The news and herald. (Winnsboro, S.C.) 1877-1900, 1895-09-24

without regard tc any criminal proceeding
hat may be had for such homicids.'
TIE DECLARATION OF sIeECs.
Mr. Mower from the committee OF de-
claration of rights. presented tie following
important article Of the Constitution, which
has j! Is understood. been practically agreed
to by the committee already:
An Ordinance Relating to the Declaration OF
Rights.
Be it ordained by the people of South
Carolina, in convention assembled, and by
the authority Of the same, that the following
provisions shall constitute the declaration OF
rights to be embodied in this Constitution az
Article l:
Section 1. All political power is vested IN
and derived from the people only, therefore
they have the right at all times to modify
their form Ct governmental such manner as
they may deem expedient when the public
good demands.
are reserved to the people nor shall the emu
meration of certain rights herein be con-
strued to deny or disparaGe others retained
by the people.
Sec 8. Representation shall be apportion-
cd according to population.
Sec. f. The General Assembly ought fre-
quently to assemble for the redress of griev-
auces and for making new laws as the COM
mon good may require.
Sec 5. The General Assembly shall make
no law respecting an establishment Of re-
ligion or prohibiting the free exercise there
of provided that the liberty of conscience
hereby declared shall not justify practices
inconsistent with the peace and moral safety
of society; or abridging the freedom OF
speech or of the press: or the right Of the
people peaceably to assemble and to petition
the government or any department thereof
Tor c redress Of grievances.
Sec. &. The privileges and lmmunities OF
citizens Of this State and of the United
States, under this Constitution shall not be
abridged. nor shall any person be deprived
OF life, liberty or property without due pro-
cess Of law: nor shall any person be denied
equal protection of the law.
Sec. 7. All property subiectrto taxation
shall be taHed. in psepertieH to its value.
- Sec. S. No tax. subsidy, charge, impost
tax or duties shall 5e established, made OF
levied under any preteIt whatsoever without
the consent Of the people or tEeir representa-.
tives lawfully assembled.
Sec. 2. No bill Of attainder. ex post lacto
law. law impairinS the obligation oil con.
tracts. nor ilw granting any title Of nobility
( r hereditary en- molUment shall be passed and
no conviction shall work corruption OF
blood or forfeiture OF estate.
Sec. 10. The right OF citizens Of this State
to vote shall not be den:ed or abridged on
account Of race. color or previous condition
of servitud@-
Sec. II. The right OF suffrage as regulated
in this Constitution shall be protected by
M or,b;
der adequate penalties all undue influences
from power. bribery, tumult or imprope,
conduct.
Sec. -. All elections shall be free and
open and every inhabitant OF this State pos
srssing the qualifications provided for In
this Constitution shall have an equal right to
nlect Officers and he elected to f1ll public Of
flee.
Sec. 13. No property qualification shall be
necessary for ali election t. or the holding OF
any office. and no Office shall be created, the
election or appointment to which shall be
created. the election or appointment to which
shall he for longer term than good behav-
ior. After the adoption nf this Constitution
whoever shall fight a duel o. send or accept
A challenge for that purpose, or be an alder
Or abetter in fighting a duel shall be deprived
of holding any Office Of honor or trust in
this State and shall be otherwise punished as
the law snail prescribe
Sec. Il. Temporary absence from the
State shall not forfeit a residence once Oh
tanned
Sec. IS. The power Of suspending the laws
or the execution Of the law shall only be e1-
ercised by the General Assembly or by its
authority in particular cases expressly pro-
vided for by it.
Sec. 16. 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. II. Neither slavery nor involuntary
servitude. except as punishment for crime
whereof the party shall have been duly con-
victed. shall exist in this State.
Section IS. All courts shall be public and
every person shall have speedy remedy
for wrongs sustained.
Sec. ~. The right of the people to be Sc
cure in their persons. houses, papers and ef-
fects against unreasonable searches and
seizures shall net be violated and no VAL
rants shall issue but upon probable cause
supported by oath or affirmation. and par
ticularly describing the place and the person
or thing to be seized.
Sec. 20. No person shall be held to answer
for any crime where the punishment exceeds
a fine Of 800 or Imprisonment for thirty
days. unless on presentment or indictment
of a 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 naval militia when in actual service
in time Of war or public danger. nor shall
anv person be subject for the same offence to
he put twice in jeopardy Of life or liberty;
nor shall be compelled in any criminal case
to be witness against himself; nor be de-
prived OF life, liberty or property without
due process Of law; nor shall private proper
BY be taken &C. public use without just COM
pensation.
: Sec. q. In all criminal prosecutions the
accused shall enjoy the right to speedy and
public taial by aninpartial jury of the county
where the crime shall have been committed
and to be informed Of the nature and cause
of the accusation; to be confronted with the
witnesses against him; to have compulsory
process fo- obtaining witnesses in his favor
and to have the assistance OF counsel in his
defense.
Sec. %. Excessive bail shall not be re-
ouired. nor excessive fines imposed, nor
c-uel and unusual punishments inflicted, nor
shall WITH asses be unreasonably detained.
CORPORAL punishment shall not be inflicted.
The power to punish for contempt shall not
in any case extend to imprisonment in the
State penitentiary.
Sec. 2S. All persons shall before conviction
be bailable by sufficient sureties except for
capital offences. when the proof is evident
or the presumption great
See. e. In all indictments or prosecutions
for libel the truth of the alleged libel may be
given in evidence and the Jury shal! be