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allowed within this state to all mankind: Provided, that the liberty of conscience thereby declared, shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state.
2. The rights, privileges, immunities, and estates of both civil and religious societies and of corporated bodies, shall remain as if the constitution of this state had not been altered or amended.
$ 1. All power is originally vested in the people; and all free governments are founded on their authority, and are instituted for their peace, safety, and happiness.
2. No freeman of this state shall be taken, or imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the judgment of his peers, or by the law of the land : nor shall any bill of attainder, ex post facto law, or law impairing the obligation of contracts, ever be passed by the legislature of this state.
3. The military shall be subordinate to the civil power.
4. Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted.
5. The legislature shall not grant any title of nobility or hereditary distinction, nor create any office, the appointment to which shall be for any longer time than during good behaviour.
6. The trial by jury, as heretofore used in this state, and the liberty of the press, shall be for ever inviolably preserved.
ARTICLE 10. § 1. The business of the treasury shall be in future conducted by two treasurers, one of whom shall hold his office and reside in Columbia ; and the other shall hold his office and reside in Charleston.
2. The secretary of state and surveyor-general shall hold their offices both in Columbia and in Charleston. They shall reside at one place, and their deputies at the other.
3. At the conclusion of the circuits, the judges shall meet and sit at Columbia, for the purpose of hearing and determining all motions which may be made for new trials, and in arrest of judgments, and such points of law as may be submitted to them. From Columbia they shall proceed to Charleston, and there hear and determine all such motions for new trials, and in arrest of judgment, and such points of law as may be submitted to them.
4. The governor shall always preside, during the sitting of the legislature, at the place where their sessions may be held, and at all other times, wherever, in his opinion, the public good may require.
5. The legislature shall, as soon as may be convenient, pass laws for the abolition of the rights of primogenitures, and for giving an equitable distribution of the real estate of intestates.
ARTICLE 11. No convention of the people shall be called, unless by the concurrence of two-thirds of both branches of the whole representation.
No part of this constitution shall be altered, unless a bill to alter the same shall have been read three times in the house of representatives, and three times in the senate, and agreed to by 'two-thirds of both branches of the whole representation ; neither shall any alteration take place until the bill so agreed to be published three months previous to a new election for members to the house of representatives ; and if the alteration proposed by the legislature shall be agreed to in their first session by two-thirds of the whole representation in both branches of the legislature, after the same shall have been read three times, on three several days in each house, then, and not otherwise, the same shall become a part of the constitution. Done in convention, at Columbia, in the state of South Carolina,
the third day of June, in the year of our Lord 1790, and in the
CHARLES PINCKNEY, President.
A Bill to alter the fourth section of the first article of the Constitu
tion of the state of South Carolina.
Be it enacted by the honourable the senate and house of representatives, now met and sitting in general assembly, and by the authority of the same, That the fourth section of the first article of the constitution of this state be altered and amended, to read as follows : Every free white man of the age of twenty-one years, paupers and non-commissioned officers and private soldiers of the army of the United States excepted, being a citizen of this state, and having resided therein two years previous to the day of election, and who hath a freehold of fifty acres of land, or a town lot, of which he hath been legally seized and possessed at least six months before such election, or not having such freehold or town lot, hath been a resident in the election district in which he offers to give his vote six months before the said election, shall have a right to vote for a member or members to serve in either branch of the legislature, for the election district in which he holds such property, or is so resident.
AMENDMENTS RATIFIED DECEMBER 17, 1808. The following sections, in amendment of the third, seventh, and ninth sections of the first article of the constitution of this state, shall be, and they are hereby declared to be, valid parts of the said constitution; and the said third, seventh, and ninth sections, or such parts thereof as are repugnant to such amendments, are hereby repealed and made void.
The house of representatives shall consist of one hundred and twentyfour members, to be apportioned among the several election districts of the state, according to the number of white inhabitants contained, and
the amount of all taxes raised by the legislature, whether direct or indi. rect, or of whatever species, paid in each, deducting therefrom all taxes paid on account of property held in any other district, and adding thereto all taxes elsewhere paid on account of property held in such district. An enumeration of the white inhabitants, for this purpose, shall be made in the year one thousand eight hundred and nine, and in the course of every tenth year thereafter, in such manner as shall be by law directed : and representatives shall be assigned to the different districts in the abovementioned proportion, by act of the legislature, at the session immediately succeeding the above enumeration.
If the enumeration herein directed should not be made in the course of the year appointed for the purpose by these amendments, it shall be the duty of the governor to have it effected as soon thereafter as shall be practicable.
In assigning representatives to the several districts of the state, the legislature shall allow one representative for every sixty-second part of the whole number of white inhabitants in the state ; and one representative also for every sixty-second part of the whole taxes raised by the legislature of the state. The legislature shall further allow one representative for such fractions of the sixty-second part of the white inhabitants of the state, and of the sixty-second part of the taxes raised by the legislature of the state, as, when added together, form a unit.
In every apportionment of representation under these amendments, which shall take place after the first apportionment, the amount of taxes shall be estimated from the average of the ten preceding years; but the first apportionment shall be founded upon the tax of the preceding year, excluding from the amount thereof the whole produce of the tax on sales at public auction.
If, in the apportionment of representatives under these amendments, any election district shall appear not to be entitled, from its population and its taxes, to a representative, such election district shall, nevertheless, send one representative; and, if there should be still a deficiency of the number of representatives required by these amendments, such deficiency shall be supplied by assigning representatives to those election districts having the largest surplus fractions ; whether those fractions consist of a combination of population and of taxes, or of population or of taxes separately, until the number of one hundred and twentyfour members be provided.
No apportionment, under these amendments shall be construed to take effect, in any manner, until the general election which shall succeed such apportionment.
The election districts, for members of the house of representatives, shall be and remain as heretofore established, except Saxe Gotha and Newberry; in which the boundaries shall be altered, as follows, viz : That part of Lexington in the fork of Broad and Saluda rivers, shall no longer compose a part of the election district of Newberry, but shall be henceforth attached to, and form a part of, Saxe Gotha. And, also, except Orange and Barnwell, or Winton, in which the boundaries shall be altered, as follows, viz: That part of Orange in the fork of Edisto shall no longer compose a part of the election district of Barnwell, or Winton, but shall be henceforth attached to, and form a part of, Orange election district.
The senate shall be composed of one member from each election district, as now established for the election of members of the house of representatives, except the district formed by the parishes of St. Philip and St. Michael, to which shall be allowed two senators, as heretofore.
The seats of those senators who under the constitution shall represent two or more election districts, on the day preceding the second Monday of October, which will be in the year one thousand eight hundred and ten, shall be vacated on that day, and the new senators who shall repre. sent such districts under these amendments, shall, immediately after they shall have been assembled under the first election, be divided by lots into two classes ; the seats of the senators of the first class shall be va. cated at the expiration of the second year, and of the second class, at the expiration of the fourth year; and the number in these classes shall be so proportioned, that one-half of the whole number of senators may, as nearly as possible, continue to be chosen thereafter every second year.
None of these amendments becoming parts of the constitution of this state shall be altered, unless a bill to alter the same shall have been read on three several days in the house of representatives, and on three several days in the senate, and agreed to at the second and third reading by two-thirds of the whole representation in each branch of the legislature; neither shall any alteration take place, until the bill so agreed to be published three months previous to a new election for members to the house of representatives; and if the alteration proposed by the legislature shall be agreed to in their first session, by two-thirds of the whole representation, in each branch of the legislature, after the same shall have been read on three several days in each house, then, and not otherwise, the same shall become a part of the constitution.
AMENDMENT RATIFIED DECEMBER 19, 1816. That the third section the tenth article of the constitution of this state be altered and amended to read as follows: The judges shall, at such times and places as shall be prescribed by act of the legislature of this state, meet and sit for the purpose of hearing and determining all motions which may be made for new trials, and in arrest of judgment, and such points of law as may be submitted to them.
CONSTITUTION OF GEORGIA.
The Constitution of the State of Georgia, as revised, amended, and
compiled, by the convention of the State, at Louisville, on the 30th day of May, 1798.
ARTICLE 1. $ 1. The legislative, executive, and judiciary departments of government shall be distinct, and each department shall be confided to a separate body of magistracy ; and no person or collection of persons, being of one of those departments, shall exercise any power properly attached to either of the others, except in the instances herein expressly permitted.
§ 2. The legislative power shall be vested in two separate and distinct branches, to wit : a senate and house of representatives, to be styled “ the General Assembly.”
$ 3. The senate shall be elected annually, on the first Monday in November, until such day of election be altered by law; and shall be composed of one member from each county, to be chosen by the electors thereof.
§ 4. No person shall be a senator who shall not have attained to the age of twenty-five years; and have been nine years a citizen of the United States, and three years an inhabitant of this state, and shall have usually resided within the county for which he shall be returned, at least one year immediately preceding his election, (except persons who may have been absent on public business of this state or of the United States,) and is, and shall have been possessed, in his own right, of a settled freehold estate of the value of five hundred dollars, or of taxable property to the amount of one thousand dollars, within the county, or for one year preceding his election; and whose estate shall, on a reasonable estimation, be fully competent to the discharge of his just debts, over and above that sum.
§ 5. The senate shall elect, by ballot, a president out of their own body.
$ 6. The senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation : and no person shall be convicted without the concurrence of two-thirds of the members present:- Judgment in cases of impeachment shall not extend further than removal from office and disqualification to hold and enjoy any office of honour, trust, or profit, within this state ; but the party convicted shall, nevertheless, be subject to indictment, trial, judgment, and punishment, according to law.
57. The house of representatives shall be composed of members from all the counties which now are, or hereafter may be, included within this state, according to their respective numbers of free white persons, and including three-fifths of all the people of colour. The actual enumeration shall be made within two years, and within every subsequent term of seven years thereafter, at such time and in such manner as this convention may direct. Each county containing three thousand persons, agreeably to the foregoing plan of enumeration, shall be entitled to two, members; seven thousand to three members; and twelve thousand to four members; but each county shall have at least one, and not more than four members; the representatives shall be chosen annually, on the first Monday in November, until such day of election be altered by law. Until the aforesaid enumeration shall be made, the several counties shall be entitled to the following number of representatives, respectively : Camden two; Glynn two; Liberty three ; M·Intosh two; Bryan one; Chatham four; Effingham two; Scriven two; Montgomery two; Burke three ; Bullock one ; Jefferson three ; Lincoln two; Elbert three; Jackson two; Richmond three; Wilkes four; Columbia three ; Warren three; Washington three; Hancock four; Greene three ; Oglethorpe three ; and Franklin two.
$ 8. No person shall be a representative who shall not have attained to the age of twenty-one years, and have been seven years a citizen of the United States, three years an inhabitant of this state, and have usually