years; and
having 80 determined tie samo, it shall be the
duty of the Governor 10 commission them ac-
SEC. 5. The Supreme Court shall have appel
lato jurisdiction OrlJ III cases of chancery, and
shall constitute u court for tho correction OF
errors at law, under such regulations as the
General Assembly may by law prescribe; Pro-
r1ded, The said court shall always have power
to Issue wrta of injunction, raanda'nns, quo
,ca,ran.o, ltdbedS corpus !. and such otner
original and remedial wril5"as may be ncces-
sary to give it general supervisory control
oyff ali other courts ii the State.
SEC. G,sIhc Supreme Court shall bo held at
leGst once in each year, o. the scat CT govern
ment, and at such other place or places in the
State us tho General Assembly may direct.
SEC. 7. No judge shall preside on the trla! OF
any cause in the event Of which ho may be in
terested, or where either OF the parties shall be
connected with him by affinity or consangunl-
ty. within 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 al! or any OF
the Judges Of the Supreme Court shall pc thus
disqualified from presiding Oh any cause or
causes, tho court o. the judges Thereon small
certify the same TO the Governor OF the state,
and he shall immediately commission, special
al, Nf op n Vl-