Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1868-03-18


of the Great Legislator of the Universe, do
agree Sapon, ordain and establish the fol-
lowng8
DECLARATION OF RIGHTS AND FORM OF Gov
ERNsENT As THE CONSTITUTION OF THE
COMMONWEALTH OF SOUTH CAROLINA.
Is ARTICLEI.
~ DECLARATION OF RIGHTS.
SECTION l. All men arc born free and equal
endowed by their Creator with certain ina
lienablsrights, among which are the rights
Of enjoying md defending their lives and lio
critics, Of acquiring, possessing and protecting
property, and Of seeking and obtaining their
safety aid happiness.
SECTION 2. Slavery shall never exist in
this State, neither shall involuntary servi-
tude, except as a punishment for crime,
whereof the party shall have been duly con-
SECTION 5. All political power is ve-tcd in
and derived from the people only; therefore
they hage the right, at all times, to modify
their form of government in such manner as
they may deem expedicnt, when the public
good demands.
SEcTIeN 4. Every citizen Of this State owes
paramoui,t allegiance to the Constitution and
Govern4ent Of the United States, and no
law or ddnance OF this State in contraven'
ton or Slbversiop thereof can have any bind
ing forcgs,
5. Tn nS.;c.n iTrior- and aIl at
tempts, from whatever source. or upon what
ever prctcXt, to dissolve the said Union, shall
be resisted with the whole power of the
State.
SECTION G. The right Of the people, pcacca'
bv to assemble to consult for the common
good and 10 petition the Government, or
anv department thereof, shall never be
abridged.
SECTION I. All persons may freely speak,
write and publish their sentiments on any
subject, bcirg responsible for the abuse oil
tia. right; and no laws shall be enacted to
restrain or abridge the liberty of speech or OF
the press.
SECTION s. In prosecutions for the publica-
ton Of papers investigating the Official con-
duct of officers or men in public capacity, or
when the matter published is proper for pub
lie information, the truth thereof may be CIV
en- in evidence; and in oil indictments for
libel, the jury shall be the judges OF the law
and the facts
SECTION 0. No person shall be deprived of
the right to worship God according 10 the die
,atcs of his own conscience Pfoenied, Inat
tie liberty of conscience hereby declared shall
not Justify practice inconsistent with the peace
anf. moral safety OF society
SECTION 10. No form of religion shall be
established by law; but it shall be the duty
of the General Assembly to pass suitable
laws to protect every religious denomination
in the peaceable enjoyment oi its own mode o'
worship.
sEcrloS IL. The right of trial by jury shall
remain invioate.
SECTION l2 No person shall be disqrahh-
ed as witness or be prevented from acqair-
ing, holding and transmitting property, or ot
hndercd in acquiring education, or lie lhblt
to any other punishment for any offence, or
be subjected in law 10 any other restraints OF
disqualification in regard TO amy personal
rights, than such as are laid upon others I'M
der like circumstances.
SECTION l3. No person shall be held TO all
swcr for any crime or offence until the same
is fully. fairly, plainly, substantially and Tor
mally described to him or be compelled t
accuse or furnish evidence against himself
and every person shall have right to pro
Once all proofs that may be favorable 10 him
to meet the Witnesses against him face to face
to have a speedy and public trial by an i'm
partial jury, and to be fully heard in his de
fence by himself or by his counsel, or by both
as he may elect.
SECTION Ia. No person shall be arrested
imprisoned, despoiled Or dispossested Of hi
property, immunities, or privileges, put cut
the protection of the law, cxilcd Or deprive
of his life liberty or estate, but by the judg
ment of his peers or the law of the land. An
the General Assembly shallnot enact any LAY
that shall subject any person to punishmeu
without trial by jury nor shall he be pun
ishei but by virtue OF law already establish
ed, or promulgated prior to the offence, au
legally applied.
SEcrIoS Is. All Courts shall be public, an
every person, for any injury that he may re
ceive in his land, goods, person or reput;
ton, shall have remedy by due course oil la
and Justice administered without unnccessar
delay.
SECTION lG. All persons shall, before cor
viction, be baiablc by sufficient suretles, e.
cept for capital offences, when the proof
evident or the presumption great; and exec
sive bail shall not in any case, be rcquire'
, nor corporeal punishment inflicted.
SECTION II. The privilege of the writ
, Habeas Corpu,' shall not be suspended, e.
cept when in cara of .nsurrection, rebclic
: or invasion, the public safety may require
= SECTION Is. No person, after having bee
t once acquitted by jury, shall again, for II
: same offence, be but in jeopardy of his life
G liberty.
/ SECTION 10. All offences, less than feon
C and in which the punishment does not excet
5 fine of one hundred dollars, or impriso
7 ment for thirty days, shal! be tried summal
g ly before justice of the Peace, or other Of
q Ger authorized by law, on information und
n oath, without Indictment or intervention of
c Grand Jury, saving to the defendant the rig
:. of appeal and no person shall be held to a