The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1868-03-31
The New Constitution of South Carolina
The several Articles of the new Constitution
for South Carolina, as adopted by the Convention

the common law rights of citizens of the State
and presents but few changes from what exists
at the present time Among the changes, i'm
prisonment for debt is prohibited, except in cases
of fraud misdeneanors, where fine does not ex-
coed over 500, and imprisonment not over 80
days shall have summary trial before magis-
trate Or justice; any person who shall fight a
duel, or send or accept challenge for duel, or
become an alder or abettor of the parties, shall
be disqualified for holding Office; representation
to be apportioned according to population ex-
clusyeiy.
Article II, styled the Legislative Department"
provides for Senate and House of Representa-
tives, the former to be composed Of one member
from each county, except Charleston, which shall
have two, and to hold Office four ears-and the
House to be composed of one hundred and twenty
four members apportioned among the counties
according to population-ea county to have at
least one epresentative-and to hold Office two
years. Eligibility to the Senate, requires citizen
ship in the United States, one years residence
in the State, and three months in the county from
whence elected. and be % years of age. Eligi-
bility to the House requires the like citizenship,
and the person elected to be p years of age
The first election for members to be held On the
18th, 18th and 10th Of April, and those follow
ing, on the Sd Wednesday in October. First
Session of the Legislature to commence the Sc
cond Tuesday in May, and all regular sessions
thereafter, the fourth Tuesday in November at
Columbia: unless ordered by the Governor, in
time OF invasion or insurrectIon, to meet else
where. Columbia to remain the seat Of govern
mcnt unless changed by a two-thirds vote Of both
branches of the Legislature
Each House is empowered with the usual
privileges over its members and other persons
present, under its control. The pay of mem
bers to be So per day while in attendance on the
session, and 20 cents per mile going and return
ing The oath administered to members requires
them to recognize the supremacy of the Consti-
tuition and laws of the United States over any
State, and to support, protect, and defend this
Constitution, lie. Members Of the bar and all
other officers to take the same oath before enter
ing upon their duties.
The Executive Department. provides for the
election by the people, every two years, of Gov
ernor and Lieutenant Governor Eligibility re-
quires belief in Supreme Being, to be 30 years
OF age. and citizen Of the United States. and of
this State, and resident Of this State for two
years preceding election He must also reside
at the capitol after election Lieutenant Gov
ernor to be RI cbicjo president of the Senate, and
to fill the place Of Governor in case of vacancy
The Governor is given the usual veto, and other
powers
The qualified voters of the State are to elect
the following State Officers: Comptroller General
Attorney General, Treasurer, Commissioner of
Education and Secretary Of State; each to hold
office fer four years.
The only Offices to which the ncumbents are
not elective by the voters at large are the Judges
Of the Supreme Court, and such number of Cir
cult Judges may be provided for. The Judges
IF the Supreme Court are to be elected by the
Legislature to hold Office for six years; and to
DC 80 classified that one will 90 out of office every
-wo years. The Circuit Judges, likewise elected, |
nod office for four years Eligibility for either
Judgeship requires citizenship of the United
states, to be 30 years Of age, and five years resi-
lence in this State, from the adoption of this
Constitution.
" here any Judge may be interested in the !
went OF any suit coming before him for trial the |
governor IS authorized to appoint some person
learned in the law" to play Judge pro ten, in |
hearing the case. The Circuit Judges are to be !
elected. one from each Circuit, and to have juris-
l!ctIon IN cases Of law and equity, and suits for
iNofce' and TO hold two sessions IN each county |
annually The Courts of Equity, as now estab-
ished, to continue until january /, 1869, in order
o dispose of accumulated business
Clerks, Sheriffs and Coroners to be elected by
ne voters OF each county, and to hold office for
our years. Solicitors to be elected by voters in
ach Circuit for four years.
he Courts Of General Sessions are to sit in
ach county, three times each year. Probate
onrts are also provided for-the Judge to hold
1:lce Tor two years, and be elected by the quail
ed voters. The Probate Court is the same as
he present Court of Ordinary.
A Court of CommissionerS-three in number
is also provided for, to have jurisdiction over
Dads, bridges, the poor, &C. and are also to be
lected by the people every two years Also
u'table number Of magistrates and constables,
keWIse elective for two years and to hold Courts
1 cases of bastardy contracts and fines not ex
cealng slGO; and also in cases of assault and
artery, and other misdemeanors less than felony.
Magistrates to have other usual powers
The Legislature at its first session, is required
} make provisions to revise, digest. and ARRANGE
he civil and criminal laws of the State hereto
re IN force; and for the administration of JUS
&c III uniform mode of pleadin2 without dis
notion between law and equity.
Rules of practice and pleading at law are also {
be revised and simplifed S
L he Legislature may levy poll tax of 81 per {
'ad for educational purposes; land and all other
oPerty to be assessed and taxed according to G
tual value. Towns and corporations NAV i'm l.
use taxes for specific purposes The State shall :,
ntract no debt unless by two-thirds vote of
th branches of the Assembly The public debt
the State to be paid, except debts contracted
aid of the rebellion v
A homestead is to be fixed upon each family. X
empt from levy and sale; and wife's property,
any character not to be liable for debts of the
sband. The Districts of the State are to be
He'd counties .,
Article 1opresents the Educational programme. Oh
provides for State Superintendent of Educa- N