Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1868-04-02
The 8. O.. Gnmpemtiu1r.
CONSTITUTION OF S. CAROLINA,

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CONSTITUTION OF S. CAROLINA
FRAMED
BY ORDER OF CONGRESS, UNDER THE RECON-
sTRUCTI0E LAWS. -
ARTICLE !.
DECLARATION OF RIGHTS. -5t-
Section l. All men are born free and equal-en
dowed BY their Creator with certain inalienabl
rights, among which are the rights ofenjoying ant
defending their lives and liberties, Of acquiring
possessing and protecting property, and Of seeking
and obtaining their safety and happiness:
Section 2. Slavery shall never exist In this State
punishment for crime, whereof the party shal
have been duly convicted
Section 8. All political power Is vested in anc
derived from the people only; therefore they have
the right, at all times, to modify their form o.
government in such manner as they deem expe
dient, when the public good demands
Section 4. Every citizen of this State owes par
amount allegiance to the Constitution and Govern
ment of the United States, andno lawor ordinance
of this State in contraventon or subversion there
of, can have any binding force.
Section 5. This State shall ever remain, mem
ber of the American Union, and all attempts iron
solve the said Union, shall be resisted with the
whole power of the State.
Section 6. The right of the people, peaceably tt
assemble to consult for the common good, and tt
petition the government, or any department there
Of, shall never be abridged.
Section 7. All persons may freely speak, write
and publish their sentiments on any subject, being
responsible for the abuse of that right and nc
laws shall be enacted to restrain or abridse the Lib
erty of speech or Of the press. -.
Section 8. In prosecutions for the publication o1
papers investigating the official conduct OF ofacerS
or men in public capacity, or when the matter
published is proper for public information, the
truth thereof may be given in evidence; and in all
indictments for libel, the jury shall be the judges
of the law aud the facts
Section 9. No person shall be deprived OF the
right to worship God according to the dictates o.
his own conscience Rrorided, That the liberty Of
conscience hereby declared shall not justify prac-
tees inconsistent with the peace and moral safety
of society.
. Section 10. No form of religion shall be estab,
lished by law but it shall be the duty Of the Gen-
era Assembly to pass suitable laws toProtect every
of its own mode of worship.
Section IL. The right of trial by jury shall re.
main inviolate.
Section -. No person shall be disqualified as q
witness, or be prevented from acquiring holding
and transmitting property, or be hindered IN ac-
curing education, or be liable to any otherpunish
ment for any offence or be subjected in law to any
other restraints or dsquafcations in regard to any
personal rights, than such as are laid upon Others
under like circumstances.
Section Is. No person shall be held to answer
for any crime or offence until the same is fully,
fairly, plainly substantially and formally described
~ lad 70 sh
dence against himself; and every person shall have
right to produce all proofs that may be favorable
to him, to meet the witnesses against him face to
face, to have speedy and public trial by an impair,
tial Jury, and to be fully heard in his defence by
himself or by his counsel, or by both, as he may
elect
Section IA. No person shall be arrested, impris-
oned, despoiled or dispossessed OF his property,
immunites or privileges put out OF the projection
of the law, exiled or deprived of his fe liberty OF
estate, but by the judgment Of his peers, or the
law of the land And the General Assembly shall
not enact any law that shall subject any person tc
punished but by virtue of a law already establish
ed or promulgated prior to the offence, and legally
applied. -,
person, for any injury that he may receive IN his
land goods, person or reputation, shall have rem.
edy by due course of law, and justice administered
without unnecessary delay.
Section l6. All persons shall, before conviction
be baable by sufficient sureties, except tor capita
offences, when the proof is evident or the pre-
sumption great; and excessive bail shall not, II
any case, be required, nor corporeal punishment
inflicted
Section II. The privilege of the writ Of hatea!
corpus shall not be suspended, except when in CASE
of insurrection, rebellion or invasion, the pubic
safety may require it.
Section Is. No person, after having been once
acquitted by jury, shall again, for the same Of
fence, be put in jeopardy of his life or liberty.
Section l9. All offences, less than felony, and II
which the punishment does not exceed a line
one hundred dollars or imprisonment for thirty
days, shall be tried summarily before a Justice o
the Peace, or other officer. authorized by law, OF
information under oath, without indictment or IN
tervention of Grand jury saving to the defen
dant the right of appeal and no person shall b.
held to answer for any higher crime or offence un
less on presentment of Grand Jury, except II
cases arising in the land and naval service, or IL
the militia when in actual service in time OF wa
or public danger.
Section 20. No person shall be imprisoned fo
debt, except in cases of fraud and reasonable
amount of property, as homestead, shall be ex
empted from seizure or sale for the payment OF any
debts or liabilities, except Tor payment OF sucn %
legations as are provided for in this Constitution
Section q. No bill of attainder, ec post Jacte
law, nor any law impairing the obligation Of con
tracts, shall ever be enacted and no conviction
shall work corruption Of blood or forfeiture Of es
tate
Section o. All persons have right to be Sc
cure from unreasonable searches and seizures Q
their persons, houses, papers or possessions Al
warrants shallbe supported by oath or affirmation
and the order Of the warrant to civil officer, t
make search or seizure in suspected places, or t
arrest one or more suspected persons, or to selz
their property, shall be accompanied with specla
designation of the person or objects OF Search al
rest or seizure; and no warrant shall be issued Du
in cases and with the formaities prescribed by tn
laws.
Section %. Private property shall not be take1
or applied for public use, or for the use OF corpo
rations, or for private use, without the consent
the owner, or just compensation being mad
therefor; provided, however, that laws may. b
made securing to persons or corporations the ngh
of way over the lands of either persons or corpo
rations, and for works Of internal improvement tn
right to establish depots stations, turnouts etc,
but just compensation shall, in all cases, be hrs
made to the owner
Section a. The power of suspending the laws
or the execution of the laws, shall never be exel
cised but by the General Assembly, or by authorl
ty derived therefrom; to be exercised in such pal
ticular cases only as the General Assembly ma
expressly provide for =,
Section 25. No person shall, in any case, be sub
ject to martial law or to any pains or penalties