The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1895-12-11
ARTICLE I.
DECLARATION OF RIGHTS.

LIE
ed in and derived from the people only
therefore they. have the right at all
times to modify their form of govern
ment.
Sec. 2. Representation in the house
of representatives shall be apportioned
according to population.
Sec. 3. The general assembly ought
frequently to assemble for the redress
of grievances and for making new
laws, as the common good may require.
Sec. 4. The general assembly shall
make no law respecting an establish
ment of religion or prohibiting the
free exercise thereof, or abridging the
the freedom of speech or of the press
or the right of the people peaceably to
assemble and to petition the govern,
ment or any department thereof for a
redress OF grievances.
Sec. 5. The privileges and immuni'
ties of citizens of this State and Of the
United States under this Constitution
shall not be abridged. nor shall any
person bc deprived of life, liberty or
property without due process of law,
nor shall any person be denied the
equal protection of the laws.
Sec. 6. All property subject to taxa
ton shall be taxed in proportion to its
value.
Sec. z. No tax, subsidy, charge, i'm
post tax or duties shall be established,
fixed, laid or levied, under any pre-
text whatsoever, without the consent
of the people or their representatives
lawfully assembled.
Sec. 8. No bill of attainder, ex-post
facto law, law impairing the obliga-
ton of contracts, nor law granting
any title of nobility or hereditary
emolument, shall be passed, and no
conviction shall work corruption of
blood or forfeiture of estate.
Sec. 9. The right of suffrage, as reg
ulated in this Constitution, shall be
protected by law regulating elections
and prohibiting under adequate pen
altieS, all undue influences from pow
er, bribery, tumult or improper con-
duct.
Sec. 10. All elections shall be free
and open, and every inhabitant of this
State possessing the qualifications pro.
vided for in this Constitution shall
have an equal right to elect officers
and be elected to fill public Office.
| Sec. II. No property qualification,
unless prescribed in this Constitution,
shall be necessary for an election to or
the holding of any Office. No person
| ,bo II bo aIoofa1 ~ oppoinfa1 tn off no
in this State for life or during good
behavior, but the terms of all Off
GERS shall be for some specified period,
except notaries public and officers in
the militia. After the adoption of this
Constitution any person who shall
fight a duel or send or accept a chal-
lenge for that purpose, or be an alder
or abettor in fighting a duel, shall be
deprived of holding any Office of hon.
or or trust in this State, and shall be
otherwise punished as the law shall
prescribe.
Sec. IL. Temporary absence from
the State shall not forfeit a residence
once obtained.
Sec. 13. The power of suspending
the laws or the execution of the laws
shall only be exercised by the general
assembly or by its authority in partic-
ular cases expressly provided for by it.
Sec. IA. In the government of this
State the legislative, executive and
judicial powers of the government
shall be forever separate and distinct
from each other, and no person or
persons exercising the functions OF
one of said departments shall assume
or discharge the duties of any other.
Sec. Is. All courts shall be public,
and every person shall have speedy
remedy therein for wrongs sustained.
Sec. 16. The right of the people to
be secure in their persons, houses, pa
pers and effects against unreasonable
searches and seizures shall not be vio-
lated, and no warrants shall issue but
upon probable cause, supported by
oath or affirmation, and Particularly
describing the place to be searched and
the person or thing to be seized.
Sec. II. No person shall be held to
answer for any crime where the pun
ishment exceeds a fine of $100 or i'm
prisonment for 80 days, with or with
out hard labor, unless on present.
ment or indictment of grand jury
of the county where the crime shall
have been committed, except in cases
arising in the land or naval forces or
in the militia when in actual service
in time of war or public danger; nor
shall any person be subject for the
same offence to be twice put in jeop-
ardy of life or liberty, nor shall be
compelled in any criminal case to be
witness against himself. Private prop
erty shall not be taken for private use
without the consent of the owner, nor
for public use without just compensa-
ton being first made therefor.
Sec. Is. In all criminal prosecutions
the accused shall enjoy the right to a
speedy and public trial by an impair
tial jury, and to be fully informed of
the nature and cause of the accusation; !;
to be confronted with the witnesses
against him; to have compulsory pro-
cess for obtaining witnesses in his ia
vor, and to be fully heard in his de-
Tense by himself or by his counsel or
by both.
Sec. 10. Excessive bail shall not be
required, nor excessive fines imposed,
nor cruel and unusual punishments
inflicted, nor shall witnesses be unrea-
sonably detained. Corporal punish
ment shall not be inflicted. The power
to punish for contempt shall not in
any case extend to Imprisonment in
the State penitentiary.