(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "The federal and state constitutions, colonial charters, and other organic laws of the state, territories, and colonies now or hertofore forming the United States of America"

From the Library of 
Professor David Mellinkoff 



Who donated his collection 

TO THE 

UCLA School of Law 

Hugh & Hazel Darling 

Law Library 



August 1 999 



"Cleansed of words without reason, much 
of the language of the law need not be 
peculiar at all. and better for it." 

The Language of the Law 
by David Mellinkoff 



THE FEDERAL AND STATE 

CONSTITUTIONS 

COLONIAL CHARTERS, AND OTHER 
ORGANIC LAWS 

OF THE 

STATES, TERRITORIES, AND 
COLONIES 

NOW OR HERETOFORE FORMING 

THE UNITED STATES OF AMERICA 



Compiled and Edited 
under the Act of Congress of June 30, 1906 

By 
FRANCIS NEWTON THORPE, Ph. D., LL. D. 

Member of the Pennsylvania Bar; Fellow and Professor of American Constitu- 
tional History at the University of Pennsylvania, 1885-1898; Member of 
the American Historical Association; Author of The Constitutional History 
of the United States, 1765-1895; A (State) Constitutional History of 
the American People, 1776-1850; A Short Constitutional History 
of the United States; A (Social and Economic) History of the 
American People; A History of the Civil War; Editor of the His- 
tory of North America, Volumes IX, XV, XVI, XVIII, XIX, 
XX; Author of The Government of the People of the 
United States; Benjamin Franklin and the University 
of Pennsylvania; The Life of William Pepper, etc. 



VOL. VI 

Porto Rico — Vermont 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1909 




PORTO RICO 

For Treaty of Cession, 1898, see Philippines, p. 3153. 

CIVIL GOVERNMENT OF PORTO RICO— 1900 

[Fifty-Sixth Congress, First Session] 

An Act temporarily to provide revenues and a civil government for Porto Rico, 

and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 
United states of America in Congress assembled, That the provisions 
of this Act shall apply to the island of Porto Rico and to the adjacent 
islands and waters of the islands lying east of the seventy-fourth 
meridian of longitude west of Greenwich, which were ceded to the 
United States by the Government of Spain by treaty entered into on 
the tenth day of December, eighteen hundred and ninety-eight; and 
the name Porto Rico, as used in this Act, shall be held to include not 
only the island of that name, but all the adjacent islands as aforesaid. 

Sec. 2. That on and after the passage of this Act the same tariffs, 
customs, and duties shall be levied, collected, and paid upon all 
articles imported into Porto Rico from ports other than those of the 
United States which are required by law to be collected upon articles 
imported into the United States from foreign countries: Provided,, 
That on all coffee in the bean or ground imported into Porto Rico 
there shall be levied and collected a duty of five cents per pound, any 
law or part of law to the contrary notwithstanding: And provided 
further, That all Spanish scientific, literary, and artistic works, not 
subversive of public order in Porto Rico, shall be admitted free of 
duty into Porto Rico for a period of ten years, reckoning from the 
eleventh day of April, eighteen hundred and ninety-nine, as pro- 
vided in said treaty of peace between the United States and Spain: 
And provided further. That all books and phamphlets printed in the 
English language shall be admitted into Porto Rico free of duty 
when imported from the United States. 

Sec. 3. That on and after the passage of this Act all merchandise 
coming into the United States from Porto Rico and coming into Porto 
Rico from the United States shall be entered at the several ports of 
entry upon payment of fifteen per centum of the duties which are 
required to be levied, collected, and paid upon like articles of mer- 
chandise imported from foreign countries: and in addition thereto 
upon articles of merchandise of Porto Rican manufacture coming 
into the United States and withdrawn for consumption or sale upon 

3191 



3192 Porto Rico— 1900 

payment of a tax equal to the internal-revenue tax imposed in the 
United States upon the like articles of merchandise of domestic manu- 
facture ; such tax to be paid by internal-revenue stamp or stamps to 
be purchased and provided by the Commissioner of Internal Revenue 
and to be procured from the collector of internal revenue at or most 
convenient to the port of entry of said merchandise in the United 
States, and to be affixed under such regulations as the Commissioner 
of Internal Revenue, with the approval of the Secretary of the 
Treasury, shall prescribe; and on all articles of merchandise of 
United States manufacture coming- into Porto Rico in addition to the 
duty above provided upon payment of a tax equal in rate and amount 
to the internal-revenue tax imposed in Porto Rico upon the like 
articles of Porto Rican manufacture: Provided, That on and after 
the date when this Act shall take effect, all merchandise and articles, 
except coifee, not dutiable under the tariff laws of the United States. 
and all merchandise and articles entered in Porto Rico free of duty 
under orders heretofore made by the Secretary of War, shall be 
admitted into the several ports thereof, when imported from the 
United States, free of duty, all laws or parts of laws to the contrary 
notwithstanding ; and whenever the legislative assembly of Porto 
Rico shall have enacted and put into operation a system of local 
taxation to meet the necessities of the government of Porto Rico, by 
this Act established, and shall by resolution duly passed so notify 
the President, he shall make proclamation thereof, and thereupon all 
tariff duties on merchandise and articles going into Porto Rico from 
the United States or coming into the United States from Porto Rico 
shall cease, and from and after such date all such merchandise and 
articles shall be entered at the several ports of entry free of duty: 
and in no event shall any duties be collected after the first day of 
March, nineteen hundred and two, on merchandise and articles going 
into Porto Rico from the United States or coming into the United 
States from Porto Rico. 

Sec. 4. That the duties and taxes collected in Porto Rico in pursu- 
ance of this Act, less the cost of collecting the same, and the gros> 
amount of all collections of duties and taxes in the United States 
upon articles of merchandise coming from Porto Rico, shall not be 
covered into the general fund of the Treasury, but shall be held as a 
separate fund, and shall be placed at the disposal of the President to 
be used for the government and benefit of Porto Rico until the gov- 
ernment of Porto Rico herein provided for shall have been organized, 
when all moneys theretofore collected under the provisions hereof, 
then unexpended, shall be transferred to the local treasury of Porto 
Rico, and the Secretary of the Treasury shall designate the several 
ports and subports of entry in Porto Rico and shall make such rules 
and regulations and appoint such agents as may be necessary to col- 
lect the duties and taxes authorized to be levied, collected, and paid 
in Porto Rico by the provisions of this Act, and he shall fix the com- 
pensation and provide for the payment thereof of all such officers, 
agents, and assistants as he may find it necessary to employ to carry 
out the provisions hereof: Provided, however, That as soon as a civil 
government for Porto Rico shall have been organized in accordance 
with the provisions of this Act and notice thereof shall have been 



Porto Rico— 1900 3193 

given to the President he shall make proclamation thereof, and there- 
after all collections of duties and taxes in Porto Rico under the provi- 
sions of this Act shall be paid into the treasury of Porto Rico, to be 
expended as required by law for the government and benefit thereof 
instead of being- paid into the Treasury of the United States. 
. Sec. 5. That on and after the day when this Act shall go into effect 
all goods, wares, and merchmandise previously imported from Porto 
Rico, for which no entry has been made, and all goods, wares, and 
merchandise previously entered without payment of duty and under 
bond for warehousing, transportation, or any other purpose, for 
which no permit of delivery to the importer or his agent has been 
issued, shall be subjected to the duties imposed by this Act, and to 
no other duty, upon the entry or the withdrawal threof : Provided, 
That when duties are based upon the weight of merchandise deposited 
in any public or private bonded warehouse said duties shall be levied 
and collected upon the weight of such merchandise at the time of its 
entry. 

GENERAL PROVISIONS 

Sec. G. That the capital of Porto Rico shall be at the city of San 
Juan and the seat of government shall be maintained there. 

Sec. 7. That all inhabitants continuing to reside therein who were 
Spanish subjects on the eleventh day of April, eighteen hundred and 
ninety-nine, and then resided in Porto Rico, and their children born 
subsequent thereto, shall be deemed and held to be citizens of Porto 
Rico, and as such entitled to the protection of the United States, 
except such as shall have elected to preserve their allegiance to the 
Crown of Spain on or before the eleventh day of April, nineteen 
hundred, in accordance with the provisions of the treaty of peace 
between the United States and Spain entered into on the eleventh day 
of April, eighteen hundred and ninety-nine; and they, together with 
such citizens of the United States as may reside in Porto Rico, shall 
constitute a body politic under the name of The People of Porto Rico, 
with governmental powers as hereinafter conferred, and with power 
to sue and be sued as such. 

Sec. 8. That the laws and ordinances of Porto Rico now in force 
shall continue in full force and effect, except as altered, amended, or 
modified hereinafter, or as altered or modified by military orders and 
decrees in force when this Act shall take effect, and so far as the same 
are not inconsistent or in conflict with the statutory laws of the 
United States not locally inapplicable, or the provisions hereof, until 
altered, amended, or repealed by the legislative authority hereinafter 
provided for Porto Rico or by Act of Congress of the United States : 
Provided, That so much of the law which was in force at the time of 
cession, April eleventh, eighteen hundred and ninety-nine, forbidding 
the marriage of priests, ministers, or followers of any faith because 
of vows they may have taken, being paragraph four, article eighty- 
three, chapter three, civil code, and which was continued by the order 
of the secretary of justice of Porto Rico, dated March seventeenth, 
eighteen hundred and ninety-nine, and promulgated by Major-Gen- 
eral Guy V. Henry, United States Volunteers, is hereby repealed and 
annulled, and all persons lawfully married in Porto Rico shall have 



3194 Porto Rico— 1900 

all the rights and remedies conferred by law upon parties to either 
civil or religious marriages: And provided further. That paragraph 
one, article one hundred and five, section four, divorce, civil code, and 
paragraph two, section nineteen, of the order of the minister of jus- 
tice of Porto Rico, dated March seventeenth, eighteen hundred and 
ninety-nine, and promulgated by Major-General Guy V. Henry, 
United States Volunteers, be, and the same hereby are, so amended as 
to read : '"Adultery on the part of either the husband or the wife," 

Sec. 9. That the Commissioner of Navigation shall make such reg- 
ulations, subject to the approval of the Secretary of the Treasury, as 
he may deem expedient for the nationalization of all vessels owned by 
the inhabitants of Porto Rico on the eleventh day of April, eighteen 
hundred and ninety-nine, and which continued to be so owned up to 
the date of such nationalization, and for the admission of the same to 
all the benefits of the coasting trade of the United States; and the 
coasting trade between Porto Rico and the United States shall be reg- 
ulated in accordance with the provisions of law applicable to such 
trade between any two great coasting districts of the United States. 

Sec. 10. That quarantine stations shall be established at such 
places in Porto Rico as the Supervising Surgeon-General of the 
Marine-Hospital Service of the United States shall direct, and the 
quarantine regulations relating to the importation of diseases from 
other countries shall be under the control of the Government of the 
United States. 

Sec. 11. That for the purpose of retiring the Porto Rican coins 
now in circulation in Porto Rico and substituting therefor the coins 
of the United States, the Secretary of the Treasury is hereby author- 
ized to redeem, on presentation in Porto Rico, all the silver coins of 
Porto Rico known as the peso and all other silver and copper Porto 
Rican coins .now in circulation in Porto Rico, not including any such 
coins that may be imported into Porto Rico after the first day of 
Fcbiuiary. nineteen hundred, at the present established rate of sixty 
cents in the coins of the United States for one peso of Porto Rican 
coin, and for all minor or subsidiary coins the same rate of exchange 
shall be applied. The Porto Rican coins so purchased or redeemed 
shall be recoined at the expense of the United States, under the direc- 
tion of the Secretary of the Treasury, into such coins of the United 
States now authorized by law as he may direct, and from and after 
three months after the date when this Act shall take effect no coins 
shall be a legal tender, in payment of debts thereafter contracted, for 
any amount in Porto Rico, except those of the United States; and 
whatever sum may be required to carry out the provisions hereof, 
and to pay all expenses that may be incurred in connection therewith. 
is hereby appropriated, and the Secretary of the Treasury is hereby 
authorized to establish such regulations and employ such agencies 
as may bg necessary to accomplish the purposes hereof: Provided^ 
however? That all debts owing on the date when this Act shall take 
effect shall be payable in the coins of Porto Rico now in circulation, 
or in the coins of the United States at the rate of exchange above 
named. 

Sec. L2. That all expenses that may be incurred on account of the 
government of Porto Rico for salaries of officials and the condud^of 
their offices and departments, and all expenses and obligations con- 
tracted for the internal improvement or development of the island. 



Porto Rico— 1900 3195 

not, however, including defenses, barracks, harbors, light-houses, 
buoys, and other works undertaken by the United States, shall be 
paid by the treasurer of Porto Rico out of the revenues in his cus- 
tody. 

Sec. 13. That all property which may have been acquired in Porto 
Rico by the United States under the cession of Spain in said treaty 
of peace in any public bridges, road houses, water powers, highways, 
unnavigable streams, and the beds thereof, subterranean waters, 
mines, or minerals under the surface of private lands, and all prop- 
erty which at the time of the cession belonged, under the laws of 
Spain then in force, to the various harbor- works boards of Porto 
Rico, and all the harbor shores, docks, slips, and reclaimed lands, 
but not including harbor areas or navigable waters, is hereby placed 
under the control of the government established by this Act to be 
administered for the benefit of the people of Porto Rico; and the 
legislative assembly hereby created shall have authority, subject to 
the limitations imposed upon all its acts, to legislate with respect to 
all such matters as it may deem advisable. 

Sec. 14. That the statutory laws of the United States not locally 
inapplicable, except as hereinbefore or hereinafter otherwise pro- 
vided, shall have the same force and effect in Porto Rico as in the 
United States, except the internal-revenue laws, which, in view of 
the provisions of section three, shall not have force and effect in 
Porto Rico. 

Sec. 15. That the legislative authority hereinafter provided shall 
have power by due enactment to amend, alter, modify, or repeal any 
law or ordinance, civil or criminal, continued in force by this Act, as 
it may from time to time see fit. 

Sec. lfi. That all judicial process shall run in the name of " United 
States of America, ss: the President of the United States." and all 
criminal or penal prosecutions in the local courts shall be conducted 
in the name and by the authority of "The people of Porto Rico;" 
and all officials authorized by this Act shall before entering upon the 
duties of their respective offices take an oath to support the Consti- 
tution of the United States and the laws of Porto Rico. 

THE GOVERNOR 

Sec. 17. That the official title of the chief executive officer shall be 
" The Governor of Porto Rico." He shall be appointed by the Presi- 
dent, by and with the advice and consent of the Senate ; he shall hold 
his office for a term of four years and until his successor is chosen and 
qualified unless sooner removed by the President ; he shall reside in 
Porto Rico during his official incumbency, and shall maintain his 
office at the seat of government : he may grant pardons and reprieves, 
and remit fines and forfeitures for offenses against the laws of Porto 
Rico, and respites for offenses against the laws of the United States, 
until the decision of the President can be ascertained; he shall com- 
mission all officers that he may be authorized to appoint, and may veto 
any legislation enacted, as hereinafter provided; he shall be the com- 
mander in chief of the militia, and shall at all times faithfully execute 
the laws, and he shall in that behalf have all the powers of governors 
of the Territories of the United States that are not locally inappli- 
cable; and he shall annually, and at such other times as he may be 



3196 Porto Rico— 1900 

required, make official report of the transactions of the government in 
Porto Rico, through the Secretary of State, to the President of the 
United States : Provided, That the President niay, in his discretion, 
delegate and assign to him such executive duties and functions as may 
in pursuance with law be so delegated and assigned. 

THE EXECUTIVE COUNCIL 

Sec. 18. That there shall be appointed by the President, by and 
with the advice and consent of the Senate, for the period of four 
years, unless sooner removed by the President, a secretary, an attorney- 
general, a treasurer, and auditor, a commissioner of the interior, and 
a commissioner of education, each of whom shall reside in Porto 
Rico during his official incumbency and have the powers and duties 
hereinafter provided for them, respectively, and who, together with 
five other persons of good repute, to be also appointed by the Presi- 
dent for a like term of four years, by and with the advice and consent 
of the Senate, shall constitute an executive council, at least five of 
whom shall be native inhabitants of Porto Rico, and, in addition to 
the legislative duties hereinafter imposed upon them as a body, shall 
exercise such powers and perform such duties as are hereinafter pro- 
vided for them, respectively, and who shall have power to employ all 
necessary deputies and assistants for the proper discharge of their 
duties as such officials and as such executive council. 

Sec 19. That the secretary shall record and preserve minutes of the 
proceedings of the executive council and the laws enacted by the legis- 
lative assembly and all acts and proceedings of the governor, and shall 
promulgate all proclamations and orders of the governor and all laws 
enacted by the legislative assembly. He shall, within sixty days after 
the end of each session of the legislative assembly, transmit to the 
President, the President of the Senate, the Speaker of the House of 
Representatives, and the Secretary of State of the United States one 
copy each of the laws and journals of such session. 

Sec 20. That in case of the death, removal, resignation, or disabil- 
ity of the governor, or his temporary absence from Porto Rico, the 
secretary shall exercise all the powers and perform all the duties of 
the governor during such vacancy, disability, or absence. 

Sec 21. That the attorney-general shall have all the powers and 
discharge all the duties provided by law for an attorney of a Terri- 
tory of the United States in so far as the same are not locally inap- 
plicable, and he shall perform such other duties as may be prescribed 
by law, and make such reports, through the governor, to the Attor- 
ney-General of the United States as he may require, which shall 
annually be transmitted to Congress. 

Sec 22. That the treasurer shall give bond, approved as to form by 
the attorney-general of Porto Rico, in such sum as the executive coun- 
cil may require, not less, however, than the sum of one hundred 
thousand dollars, with surety approved by the governor, and he shall 
collect and be the custodian of the public funds, and shall disburse the 
same when appropriated by law, on warrants signed by the auditor 
and countersigned by the governor, and shall perform such other 
duties as may be prescribed by law, and make, through the governor, 
such reports to the Secretary of the Treasury of the United States 
as he may require, which shall annually be transmitted to Congress. 



Porto Rico— 1900 3197 

Sec. 23. That the auditor shall keep full and accurate accounts, 
showing- all receipts and disbursements, and perform such other 
duties as may be prescribed by law, and make, through the governor, 
such reports to the Secretary of the Treasury of the United Slates 
as he may require, which shall annually be transmitted to Congress. 

Sec. 24. That the commissioner of the interior shall superintend all 
Works of a public nature, and shall have charge of all public build- 
ings, grounds, and lands, except those belonging to the United States, 
and shall execute such requirements as may be imposed by law with 
respect thereto, and shall perform such other duties as may be pre- 
scribed by law, and make such reports through the governor to the 
Secretary of the Interior of the United States as he may require, 
which shall annually be transmitted to Congress. 

Sec. 25. That the commissioner of education shall superintend 
public instruction throughout Porto Rico, and all disbursements on 
account thereof must be approved by him; and he shall perform such 
other duties as may be prescribed by law, and make such reports 
through the governor as may be required by the Commissioner of 
Education of the United States, Avhich shall annually be transmitted 
to Congress. 

Sec. 26. That the other five members of the executive council, to 
be appointed as hereinbefore provided, shall attend all meetings of 
the executive council and participate in all business of every char- 
acter that may be transacted by it; and they shall receive as com- 
pensation for their services such annual salaries as may be provided 
by the legislative assembly. 

HOUSE OF DELEGATES 

Sec. 27. That all local legislative powers hereby granted shall be 
vested in a legislative assembly which shall consist of two houses; 
one the executive council, as hereinbefore constituted, and the other 
a house of delegates, to consist of thirty-five members elected bien- 
nially by the qualified voters as hereinafter provided; and the two 
houses thus constituted shall be designated " The legislative assem- 
bly of Porto Rico."' 

Sec. 28. That for the purposes of' such elections Porto Rico shall 
be divided by the executive council into seven districts, composed of 
contiguous territory and as nearly equal as may be in population, 
and each district shall be entitled to five members of the house of 
delegates. 

ELECTION OF DELEGATES 

Sec. 20. That the first election for delegates shall be held on such 
elate and under such regulations as to ballots and voting as the execu- 
tive council may prescribe; and at such elections the voters of each 
legislative district shall choose five delegates to represent them in 
the house of delegates from the date of their election and qualifica- 
tion until two years from and after the first day of January next 
ensuing; of all which thirty days' notice shall be given by pub- 
lication in the Official Gazette, or by printed notices distributed and 
posted throughout the district, or by both, as the executive council 



3198 Porto Rico— WOO 

may prescribe. At such elections all citizens of Porto Rico shall be 
allowed to vote who have been bona fide residents for one year and 
who possess the other qualifications of voters under the laws and 
military orders in force on the first day of March, nineteen hundred, 
subject to such modifications and additional qualifications and such 
regulations and restrictions as to registration as may be prescribed 
by the executive council. The house of delegates so chosen shall 
convene at the capital and organize by the election of a speaker, a 
clerk, a sergeant-at-arms, and such other officers and assistants as 
it may require, at such time as may be designated by the executive 
council; but it shall not continue in session longer than sixty days 
in any one year, unless called by the governor to meet in extraordi- 
nary session. The enacting clause of the laws shall be, " Be it enacted 
by the legislative assembly of Porto Rico ; " and each member of the 
house of delegates shall be paid for his services at the rate of five 
dollars per day for each day's attendance while the house is in ses- 
sion, and mileage at the rate of ten cents per mile for each mile 
necessarily traveled each way to and from each session of the legis- 
lative assembly. 

All future elections of delegates shall be governed by the provisions 
hereof, so far as they are applicable, until the legislative assembly 
shall otherwise provide. 

Sec. 30. That the house of delegates shall be the sole judge of the 
elections, returns, and qualifications of its members, and shall have 
and exercise all the powers with respect to the conduct of its pro- 
ceedings that usually appertain to parliamentary legislative bodies. 
No person shall be eligible to membership in the house of delegates 
who is not twenty-five years of age and able? to read and write either 
the Spanish or the English language, or who is not possessed in his 
own right of taxable property, real or personal, situated in Porto 
Rico. 

Sec. 31. That all bills may originate in either house, but no bill 
shall become a law unless it be passed in each house by a majority vote 
of all the members belonging' to such house and be approved by the 
governor within ten days thereafter. If, when a bill that has been 
passed is presented to the governor for signature, he approves the 
same, he shall sign it, or if not he shall return it, with his objections, 
to that house in which it originated, which house shall enter his ob- 
jections at large on its journal, and proceed to reconsider the bill. 
If, after such reconsideration, two-thirds of that house shall agree to 
pass the bill, it shall be sent, together with the objections, to the other 
house, by which it shall likewise be considered, and if approved by 
two-thirds of that house it shall become a law. But in all such cases 
the votes of both houses shall be determined by yeas and nays, and the 
names of the persons voting for and against the bill shall be entered. 
upon the journal of each house, respectively. If any bill shall not be 
returned* by the governor within ten days (Sundays excepted) after it 
shall have been presented to him, the same shall be a law in like man- 
ner as if he had signed it, unless the legislative assembly by adjourn- 
ment prevent its return, in which case it shall not be a law : Provided, 
however, That all laws enacted by the legislative assembly shall be 
reported to the Congress of the United States, which hereby reserves 
the power and authority, if deemed advisable, to annul the same. 



Porto Rico— -1900 . 3199 

Sec. 32. That the legislative authority herein provided shall extend 
to all matters of a legislative character not locally inapplicable, in- 
cluding power to create, consoldiate, and reorganize the municipali- 
ties, so far as may he necessary, and to provide and repeal laws and 
ordinances therefor; and also the power to alter, amend, modify, and 
repeal any and all laws and ordinances of every character now in 
force in Porto Rico, or any municipality or district thereof, not in- 
consistent with the provisions hereof: Provided, however, That all 
grants of franchises, rights, and privileges or concessions of a public 
or quasi-public nature shall be made by the executive council, with 
the approval of the governor, and all franchises granted in Porto 
Rico shall be reported to Congress, which hereby reserves the power 
to annul or modify the same. 

THE JUDICIARY 

Sec. 33. That the judicial power shall be vested in the courts and 
tribunals of Porto Rico as already established and now in opera- 
tion, including municipal courts, under and b}^ virtue of General 
Orders, Numbered One hundred and eighteen, as promulgated by 
Brigadier-General Davis, United States Volunteers, August sixteenth, 
eighteen hundred and ninety-nine, and including also the police courts 
established by General Orders, Numbered One hundred and ninety- 
five, promulgated November twenty-ninth, eighteen hundred and 
ninety-nine, by Brigadier-General Davis, United States Volunteers, 
and the laws and ordinances of Porto Rico and the municipalities 
thereof in force, so far as the same are not in conflict herewith, all 
which courts and tribunals are hereby continued. The jurisdiction of 
said courts and the form of procedure in them, and the various officials 
and attaches thereof, respectively, shall be the same as defined and 
prescribed in and by said laws and ordinances, and said General 
Orders. Numbered One hundred and eighteen and One hundred and 
ninety-five, until otherwise provided by law: Provided, however, That 
the chief justice and associate justices of the supreme court and the 
marshal thereof shall be appointed by the President, by and with the 
advice and consent of the Senate, and the judges of the district courts 
shall be appointed by the governor, by and with the advice and con- 
sent of the executive council, and all other officials and attaches of all 
the other courts shall be chosen as may be directed by the legislative 
assembly, which shall have authority to legislate from time to time as 
it may see fit with respect to said courts, and any others they may 
deem it advisable to establish, their organization, the number of 
judges and officials and attaches for each, their jurisdiction, their 
procedure, and all other matters affecting them. 

Sec. 34. That Porto Rico shall constitute a judicial district to be 
called " the district of Porto Rico. v The President, by and with the 
advice and consent of the Senate, shall appoint a district judge, a dis- 
trict attorney, and a marshal for said district, each for a term of four 
years, unless sooner removed by the President. The district court for 
said district shall be called the district court of the United States for 
Porto Rico and shall have power to appoint all necessary officials and 
assistants, including a clerk, an interpreter, and such commissioners 
as may be necessary, who shall have like power and duties as are exer- 
cised and performed by commissioners of the circuit courts of the 



3200 Porto Rico -1900 

United States, and shall have, in addition to the ordinary jurisdiction 
of district courts of the United States, jurisdiction of all cases cogni- 
zant in the circuit courts of the United States, and shall proceed 
therein in the same manner as a circuit court. The laws of the United 
States relating to appeals, writs of error and certiorari, removal of 
causes, and other matters and proceedings as between the courts of the 
United States and the courts of the several States shall govern in such 
matters and proceedings as between the district court of the United 
States and the courts of Porto Rico. Regular terms of said court 
shall be held at San Juan, commencing on the second Monday in April 
and October of each year, and also at Ponce on the second Monday in 
January of each year, and special terms ma}' be held at Mayaguez at 
such other stated times as said judge may deem expedient. All plead- 
ings and proceedings in said court shall be conducted in the English 
language. 

The United States district court hereby established shall be the 
successor to the United States provisional court established by Gen- 
eral Orders, Numbered Eighty-eight, promulgated by Brigadier- 
General Davis, United States Volunteers, and shall take possession 
of all records of that court, and take jurisdiction of all cases and 
proceedings pending therein, and said United States provisional court 
is hereby discontinued. 

Sec. 35. That writs of error and appeals from the final decisions 
of the supreme court of Porto Rico and the district court of the 
United States shall be allowed and may be taken to the Supreme 
Court of the United States in the same manner and under the same 
regulations and in the same cases as from the supreme courts of the 
Territories of the United States; and such writs of error and appeal 
shall be allowed in all cases where the Constitution of the United 
States, or a treaty thereof, or an Act of Congress is brought in ques- 
tion and the right claimed thereunder is denied; and the supreme 
and district courts of Porto Rico and the respective judges thereof 
may grant writs of habeas corpus in all cases in which the same are 
grant able by the judges of the district and circuit courts of the . 
United States. All such proceedings in the Supreme Court of the 
United States shall be conducted in the English language. 

Sec. 36. That the salaries of all officials of Porto Rico not appointed 
by the President, including deputies, assistants, and other help, shall 
be such, and be so paid out of the revenues of Porto Rico, as the 
executive council shall from time to time determine: Provided, how- 
ever, That the salary of no officer shall be either increased or dimin- 
ished during his term of office. The salaries of all officers and all 
expenses of the offices of the various officials of Porto Rico, appointed 
as herein provided by the President, including deputies, assistants, 
and other help, shall also be paid out of the revenues of Porto Rico 
on the warrant of the auditor, countersigned by the governor. 

The annual salaries of the officials appointed by the President, and 
so to be paid, shall be as follows: 

The governor, eight thousand dollars; in addition thereto he shall 
be entitled to the occupancy of the buildings heretofore used by the 
chief executive of Porto Rico, with the furniture and effects therein, 
free of rental. 

The secretary, four thousand dollars. 



Porto Rico— 1900 3201 

The attorney-general, four thousand dollars. 

The treasurer, five thousand dollars. 

The auditor, four thousand dollars. 

The commissioner of the interior, four thousand dollars. 

The commissioner of education, three thousand dollars. 

The chief justice of the supreme court, five thousand dollars. 

The associate justices of the supreme court (each), four thousand 
five hundred dollars. 

The marshal of the supreme court, three thousand dollars. 

The United States district judge, five thousand dollars. 

The United States district attorney, four thousand dollars. 

The United States district marshal, three thousand five hundred 
dollars. 

Sec. 37. That the provisions of the foregoing section shall not 
apply to the municipal officials. Their salaries and the compensa- 
tion of their deputies, assistants, and other help, as well as all other 
expenses incurred by the municipalities, shall be paid out of the 
municipal revenues in such manner as the legislative assembly shall 
provide. 

Sec. 38. That no export duties shall be levied or collected on ex- 
ports from Porto Eico; but taxes and assessments on property, and 
license fees for franchises, privileges, and concessions may be im- 
posed for the purposes of the insular and municipal governments, 
respectively, as may be provided and defined by act of the legislative 
assembly; and where necessary to anticipate taxes and revenues, 
bonds and other obligations may be issued by Porto Rico or any muni- 
cipal government therein as may be provided by law to provide for 
expenditures authorized by law, and to protect the public credit, and 
to reimburse the United States for any moneys which have been or 
may be expended out of the emergency fund of the War Department 
for the relief of the industrial conditions of Porto Rico caused by the 
hurricane of August eighth, eighteen hundred and ninety-nine: Pro- 
vided, however, That no public indebtedness of Porto Rico or of any 
municipality thereof shall be authorized or allowed in excess of seven 
per centum of the aggregate tax valuation of its property. 

Sec. 39. That the qualified voters of Porto Rico shall, on the first 
Tuesday after the first Monday of November, anno Domini nineteen 
hundred, and every two years thereafter, choose a resident commis- 
sioner to the United States, who shall be entitled to official recognition 
as such b}^ all Departments, upon presentation to the Department of 
State of a certificate of election of the governor of Porto Rico, and 
who shall be entitled to a salary, payable monthly by the United 
States, at the rate of five thousand dollars per annum: Provided, 
That no person shall be eligible to such election who is not a bona fide 
citizen of Porto Rico, who is not thirty years of age, and who does 
not read and write the English language. 

Sec 40. That a commission, to consist of three members, at least 
one of whom shall be a native citizen of Porto Rico, shall be ap- 
pointed by the President, by and with the advice and consent of the 
Senate, to compile and revise the laws of Porto Rico; also the various 
codes of procedure and systems of municipal government now in 
force, and to frame and report such legislation as may be necessary 
to make a simple, harmonious, and economical government, establish 



3202 Porto Rico— 1900 

justice. and secure its prompt and efficient administration, inaugurate 
a general system of education and public instruction, provide build- 
ings and funds therefor, equalize and simplify taxation and all the 
methods of raising revenue, and make all other provisions that may 
be necessary to secure and extend the benefits of a republican form of 
government to all the inhabitants of Porto Rico; and all the expenses 
of such commissioners, including all necessary clerks and other assist- 
ants that they may employ, and a salary to each member of the commis- 
sion at the rate of five thousand dollars per annum, shall be allowed 
and paid out of the treasury of Porto Rico as a part of the expenses 
of the government of Porto Rico. And said commission shall make 
full and final report, in both the English and Spanish languages, of 
all its revisions, compilations, and recommendations, with explana- 
tory notes as to the changes and the reasons therefor, to the Congress 
on or before one year after the passage of this Act. 

Sec. 41. That this Act shall take effect and be in force from and 
after the first day of May, nineteen hundred. 

Approved, April 12, 1900. 



TEMPORARY PROVISION FOR CIVIL AFFAIRS IN PORTO RICO— 

1900 

[Fifty-sixth Congress, First Session] 

[No. 23.] Joint Resolution to provide for the administration of civil affairs in 
Porto Rico pending the appointment and qualification of the civil officers pro- 
vided for in the Act approved April twelfth, nineteen hundred, entitled, "An 
Act temporarily to provide revenues and a civil government for Porto Rico, 
and for other purposes." 

Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That until the officer to fill 
any office provided for by the Act of April twelfth, nineteen hundred, 
entitled "An Act temporarily to provide revenues and a civil govern- 
ment for Porto Rico, and for other purposes," shall have been ap- 
pointed and qualified, the officer or officers now performing the civil 
duties pertaining to such office may continue to perform the same 
under the authority of said Act; and no officer of the Army shall 
lose his commission by reason thereof: Provided, That nothing herein 
contained shall be held to extend the time for the appointment and 
qualification of any such officers bej^ond the first day of August, 
nineteen hundred. 

Sec. 2. That all railroad, street railway, telegraph and telephone 
franchises, privileges or concessions granted under section thirty-two 
of said Act shall be approved by the President of the United States, 
and no suck' franchise, privilege, or concession shall be operative until 
it shall have been so approved. 

Sec. 3. That all franchises, privileges or concessions granted under 
section thirty-two of said Act shall provide that the same shall be 
subject to amendment, alteration, or repeal; shall forbid the issue of 
stock or bonds, except in exchange for actual cash, or property at a 
fair valuation, equal in amount to the par value of the stock or bonds 
issued; shall forbid the declaring of stock or bond dividends; and, in. 



Porto Rico— 1900 3203 

the case of public-service corporations, shall provide for the effective 
regulation of the charges thereof and for the purchase or taking by 
the public authorities of their property at a fair and reasonable valu- 
ation. Xo corporation shall be authorized to conduct the business of 
buying and selling real estate or be permitted to hold or own real 
estate except such as may be reasonably necessary to enable it to 
carry out the purposes for which it was created, and every corpora- 
tion hereafter authorized to engage in agriculture shall by its charter 
be restricted to the ownership and control of not to exceed five hun- 
dred acres of land: and this provision shall be held to prevent any 
member of a corporation engaged in agriculture from being in any 
wise interested in any other corporation engaged in agriculture. 
Corporation-, however, may loan funds upon real estate security, and 
purchase real estate when necessary for the collection of loans, but 
they shall dispose of real estate so obtained within five years after 
receiving the title. Corporations not organized in Porto Rico, ami 
doing business therein, shall be bound by the provisions of this sec- 
tion so far as they are applicable. 
Approved. May 1, 1000. 



RHODE ISLAND" 



For organic acts relating to the land now included within Rhode Island see 
in other parts of this work : 

Charter of Virginia, 1G06 (Virginia, p. 3783). 

Council for New England, 1620 (Massachusetts, p. 1827). 

Commission of Andros, 16SS (Massachusetts, p. 1863). 



PLANTATION AGREEMENT AT PROVIDENCE— AUGUST 27-SEP- 

TEMBER 6, 1640 '' 

Wee, Robert Coles, Chad Browne, William Harris, and John 
Warner, being freely chosen by the consent of our loving friends 
and neighbors the Inhabitants of this Towne of Providence, having 
many differences amongst us, they being freely willing and also bound 
themselves to stand to our Arbitration in all differences amongst 
us to rest contented in our determination, being so betrusted we have 
seriously and carefully indeavoured to weigh and consider all those 
differences, being desirous to bringe to unity and peace, although our 
abilities are farr short in the due examination of such weighty things, 
yet so farre as we conceive in laying all things together we have 
gone the fairest and the equallest way to produce our peace. 

1. Agreed, We have with one consent agreed that in the parting 
those particular properties which some of our friends and neighbors 
have in Patuxit, from the general Common of our towne of Provi- 
dence, to run uppon a streight line from a fresh spring being in the 
Gulley, at the head of that cove running by that point of land called 
Saxafras unto the towne of Mashipawog, to an oake tree standing 
neere unto the corn field, being at this time the nearest corn field 
unto Patuxit, the oake tree having four marks with an axe, till some 
other land marke be set for a certaine bound. Also, we agree that 
if any meadow ground lyeing and joineing to that Meadow, that 
borders uppon the River of Patuxit come within the aforesaid line, 
which will not come within a streight line from long Cove to the 
marked tree, then for that meadow to belong to Pawtuxit, and so 
beyond the towne of Mashipawog from the oake tree between the 
two fresh Rivers Pawtuxit and Wanasquatucket of an even Distance. 

o Rhode Island was first settled in 1636 by Roger Williams and other immi- 
grants who had suffered persecution in Massachusetts, and who established at 
Providence " a pure democracy, which for the first time guarded jealously the 
rights of conscience by ignoring any power in the body politic to interfere with 
those matters that alone concern man and his Maker." — Arnold. 

6 Text in Records of the Colony of Rhode Island and Providence Plantations 
in New England. (Providence, 1856), Vol. I, pp. 27-31. 

7254— vol 6—09 2 3205 



3206 Rhode Island— 16^0 

•2. Agreed. We have with one consent agreed that for the dis- 
poseing, of those lands that shall be disposed belonging to this towne 
of Providence to be in the whole Inhabitants by the choise of five 
men for generall disposeall, to betrusted with disposeall of lands 
and also of the towne Stocke, and all Generall things and not to 
receive in any six dayes at townesmen, but first to give the Inhabit-' 
ants notice to consider if any have just cause to shew against the 
receiving of him as you can apprehend, and to receive none but such 
as subscribe to this our determination. Also, we agree that if any of 
our neighbours doe apprehend himselfe wronged by these or any of 
these 5 disposers, that at the Generall towne meeting he may have a 
tryall. 

Also wee agree for the towne to choose beside the other five men 
one or more to keepe Eecord of all things belonging to the towne and 
lying in Common, 

Wee agree, as formerly hath bin the liberties of the town, so still, 
to hould forth liberty of Conscience. 

III. Agreed, that after many Considerations and Consultations of 
our owne State and alsoe of States abroad in way of government, we 
apprehend, no Avay so suitable to our Condition as government by way 
of Arbitration. But if men agree themselves by arbitration, no State 
we know of disallows that, neither doe we: But if men refuse that 
which is but common humanity betweene man and man, then to com- 
pel such unreasonable persons to a reasonable way, we agree that the 
5 disposers shall have power to compel him to choose two men him- 
selfe, or if he refuse, for them to choose two men to arbitrate his 
cause, and if these foure men chosen by every partie do end the cause, 
then to see theire determination performed and the faultive to pay 
the Arbitrators for theire time spent in it : But if these foure men 
doe not end it, then for the 5 disposers to choose three men to put an 
end to it, and for the certainty thereof, wee agree the major part of 
the 5 disposers to choose the 3 men. and the major part of the 3 men 
to end the cause haveing power from the 5 disposers by a note under 
theire hand to performe it, and the faultive not agreeing in the first 
to pay the charge of the last, and for the Arbitrators to follow no 
imployment til the cause be ended without consent of the whole that 
have to doe with the cause. 

Instance. In the first Arbitration the offendor may offer reasonable 
terms of peace, and the offended may exact upon him and refuse and 
trouble men beyond reasonable satisfaction ; so for the last arbitrators 
to judge where the fault was, in not agreeing in the first, to pay the 
charge of the last. 

IV. Agreed, that if any person damnify any man, either in goods 
of good name, and the person offended follow not the cause uppon the 
offendor. that if any person give notice to the 5 Disposers, they shall 
call the party delinquent to answer by Arbitration. 

Instance, Thus, if any person abuse an other person or goods, may 
be for peace sake, a man will at present put it up, and it may so be 
resolve to revenge : therefore, for the peace of the state, the disposers 
are to lo#k to it in the first place. 

V. Agreed, for all the whole Inhabitants to combine ourselves to 
assist any man in the pursuit of any party delinquent, with all best 
endeavours to attack him : but if any man raise a hubbub, and there 



Rhode Island— 16^1 3207 

be no just cause, then for the party that raised the hubbub to satisfy 
men for their time lost in it. 

VI. Agreed, that if any man have a difference with any of the 5 
Disposers which cannot be deferred till general meeting of the towne, 
then he may have the Clerk call the towne together at his [discretion] 
for a tryall. 

Instance. It may be, a man may be to depart the land, or to a farr 
parte of the land; or his estate may lye uppon a speedy tryall or the 
like case may fall out. 

VII. Agreed, that the towne, by the five men shall give every man 
a deed of all his lands lying within the bounds of the Plantations, to 
hould it by for after ages. 

VIII. Agreed, that the 5 disposers shall from the date hereof, meete 
every month-day uppon General things and at the quarter-day to 
yeeld a new choise and give up their old Accounts. 

IX. Agreed, that the Gierke shall call the 5 Disposers together at 
the month-day, and the generall towne together every quarter, to 
meete uppon general occasions from the date hereof. 

X. Agreed, that the Gierke is to receive for every cause that comes 
to the towne for a tryall 4rf. for making each deed \'2d. and to give up 
the booke to the towne at the yeeres' end and yeeld to a new choice. 

XI. Agreed, that all acts of disposall on both sides to stand since 
the difference. 

XII. Agreed, that every man that hath not paid in his purchase 
money for his Plantation shall make up his 10.*. to be 30.*. equal with 
the first purchasers: and for all that arc received townsmen hereafter, 
to pay the like surame of money to the towne stocke. 

These being those things wee have generally concluded on, for our 
peace, we desireing our loving friends to receive as our absolute deter- 
mination, laying ourselves downe as subjects to it. 

[Thirty-nine signatures follow.] 



GOVERNMENT OF RHODE ISLAND— MARCH 16-19, 1641° 

The Generall Court of Election began and held at Portsmouth, 
from the 16th of March, to the 19th of the same mo.. 1641. 

1. It was ordered and agreed, before the Election, that an Ingage- 
ment by oath should be taken of all the officers of this Body now to 
be elected, as likewise for the time to come ; the ingagement which the 
severall officers of the State shall give is this: To the Execution of 
this office, I Judge myself bound before God to walk faithfully and 
this I profess in ye presence of God. 

2. [Minute of officers elected. | 

3. It is ordered and unanimously agreed upon, that the Govern- 
ment which this Bodie Politick doth attend unto in this Island, and 
the Jurisdiction thereof, in favour of our Prince is a democracie, or 
Popular Government ; that is to say. It is in the PoAvre of the Body of 
Freemen orderly assembled, or the major part of them, to make or 
constitute Just Lawes. by which they will be regulated, and to depute 

o Text in Records of tbe Colony of Rhode Island and Providence Plantations 
in New England, (Providence, 1856), Vol. I, pp. 111-115. 



3208 Rhode Island— 1641 

from among themselves such Ministers as shall see them faithfully 
executed between Man and Man. 

4. It was further ordered, by the authority of this present Courte, 
that none bee accounted a Delinquent for Doctrine: Provided, it be 
not directly repugnant to ye Government or Lawes established. 

5. [Bounty on foxes.] 

6. [Regulation in regard to the killing of deer.] 

7. It is ordered from henceforth, that the Quarter Session Courts 
shall always be kept the first, the first Tuesday in March: the second, 
the first Tuesday in June; the third, the first Tuesday in September; 
the last, the first Tuesda}' in December. 

8. It is ordered, that Eight Guns and their furniture with two 
corsletts, now in the hands of Mr. AYillbore, shall be taken off by the 
Treasurie Jointlie, as part of satisfaction for what debts from him 
is now dew thereto: and that the said Amies be equally divided to 
each Towne. 

!>. It is ordered, that the Deputie Governor and Mr. Willbore., and 
Mr. Cogshall, and Mr. Jeremy Clarke, shall be joyned in commis- 
sion with the Two Treasurers that now bee, to examine the Treasurie, 
and to even the accounts, and then to present them so rectified to the 
next Generall Court; and what oneveness there is found to bee, the 
one Treasurer shall make payment to the other Treasurer within 
twentie dayes after the period of their commission: the limits which 
are set for the performance of this, shall be three weeks from the 
date hereof. 

10. It is ordered, that Mr. Porter. Mr. Balston, Mr. Easton, and 
Mr. Jeoffreys shall runn the line between the two Towns within twen- 
tie days after the date hereof, or else shall forfeit a Mark a peece; 
and performing it within the (time or) tearme they shall have a 
Mark a peece for their Labour. 

11. It is ordered, that each Towne shall provide a Towne Book, 
wherein they shall Record the Evidences of the Lands by them im- 
propriated ; and shall also have Powre to give forth a Coppie thereof, 
which shall be a clear evidence for them and theirs, to whom it is so 
granted. 

12. It is ordered, that the Officers of Justices of the Peace is con- 
firmed to the Magistrates. 

13. It is ordered, that no Fiers shall be kindled by any whatsoever 
to runn at Randome, eyther in Meadows or Woods; but what by him 
that so kindled it shall forthwith be put out, that it damnifie none. 
And that if damage shall accrew, satisfaction to the utmost shall 
be awarded. 

14. It is ordered, that a Booke shall be provided, wherein the Sec- 
retary shall write all such Lawes and Acts, as are made and consti- 
tuted by the Body, to be left alway in that Towne where the said 
Secretary is not resident ; and also that copies of such Acts as shall 
be made now or hereafter, at the "Generall Courts concerning neces- 
sary uses and ordinances to be observed, shall be fixed upon some 
public place where all men may see and take notice of them; or that 
coppies tiiereof be given to the Clerks of the Band, who shall read 
them at the head of the Companie. 

15. It is ordered, that a Manual Seale shall be provided for the 
State, and thatt the Signett or Engraving thereof, shall be a sheafe 



Rhode Island— 1643 3209 

of Arrows bound up, and in the Liess or Bond, this motto indented: 
Amor vincet omnia. 

16. It is ordered, that Ingagement shall be taken by the Justices 
of the Peace in their Quarter Sessions of all men or youth above 
fifteen years of age. eyther by the oath of Fidelity, or some other 
strong cognizance. 

17. It is ordered, that a Line be drawen and a way be cleared be- 
tween the Townes of Nuport and Portsmouth, by removing of the 
wood and mowing it; that drift Cattle may sufficiently pass; and for 
the performance thereof, Capt. Morris, of the one Towne, and Mr. 
Jeoffreys of the other, are appointed to draw the Line, and to be 
paid therefor, and the Townes to perform the rest. 

18. It is ordered, that the Traine Bands shall choose among the 
Freemen, one or more such as Ejhall be for their commanders, and 
present them to the Towne. The Major vote of the Towne, by the 
authority of this Court, shall have the negative voise for the Estab- 
lishment of them, and shall order their Power till the next Generall 
Courte. 

1!). It is ordered, that the major part of the Courts, being lawfully 
assembled at the place and houre appointed, shall have full Powre to 
transact the business that shall be Presented: Provided, it be the 
Major part of the Body entire, if it be the Generall Court (present) 
or the Major part of the Magistrates, with the Jury in the inferior 
Courts; and that such acts concluded and issued be of as full au- 
thority as if there were all present. Provided, there be due and 
seasonable notice given of every such Court. 



PATENT FOR PROVIDENCE PLANTATIONS— 1643 * 

Whereas by an Ordinance of the Lords and Commons, now as- 
sembled in Parliament, bearing Date the Second Day of November, 
Anno Domini 1043. Robert Earl of Warwick, is constituted, and 
ordained Governor in Chief, and Lord High Admiral of all those 
Islands and other Plantations inhabited or planted by. or belonging 
to any His Majesty the King of England's subjects, (or which here- 
after may be inhabited and planted by, or belonging to them.) within 
the Bounds, and upon the Coasts of America. And whereas the said 
Lords have thought fit. and thereby ordained, that Philip Earl of 
Pembroke, Edward Earl of Manchester. William Viscount Say and 
Seal, Philip Lord Wharton, John Lord Rolle, Members of the House 
of Peers. Sir Gilbert Gerrard, Baronet. Sir Arthur Haslerig. Baro- 
net, Sir Henry Vane, jun. Knight. Sir Benjamin Rudyard, Knight. 
John Pirn, Oliver Cromwell. Dennis Bond, Miles Corbet, Cornelius 
Holland, Samuel Vassal. John Rolle, and William Spurstowj Esqrs, 
Members of the House of Commons, should be Commissioners, to join 
in Aid and Assistance with the said Earl. And whereas for the better 
Government and Defence, it is thereby ordained, that the aforesaid 
Governor and Commissioners, or the greater Number of them, shall 
have Power and Authority from Time to Time to nominate, appoint, 

* Bartlett's Records of the Colony of Rhode Island and Providence Planta- 
tions. I. 143-146. 



3210 Rhode Island 1648 

and constitute all such subordinate Governors, Counsellors. Com- 
manders, Officers, and Agents, as they shall judge to be best affected, 
and most fit and serviceable for the said Islands and Plantations; and 
to provide for, order and dispose all Things, which they shall, from 
Time to Time, find most advantageous for the said Plantations; and 
for the better Security of the Owners and Inhabitants thereof, to 
assign, ratify, and confirm, so much of their afore-mentioned Author- 
ity and Power, and in such Manner, and to such Persons as they shall 
judge to be lit for the better governing and preserving of the said 
Plantations and Islands, from open Violences and Private Disturb- 
ances and Distinctions. And whereas there is a Tract of Land in the 
Continent of America aforesaid, called by the Name of the Narra- 
ganset-Bay; bordering Northward and Northeast on the Patent of 
the Massachusetts, East and Southeast on Plymouth Patent. South on 
the Ocean, and on the West and Northwest by the Indians called 
Nahigganneucks, alias Narragansets ; the whole Tract extending 
about Twenty-five English Miles unto the Pequot River and Country. 
And whereas divers well affected and industrious English Inhab- 
itants, of the Towns of Providence, Portsmouth, and Newport in the 
tract aforesaid, have adventured to make a nearer neighborhood and 
Society with the great Body of the Narragansets, which may in time 
by the blessing of God upon their Endeavours, lay a sure foundation 
of Happiness to all America. And have also purchased, and are 
purchasing of and amongst the said Natives, some other Places, 
which may be convenient both for Plantations, and also for building 
of Ships Supply of Pipe Staves and other Merchandize. And 
whereas the said English, have represented their Desire to the said 
Earl, and Commissioners, to have their hopeful beginnings approved 
and confirmed, by granting unto them a free ('barter of Civil Incor- 
poration and Government; that they may order and govern their 
Plantation in such a Manner as to maintain Justice ami peace, both 
among themselves, and towards all Men with whom they shall have to 
do. In due Consideration of the said Premises, the said Robert Earl 
of Warwick, Governor in Chief, and Lord High Admiral of the said 
Plantations, and the greater Number of the said Commissioners, 
whose Names and Seals are here under-written and subjoined, out of 
a Desire to encourage the good Beginnings of the said Planters, Do, by 
the Authority of the aforesaid Ordinance of the Lords and Commons, 
give, grant, and confirm, to the aforesaid Inhabitants of the Towns 
of Providence, Portsmouth, and Newport, a free and absolute 
Charter of Incorporation, to be known by the Name of the Incorpora- 
tion of Providence Plantations, in the Narraganset-Bay, in New- 
England. — Together with full Power and Authority to rule them- 
selves, and such others as shall hereafter inhabit within any Part 
of the said Tract of land, by such a Form of Civil Government, as by 
voluntary consent of all, or the greater Part of them, they shall find 
most suitable to their Estate and Condition ; and, for that End. to 
make and ordain such Civil Laws and Constitutions, and to inflict 
such punishments upon Transgressors, and for Execution thereof, 
so to plafle, and displace Officers of Justice, as they, or the greater 
Part of them, shall by free Consent agree unto. Provided neverthe- 
less, that the said Laws, Constitutions, and Punishments, for the Civil 
Government of the said Plantations, be conformable to the Law r s of 



Rhode Island— 1 663 32 1 1 

England, so far as the Nature and Constitution of the place will 
admit. And always reserving to the said Earl, and Commissioners, 
and their successors. Power and Authority for to dispose the gen- 
eral Government of that, as it stands in Relation to the rest of the 
Plantations in America as they shall conceive from Time to Time, 
most conducing to the general Good of the said Plantations, the 
Honour of his Majesty, and the Service of the State. And the said 
Earl and Commissioners, do further authorize, that the aforesaid 
Inhabitants, for the better transacting of their public Affairs to 
make and use a public Seal as the known Seal of Providence-Planta- 
tions, in the Narraganset-Bay. in New-England. In Testimony 
whereof, the said Robert Earl of Warwick, and Commissioners, have 
hereunto set their Hands and Seals, the Fourteenth Day of March, 
in the Nineteenth Year of the Reign of our Sovereign Lord King 
Charles, and in the Year of our Lord God, 1643. 

Robert Warwick, H. Vane, 

Philip Pembroke, Sam Vassal, 

Say and Seal, Johx Rolle. 

P. Wharton, Miles Corbet. 

Arthur Haslerig, W. Spurstow. 

Cor. Holland, 



CHAKTER OF RHODE ISLAND AND PROVIDENCE PLANTATIONS— 

1663 * « 

Charles the Second, by the grace of God, King of England, Scot- 
land. France and Ireland, Defender of the Faith, &c, to all to whome 
these presents shall come, greeting: Whereas ivee have been in- 
formed, by the humble petition of our trustie and well beloved 
subject. John Clarke, on the behalf of Benjamine Arnold, William 
Brenton, William Codington. Nicholas Easton, William Boulston, 
John Porter. John Smith, Samuell Gorton. John Weeks. Roger 
Williams. Thomas Olnie. Gregorie Dexter. John Cogeshall, Joseph 
Clarke, Randall Holden, John Greene, John Roome. Samuell Wild- 
bore, William Ffield, James Barker. Richard Tew, Thomas Harris, 
and William Dyre, and the rest of the purchasers and ffree inhab- 
itants of our island, called Rhode-Island, and the rest of the colonic 
of Providence Plantations, in the Narragansett Bay, in New-England, 
in America, that they, pursueing. with peaceable and lovall mindes, 
their sober, serious and religious intentions, of godlie edifieing them- 
selves, and one another, in the holie Christian ffaith and worshipp as 
they were perswaded : together with the gaineing over and conver- 
sione of the poore ignorant Indian natives, in those partes of America, 

* The Charter in " The Manual with Rules and orders for the use of the Gen- 
eral Assembly of the State of Rhode Island. 1889-'90. Prepared in accordance 
with a Resolution of the General Assembly by Samuel H. Cross, See'y of State. 
1889." pp. 49-64. 

a The commonwealth of England had claimed the right, in 1651, to appoint a 
governor for Rhode Island and Providence Plantations, with a provincial council, 
to be elected by the freeholders and accepted by himself. After the restoration 
an agent was sent to England, who obtained this charter from Charles II. 



3212 Rhode Island— 1663 

to the sincere professione and obedienc of the same ffaith and wor- 
ship, did, not onlie by the consent and good encouragement of our 
royall progenitors, transport themselves out of this kingdome of 
England into America, but alsoe, since their arrivall there, after 
their first settlement amongst other our subjects in those parts, ffor 
the avoideing of discorde, and those manie evills which were likely 
to ensue upon some of those oure subjects not beinge able to beare, in 
these remote parties, theire different apprehensiones in religious con- 
cernements, and in pursueance of the afforesayd ends, did once againe 
leave theire desireable stationes and habitationes, and with excessive 
labour and travell, hazard and charge, did transplant themselves into 
the middest of the Indian natives, who, as wee are infformed, are the 
most potent princes and people of all that country; where, by the 
good Providence of God, from whome the Plantationes have taken 
their name, upon theire labour and industrie, they have not onlie byn 
preserved to admiration, but have increased and prospered, and are 
seized and possessed, by purchase and consent of the said natives, to 
their ffull content, of such lands, islands, rivers, harbours and roades, 
as are verie convenient, both for plantationes and alsoe for buildinge 
of shipps, suplve of pypestaves, and other merchandize; and which 
lyes verie commodious, in manie respects, for commerce, and to ac- 
commodate oure southern plantationes, and may much advance the 
trade of this oure realme, and greatlie enlarge the territories thereof; 
they haveinge, by neare neighbourhoode to and friend! ie societie with 
the greate bodie of the Narragansett Indians, given them encourage- 
ment, of theire owne accorde, to subject themselves, theire people and 
landes, unto us; whereby, as is hoped, there may, in due tynie, by 
the blessing of God upon theire endeavours, bee layd a sure ffounda- 
tion of happinesse to all America: 

And whereas, in theire humble addresse, they have ffreely declared, 
that it is much on their hearts (if they may be permitted), to hold 
forth a livlie experiment, that a most flourishing civill state may stand 
and best bee maintained, and that among our English subjects, with a 
full libertie in religious concernements ; and that true pietye rightly 
grounded upon gospell principles, will give the best and greatest 
security to sovereignetye, and will lay in the hearts of men the strong- 
est obligations to true loyaltye: Now know yee, that wee beinge will- 
inge to encourage the hopefull undertakeinge of oure sayd loyall and 
loveinge subjects, and to secure them in the free exercise and enjoy- 
ment of all theire civill and religious, rights, appertaining to them, as 
our loveing subjects; and to preserve unto them that libertye, in the 
true Christian ffaith and worshipp of God, which they have sought 
with soe much travaill, and with peaceable myndes, and loyall sub- 
jectione to our royall progenitors and ourselves, to enjoye; and 
because some of the people and inhabitants of the same colonie can- 
not, in theire private opinions, conforms to the publique exercise of 
religion, according to the litturgy, formes and ceremonyes of the 
Church of England, or take or subscribe the oaths and articles made 
and established in that behalfe; and for that the same, by reason of 
the remot^distances of those places, w T ill (as w T ee hope) bee noe breach 
of the unitie and unifformitie established in this nation : Have there- 
fore thought ffit, and doe hereby publish, graunt, ordeyne and declare, 



Rhode Island— 1668 3213 

That our recall will and pleasure is, that noe person within the sayd 
colonye, at any tyme hereafter, shall bee any wise molested, punished, 
disquieted, or called in question, for any differences in opinione in 
matters of religion, and doe not actually disturb the civill peace of 
our sayd colony; but that all and everye person and persons may. 
from tyme to tyme, and at all tymes hereafter, freelye and fullye 
have and enjoye his and theire owne judgments and consciences, in 
matters of religious concernments, throughout the tract of lande 
hereafter mentioned : they behaving themselves peaceablie and quiet- 
lie, and not useing this libertie to lycentiousnesse and profanenesse, 
nor to the civill injurye or outward disturbeance of others; any lawe^ 
statute, or clause, therein contayned, or to bee contayned, usage or 
custome of this realme, to the contrary hereof, in any wise, notwith- 
standing. And that they may bee in the better capacity to defend 
themselves, in theire just rights and libertyes against all the enemies 
of the Christian ffaith, and others, in all respects, wee have further 
thought fit, and at the humble petition of the persons aforesayd are 
gratiously pleased to declare, That they shall have and enjoye the 
benefitt of our late act of indempnity and ffree pardon, as the rest of 
our subjects in other our dominions and territoryes have; and to 
create and make them a bodye politique or corporate, with the powers 
and priviledges hereinafter mentioned. 

And accordingely our will and pleasure is, and of our especiall grace, 
certaine knowledge, and meere motion, wee hare ordeyned, consti- 
tuted and declared, and by these presents, for us, our heires and suc- 
cessors, doe ordeyne, constitute and declare, That they, the sayd Wil- 
liam Brenton, William Codington, Nicholas Easton, Benedict Arnold, 
William Boulston, John Porter. Samuell Gorton, John Smith, John 
Weekes, Roger Williams, Thomas Olneye, Gregorie Dexter, John 
Cogeshall. Joseph Clarke, Randall Holden. John Greene, John 
Roome, William Dyre, Samuell Wildbore, Richard Tew, William 

Ffeild, Thomas Harris, James Barker, Rainsborrow, 

Williams, and John Niekson, and all such others as now are, or here- 
after shall bee admitted and made ffree of the company and societie 
of our collonie of Providence Plantations, in the Narragansett Bay, 
in New England, shall bee, from tyme to tyme, and forever hereafter, 
a bodie corporate and politique, in ffact and name, by the name of 
The Governor and Company of the English Colony of Rhode-Island 
(inil Providence Plantations, in New-England, in America; and that, 
by the same name, they and their successors shall and may have per- 
petuall succession, and shall and may bee persons able and capable, 
in the lawe, to sue and bee sued, to pleade and be impleaded, to 
answeare and bee answeared unto, to defend and to be defended, in 
all and singular suites, causes, quarrels, matters, actions and thinges. 
of what kind or nature soever: and alsoe to have, take, possesse, ac- 
quire and purchase lands, tenements or hereditaments, or any goods or 
chattels, and the same to lease, graunt, demise, aliene, bargaine, sell and 
dispose of, at their owne will and pleasure, as other our liege people 
of this our realme of England, or anie corporation or bodie politique 
within the same, may be lawefully doe :■ And further, that they the 
sayd Governor and Company, and theire successors, shall and may, 
forever hereafter, have a common seale, to serve and use for all mat- 



3214 Rhode Island— 1663 

tors, onuses, thinges and affaires, whatsoever, of them and their suc- 
cessors; and the same seale to alter, change, breake, and make new. 
from tyme to tyme, :it their will and pleasure, as they shall thinke llitt. 

And further, wee will and ordeyne. and by these presents, for lis, 
oure heires and successours, doe declare and apoynt that, for I he better 
ordering and managing of the affaires and business of the sayd Com- 
pany, and theire successours, there shall bee one Governour, one 
Deputie-Governour and ten Assistants, to bee from tyme to tyme, 
constituted, elected and chosen, out of the freemen of the sayd Com 
pany, for the tyme beinge, in such manner and fforme as is hereafter 
in these presents expressed; which sayd officers shall aplye themselves 
to take care for the host disposeinge and orderinge of the general] 
businesse and affaires of, and concerneinge the landes and heredita- 
ments hereinafter mentioned, to he graunted, and the plantation 
thereof, and the government of the people there. And for the better 
execution of oure royall pleasure herein, wee doe. for us. oure heires 
and successours, assign, name, constitute and apoynt the aforesayd 
Benedict Arnold to bee the first and present Governor of the sayd 
Company, and the sayd William Brenton, to bee the Deputy-Gov- 
ernor, and the sayd William Boulston, John Porter. Roger Williams, 
Thomas Olnie, John Smith. John Greene, John Cogeshall, flames 
Barker, William Ffeild, and Joseph Clarke, to bee the tenn present 
Assistants of the sayd Companye. to continue in the sayd severall 
offices, respectively, untill the first Wednesday which shall bee in the 
month of May now next comeing. And further, wee will, and by 
these presents, for us, our heires and successessours, doe ordeyne and 
graunt, that the Governor of the sayd Company, for the tyme being, 
or. in his absence, by occasion of sicknesse. or otherwise, by his leave 
and permission, the Deputy-Governor, ffor the tyme being, shall and 
may, ffrom tyme to tyme. upon all occasions, give order ffor the 
assembling' of the sayd Company and callinge them together, to con- 
sult and advise of the businesse and affaires of the sayd Company. 

And that forever hereafter, twice in every year, that is to say, on 
every first Wednesday in the month of May. and on every last Wed- 
nesday in October, or oftener, in case it shall bee requisite, the As- 
sistants, and such of the ffreemen of the Company, not exceedinge six 
persons ffor Newport, ffoure persons ffor each of the respective 
townes of Providence, Portsmouth and Warwicke, and two persons 
for each other place, towne or city, whoe shall bee. from tyme to 
tyme, thereunto elected or deputed by the majour parte of the ffree- 
men of the respective townes or places ffor which they shall bee so 
elected or deputed, shall have a generall meetinge, or Assembly then 
and there to consult, advise and determine, in and about the affaires 
and businesse of the said Company and Plantations. And further, 
w T ee doe, of our especiall grace, certayne knowledge, and meere mo- 
tion, give and graunt unto the sayd Governour and Company of the 
English Colonie of Rhode-Island and Providence Plantations, in 
New-England, in America, and theire successours, that the Governour, 
or, in his absence, or, by his permission, the Deputy-Governour of 
the sayd "Company, for the tyme beinge, the Assistants, and such of 
the ffreemen of the sayd Company as shall bee soe as aforesayd 
elected or deputed, or soe many of them as shall bee present att such 
meetinge or assemblye, as afforesayde, shall bee called the Generall 



Rhode Island — 1668 3215 

Assemblye : and that they, or the greatest parte of them present, 
whereof the ( iovernour or Deputy-Governour. and sixe of the As- 
sistants, at least to bee seven, shall have, and have hereby given and 
graunted unto them, ffnll power authority, ffrom tyme tyme, and at 
all tymes hereafter, to apovnt, alter and change, such (laves, tymes 
and places of meetinge and General] Assemblye, as theye shall thinke 
ffitt ; and to choose, nominate, and apovnt, such and soe manye other 
persons as they shall thinke ffitt, and shall be willing to accept the 
same, to bee ffree of the sayd Company and body politique, and them 
into the same to admitt : and to eleet and constitute such offices and 
officers, and to graunt such needful] commissions, as they shall thinke 
ffitt and requisite, ti'or the ordering, managing and dispatching of 
the affaires of the sayd (iovernour and Company, and their succes- 
sours; and from tyme to tyme. to make, ordeyne, constitute or repeal, 
such lawes, statutes, orders and ordinances, fformes and ceremonies of 
government and magistracye as to them shall seeme meete for the 
good nad wellfare of the sayd Company, and ffor the government and 
ordering of the landes and hereditaments, hereinafter mentioned to be 
graunted. and of the people that doe, or att any tyme hereafter shall, 
inhabitt or bee within the same: soe as such lawes, ordinances and 
constitutions, soe made, bee not contrary and repugnant unto, butt, 
as neare as may bee. agreeable to the lawes of this our realme of 
England, considering the nature and constitutione of the place and 
people there: and alsoe to apovnt. order and direct, erect and settle. 
such places and courts of jurisdiction, ffor the heareinge and deter- 
mininge of all actions, cases, matters and things, happening within 
the sayd collonie and plantatione, and which shall be in dispute, and 
depending there, as they shall thinke Hit : and alsoe to distinguish and 
sett forth the severall names and titles, duties, powers and limitts, of 
each court, office and officer, superior and inferior: and alsoe to con- 
trive and apovnt such formes of oaths and attestations, not repug- 
nant, but. as neare as may bee, agreeable, as aforesayd, to the lawes 
and statutes of this oure realme. as are conveniente and requisite, 
with respect to the due administration of justice, and due execution 
and discharge of all offices and places of trust by the persons that 
shall bee therein concerned : ami alsoe to regulate and order tin 1 wave 
and manner of all elections to offices and places of trust, and to pre- 
scribe, limit t and distinguish the numbers and bounties of all places, 
townes or cityes, within the limitts and bounds herein after men- 
tioned, and not herein particularlie named, who have, and shall have. 
the power of electing and sending of ffreemen to the sayd Generall 
Assembly; and alsoe to order, direct and authorize the imposing of 
lawfull and reasonable ffynes, mulcts, imprisonments, and executing 
other punishments pecuniary and corporal, upon offenders and delin- 
quent-, according to the course of other corporations within this oure 
kingdom of England : and agayne to alter, revoke, annull or pardon, 
under their common scale or otherwyse, such ffynes, mulcts, imprison- 
ments, sentences, judgments and condemnations, as shall bee thought 
ffitt; and to direct, rule, order and dispose of, all other matters and 
things, and particularly that which relates to the makinge of pur- 
chases of the native Indians, as to them shall seeme meete; whereby 
oure sayd people and inhabitants, in the sayd Plantationes, may be 
soe religiously, peaceably and civilly governed, as that, by theire good 



3216 Rhode Island 1668 

life and orderlie conversatione, they may win and invite the native 
Indians of the conntrie to the knowledge and obedience of the otflie 
true God, and Saviour of mankinde; willing, commanding and 
requireing, and by these presents, for us, oure heires and successours. 
ordeyneing and apoynting, that all such lawes, statutes, orders and 
ordinances, instructions, impositions and directiones, as shall bee soe 
made by the Governour, deputye-Governour, Assistants and ffreemen, 
or such number of them as aforesayd, and published in writinge, 
under theire common seale, shall bee carefully and duely observed, 
kept, performed and putt in execution, accordinge to the true intent 
and meaning of the same. 

And these our letters patent, or the duplicate or exemplification 
thereof, shall bee to all and everie such officer, siiperionr or inferiour, 
ffrom tyme to tyme, for the putting of the same orders, lawes. stat- 
utes, ordinances, instructions and directions, in due execution, againsl 
us, oure heires and successours, a sufficient warrant and discharge. 
And further, our will and pleasure is, and wee doe hereby, for us, 
oure heires and successours, establish and ordeyne. that yearelie, once 
in the yeare. forever hereafter, namely, the aforesayd Wednesday in 
May, and at the towne of Newport, or elsewhere, if urgent occasion 
doe require, the Governour, Deputy-Governour ami Assistants of the 
sayd Company, and other officers of the sayd Company, or such of 
them as the ( ienerall Assemblye shall thinke flitt, shall bee. in the sayd 
Generall Court or Assembly to bee held from that daye or tyme. 
newely chosen for the year ensueing, by such greater part of the sayd 
Company, for the tyme beinge, as shall bee then and there present; 
and if itt shall happen that the present Governour, Deputy-Gov- 
ernour and Assistants, by these presents apOynted, or any such as 
shall hereafter be newly chosen into their roomes, or any of them, or 
any other the officers of the sayd Company, shall die or bee removed 
ffrom his or their severall offices or places, before the sayd generall 
day of election, (whom wee doe hereby declare, for any misdemeanour 
or default, to be removeable by the Governour, Assistants and Com- 
pany, or such greater parte of them, in any of the sayd publique 
courts, to bee assembled as aforesayd), that then, and in every such 
case, it shall and may bee lawfull to and ffor the sayd Governour. 
Deputy-Governour, Assistants and Company aforesayde, or such 
greater parte of them, soe to bee assembled as is aforesa3^de, in any 
theire assemblies, to proceede to a new 7 election of one or more of 
their Company, in the roome or place, roomes or places, of such 
officer or officers, soe dyeinge or removed, according- to theire dis- 
cretiones; and immediately upon and after such electione or elec- 
tions made of such Governour, Deputy-Governour or Assistants, or 
any other officer of the sayd Company, in manner and forme afore- 
sayde, the authoritie, office and power, before given to the fformer 
Governour, Deputy-Governour, and other officer and officers, soe 
removed, in whose steade and place new shall be chosen, shall, as to 
him and them, and every of them, respectively, cease and determine: 

Provided, alhvayes, and our will and pleasure is, that as w r ell such 
as are by- these presents apoynted to bee the present Governour, 
Deputy-Governour and Assistants, of the sayd Company, as those 
that shall succeede them, and all other officers to bee apoynted and 
chosen as aforesayde, shall, before the undertakeinge the execution 



Rhode Island— 1663 3217 

of the sayd offices and places respectively, give theire solemn engage- 
ment, by oath, or otherwyse, for the due and faythfull performance 
of theire duties in their severall offices and places, before such person 
or persons as are by these presents hereafter apoynted to take and 
receive the same, that is to say: the sayd Benedict Arnold, whoe is 
hereinbefore nominated and apoynted the present Governour of the 
sayd Company, shall give the aforesayd engagement before William 
Brent on, or any two of the sayd Assistants of the sayd Company; 
unto whome, wee doe by these presentes give ffull power and author- 
ity to require and receive the same; and the sayd William Brenton, 
whoe is hereby before nominated and apoynted the present Deputy- 
Governour of the sayd Company, shall give the aforesayed engage- 
ment before the sayd Benedict Arnold, or any two of the Assistants 
of the sayd Company; unto whome wee doe by these presents give 
ffull power and authority to require and receive the same; and the 
sayd William Boulston, John Porter, Roger Williams, Thomas 
Olneve, John Smith, John Greene, John Cogeshall, James Barker, 
William Ffeild, and Joseph Clarke, whoe are hereinbefore nomi- 
nated apoynted the present Assistants of the sayd Company, shall 
give the sayd engagement to theire offices and places respectively 
belongeing, before the sayd Benedict Arnold and William Brenton, 
or one of them; to whome. respectively wee doe hereby give' Hull 
power and authority to require, administer or receive the same: and 
further, our will and pleasure is. that all and every other future 
Governour or Deputy-Governour. to bee elected and chosen by vertue 
of these presents, shall give the sayd engagement before two or more 
of the sayd Assistants of the sayd Company ffor the tyme beinge; 
unto whome wee doe by these presents give ffull power and authority 
to require, administer or receive the same; and the sayd Assistants, 
and every of them, and all and every other officer or officers to bee 
hereafter elected and chosen by vertue of these presents, from tyme to 
tyme, shall give the like engagements, to their offices and places 
respectively belonging bofere the Governour or Deputy-Governour 
for the tyme being; unto which sayd Governour, or Deputy-Gover- 
nour, wee doe by these presents give full power and authority to 
require, administer or receive the same accordingly. 

And wee doe likewise, for vs. oure heires and successours. give and 
graunt vnto the sayd Governour and Company and theire successours 
by these presents, that, for the more peaceable and orderly govern- 
ment of the sayd Plantations, it shall and may bee lawful! nor the 
Governour. Deputy-Governor. Ar-sistants, and all other officers and 
ministers of the sayd Company, in the administration of justice, and 
exercise of government, in the sayd Plantations, to vse. exercise, and 
putt in execution, such methods, rules, orders and directions, not be- 
ing contrarv or repugnant to the laws and statutes of this oure 
realme, as have byn heretofore given, vsed and accustomed, in such 
cases respectively, to be putt in practice, untill att the next or some 
other Generall Assembly, special provision shall be made and or- 
deyned in the cases aforesayd. And wee doe further, for vs, oure 
heires and successours, give and graunt vnto the sayd Governour and 
Company, and theire successours, by these presents, that itt shall and 
may bee lawfull to and for the sayd Governour, or in his absence, the 
Deputy-Governour, and ma jour parte of the sayd Assistants, for the 



3218 Rhode Island— 1663 

lyme being, att any tyme when the sayd General! Assembly is not sit- 
ting, to nominate, apoynt and constitute, such and soe many com- 
manders, governours, and military officers, as to them shall seeme 
requisite, for the leading, conductinge and trayneing vpp the inhabit- 
ants of the sayd Plantations in martiall affaires, and for the defence 
and safeguard of the sayd Plantations; and that itt shall and may 
bee lawful! to and for all and every such commander, governour and 
military officer, that shall bee soe as aforesayd, or by the Governour, 
or, in his absence, the Deputy-Governour. and six of the sayd Assist- 
ants, and majour parte of the ffreemen of the sayd Company present 
att any Generall Assemblies, nominated, apoynted and constituted 
accordinge to the tenor of his and theire respective commissions and 
directions, to assemble, exercise in arms, martiall array, and putt in 
warlyke posture, the inhabitants of the sayd collonie, ffor theire 
speciall defence and safety; and to lead and conduct the sayd inhab- 
itants, and to encounter, expulse, expell and resist, by force of amies. 
as well by sea as by lande; and alsoe to kill, slay and destroy, by all 
fitting wayes, enterprizes and meanes, whatsoever, all and every such 
person or persons as shall, att any tyme hereafter, attempt or enter- 
prize the destruction, invasion, detriment or annoyance of the sayd 
inhabitants or Plantations; and to vse and exercise the lawe martiall 
in such cases only as occasion shall necessarily require; and to take or 
surprise, by all waves and meanes whatsoever, all and every such per- 
son and persons, with theire shipp or shipps, armor, ammunition or 
other goods of such persons, as shall, in hostile manner, invade or at- 
tempt the defeating of the sayd Plantations, or the hurt of the sayd 
Company and inhabitants; and vpon just causes, to invade and destroy 
the native Indians, or other enemyes of the sayd Collony. Neverthe- 
lesse, our will and pleasure is, and wee doe hereby declare to the rest of 
oure Collonies in Xew England, that itt shall not bee lawefull ffor 
this our sayd Collony of Rhode-Island and Providence Plantations, 
in America, in New-England, to invade the natives inhabiting within 
the boundes and limitts of theire sayd Collonies without the knowl- 
edge and consent of the sayd other Collonies. And itt is hereby 
declared, that itt shall not bee lawfull to or ffor the rest of the Col- 
lonies to invade or molest the native Indians, or any other inhabit- 
ants, inhabiting within the bounds and lymitts hereafter mentioned 
(they having subjected themselves vnto vs, and being by vs taken into 
our speciall protection), without the knowledge and consent of the 
Governour and Company of our Collony of Rhode-Island and Provi- 
dence Plantations. 

Alsoe our will and pleasure is, and wee doe hereby declare unto all 
Christian Kings, Princes and States, that if any person, which shall 
hereafter bee of the sayd Company or Plantations, or any other, by 
apoyntment of the sayd Governour and Company for the tyme 
beinge, shall at any tyme or tymes hereafter, rob or spoyle, by sea 
or land, or do any hurt, unlawfull hostillity to any of the subjects of 
vs, oure heires or successours, or any of the subjects of any Prince 
or State, beinge then in league with vs, oure heires, or successours, 
vpon complaint of such injury done to any such Prince or State, or 
theire subjects, wee, our heires and successours, will make open proc- 
lamation within any parts of oure realme of England, ffitt ffor that 
purpose, that the person or persons committing any such robbery or 



Rhode Island— 1663 3219 

spoyle shall, within the tyme lymitted by such proclamation, make 
full restitution or satisfaction of all such injuries, done or committed, 
soe as the sayd Prince, or others soe complaineinge, may bee fully 
satisfyed and contented ; and if the sayd person or persons whoe shall 
committ any such robbery or spoyle shall not make satysfaction, 
accordingly, within such tyme, soe to bee lymitted, that then wee, 
oure heires and successours", will putt such person or persons out of 
oure allegiance and protection; and that then itt shall and may bee 
lawefull and ffree ffor all Princes or others to prosecute, with hos- 
tillity, such offenders, and every of them, theire and every of theire 
procurers, ayclers, abettors and counsellors, in that behalfe; Pro- 
vided alsoe, and oure expresse will and pleasure is, and wee doc, by 
these presents, ffor vs, our heirs and successours, ordeyne and apoynt, 
that these presents shall not, in any manner, hinder any of oure lov- 
inge subjects, whatsoever, ffrom vseing and exercising the trade of 
ffishing vpon the coast of New-England, in America ; butt that they, 
and every or any of them, shall have ffull and ffree power and liberty 
to continue and vse the trade of ffishing vpon the sayd coast, in any 
of the seas thereunto adjoyninge, or any amies of the seas, or salt 
water, rivers and creeks, where they have been accustomed to ffish ; 
and to build and to sett upon the waste land, belonginge to the sayd 
Collony and Plantations, such wharfes, stages and worke-houses as 
shall be necessary for the salting, drying and keepeing of theire ffish, 
to be taken or gotten upon that coast. And further, for the en- 
couragement of the inhabitants of our sayd Collony of Providence 
Plantations to sett vpon the businesse of takeing whales, itt shall bee 
lawefull ffor them, or any of them, having struck whale, dubertus, 
or other greate ffish, itt or them, to pursue unto any parte of that 
coaste, and into any bay, river, cove, creeke or shoare, belonging 
thereto, and itt or them, vpon sayd coaste, or in the sayd bay. river, 
cove, creeke or shoare, belonging thereto, to kill and order for the 
best advantage, without molestation, they makeing noe wilfull waste 
or spoyle, any thinge in these presents conteyned, or any other mat- 
ter or thing, to the contrary notwithstanding. And further alsoe. 
wee are gratiously pleased, and doe hereby declare, that if any of 
the inhabitants of oure sayd Collony doe sett upon the plantinge of 
vineyards (the soyle and clymate both seemeing naturally to concurr 
to the production of wynes), or bee industrious in the discovery of 
ffishing banks, in or about the sayd Collony, w r ee will, ffrom tyme to 
tyme, give and allow all due and fitting encouragement therein, as 
to others in cases of lyke nature. And further, of oure more ample 
grace, certayne knowledge, and meere motion, wee have given and 
graunted, and by these presents, ffor vs, oure heires and successours, 
doe give and graunt vnto the sayd Governour and Company of the 
English Collony of Rhode-Island and Providence Plantations, in the 
Narragansett Bay, in New-England in America, and to every inhabit- 
ant there, and to every person and persons trading thither, and to 
every such person or persons as are or shall bee ffree of the sayd 
Collony, full power and authority, from tyme to tyme, and att all 
tymes hereafter, to take, shipp, transport and carry away, out of any 
of our realmes and dominions, for and towards the plantation and 
defence of the sayd Collony, such and soe many of oure loveing sub- 
jects and strangers as shall or will willingly accompany them in and 



3220 Rhode Island— 1663 

to their sayd Collony and Plantation; except such person or persons 
as are or shall be therein restrained by vs, oure heires and succes- 
sours, or any law or statute of this realme: and also to shipp and 
transport all and all manner of goods, chattels, merchandizes, and 
other things whatsoever, that are or shall bee vsefull or necessary 
ffor the sayd Plantations, and defence thereof, and vsually trans- 
ported, and nott prohibited by any lawe or statute of this our realme ; 
yielding and paying vnto vs, our heires and successor, rs, such the 
duties, customes and subsidies, as are or ought to bee payd or payable 
for the same. 

And ffurther, our will and pleasure is, and wee doe, ffor us, our 
heires and successours, ordeyn, declare and graunt, vnto the sayd 
Governour and Company, and their successours, that all and every 
the subjects of vs, our heires and successours, which are already 
planted and settled within our sayd Collony of Providence Planta- 
tions, or which shall hereafter goe to inhabit within the sayd Collony, 
and all and every of theire children, which have byn borne there, or 
which shall happen hereafter to bee borne there, or on the sea, goeing 
thither, or retourneing from thence, shall have and enjoye all libertyes 
and immunitves of ffree and naturall subjects within any the domin- 
ions of vs, our heires or successours, to all intents, constructions and 
purposes, whatsoever, as if they, and every of them, were borne within 
the realme of England. And ffurther, know ye, that wee, of our 
more abundant grace, certain knowledge and meere motion, have 
given, graunted and confirmed, and, by these presents, for vs, our 
heires and successours, doe give, graunt and confirme, vnto the sayd 
Governour and Company, and theire successours, all that parte of 
our dominiones in New-England, in America, conteyneing the Na- 
hantick and Nanhyganset Bay, and countrves and partes adjacent, 
bounded on the west, or westerly, to the middle or channel of a river 
there, commonly called and known by the name of Pawcatuck, alias 
Pawcawtuck river, and soe along the sayd river, as the greater or 
middle streame thereof reacheth or lyes vpp into the north countrye, 
northward, unto the head thereoof, and from thence, by a streight 
lyne drawn due north, vntill itt meets with the south lyne of the 
Massachusetts Collonie; and on the north, or northerly, by the afore- 
sayd south or southerly lyne of the Massachusettes Collony or Plan- 
tation, and extending towards the east, or eastwardly, three English 
miles to the east and north-east of the most eastern and north-eastern 
parts of the aforesayd Narragansett Bay, as the sayd bay lyeth or 
cxtendeth itself from the ocean on the south, or southwardly, vnto 
the mouth of the river which runneth towards the towne of Provi- 
dence, and from thence along the eastwardly side or banke of the sayd 
river (higher called by the name of Seacunck river), vp to the ffalls 
called Patuckett ffalls, being the most westwardly lyne of Plymouth 
Collony, and soe from the sayd ffalls, in a streight lyne, clue north, 
untill itt meete with the aforesayd line of the Massachusetts Collony; 
and bounded on the south by the ocean: and, in particular, the lands 
belonging to the townes of Providence, Pawtuxet, Warwicke, Mis- 
quammadSt, alias Pawcatuck, and the rest vpon the maine land in 
the tract aforesayd, together with Rhode-Island, Blocke-Island, and 
all the rest of the islands and banks in the Narragansett Bay, and 
bordering vpon the coast of the tract aforesayd (Ffisher's Island only 



Rhode Island— 1663 3221 

excepted), together with all firme lands, soyles, grounds, havens. 
ports, rivers, waters, ffishings, mines royall, and all other mynes, 
mineralls, precious stones, quarries, woods, wood-grounds, rocks, 
slates, and all and singular other commodities, jurisdictions, royal- 
ties, priviledges, franchises, preheminences and hereditaments, what- 
soever, within the sayd tract, hounds, landes, and islands, aforesayd, 
or to them or any of them belonging, or in any wise appertaining: 
to have and to hold the same, vnto the sayd Governour and Company, 
and their successours, forever, vpon trust, for the vse and benefit t 
of themselves and their associates, ffreemen of the sayd Collony,* 
their heires and assignes, to be holden of vs, our heires and suc- 
cessours, as of the Mannor of East-Greenwich, in our county of Kent, 
in free and comon soccage, and not in capite, nor by knight service: 
yeilding and paying therefor, to vs, our heires and successours, only 
the ffifth part of all the oare of gold and silver which, from tyme 
to tyme, and att all tymes hereafter, shall bee there gotten, had or 
obtained,- in lieu and satisfaction of all services, duties, ffynes, for- 
feitures, made or to be made, claimes and demands, whatsoever, to 
bee to vs, our heires or successours, therefor or thereout rendered, 
made or paid; any graunt, or clause in a late graunt, to the Gover- 
nour and Company of Connecticut Colony, in America, to the con- 
trary thereof in any wise notwithstanding; the aforesayd Pawcatuck 
river haveing byn yielded, after much debate, for the fixed and cer- 
tain boundes betweene these our sayd Colonies, by the agents thereof; 
whoe have alsoe agreed, that the sayd Pawcatuck river shall bee alsoe 
called alias Norrogansett or Narrogansett river; and, to prevent 
future disputes, that otherwise might arise thereby, forever here- 
after shall bee construed, deemed and taken to bee the Narragansett 
rjver in our late graunt to Connecticutt Colony mentioned as the 
easterly bounds of that Colony. And further, our will and pleas- 
ure is, that in all matters of publique controversy which may 
fall out betweene our Colony of Providence Plantations, and the 
rest of our Colonies in New-England, itt shall and may bee law- 
full to and for the Governour and Company of the sayd Colony 
of Providence Plantations to make their appeales therein to vs. 
our heirs and successours. for redresse in such cases, within this 
our realme of England : and that itt shall bee lawfull to and for 
the inhabitants of the sayd Colony of Providence Plantations, with- 
out let or molestation, to passe and repasse with freedome, into and 
thorough the rest of the English Collonies, vpon their lawfull and 
civill occasions, and to converse, and hold commerce and trade, with 
such of the inhabitants of our other English Collonies as shall bee 
willing to admitt them thereunto, they behaveing themselves peace- 
ably among them; any act, clause or sentence, in any of the sayd 
Collonies provided, or that shall bee provided, to the contrary in 
anywise notwithstanding. And lastly, tree doc, for vs, our heires 
and successours. ordeyne and graunt vnto the sayd Governor and 
Company, and their successours, and by these presents, that these 
our letters patent shall be firme. good, enectuall and available in all 
things in the lawe, to all intents, constructions and purposes what- 
soever, according to our true intent and meaning hereinbefore de- 
clared; and shall bee construed, reputed and adjudged in all cases 
most favorably on the behalfe, and for the benefitt and behoofe, of 

7254— vol 6—09 3 



3222 Rhode Island— 1842 

the sayd Governor and Company, and their successours ; although 
express mention of the true yearly value or certainty of the premises, 
or any of them f or of any other gifts or graunts by vs, or by any of 
our progenitors or predecessors, heretofore made to the sayd Gover- 
nor and Company of the English Colony of Rhode-Island and Provi- 
dence Plantations, in the Narragansett Bay, New-England, in Amer- 
ica, in these presents is not made, or any statute, act, ordinance, pro- 
vision, proclamation or restriction, heretofore had, made, enacted, 
ordeyned or provided, or any other matter, cause or thing whatsoever, 
to the contrary thereof in anywise notwithstanding. In Witne's 
whereof, wee have caused these our letters to bee made patent. 
Witnes our Selfe att Westminster, the eighth day of July, in the 
fifteenth yeare of our reigne. 
By the King: 

Howard. 



CONSTITUTION OF EHODE ISLAND— 1842 * 

We, the people of the State of Rhode Island and Providence Plan- 
tations, grateful to Almighty God for the civil and religious liberty 
which He hath so long permitted us to enjoy, and looking to Him 
for a blessing upon our endeavors to secure and to transmit the same 
unimpaired to succeeding generations, do ordain and establish this 
constitution of government. 

Article I 

DECLARATION OF CERTAIN CONSTITUTIONAL RIGHTS AND PRINCIPLES 

In order effectually to secure the religious and political freedom 
established by our venerated ancestors, and to preserve the same for 
our posterity, we do declare that the essential and unquestionable 
rights and principles hereinafter mentioned shall be established, 
maintained and preserved, and shall be of paramount obligation in 
all legislative, judicial and executive proceedings. 

Section 1. In the words of the Father of his Country, we declare, 
that " the basis of our political systems is the right of the people to 
make and alter their constitutions of government : but that the con- 
stitution which at any time exists, till changed by an explicit and 
authentic act of the whole people, is sacredly obligatory upon all." 

Sec 2. All free governments are instituted for the protection, 
safety and happiness of the people. All laws, therefore, should be 
made for the good of the whole ; and the burdens of the state ought 
to be fairly distributed among its citizens. 

Sec. 3. Whereas Almighty God hath created the mind free; and 
all attempts to influence it by temporal punishments or burdens, or 
by civil incapacitations, tend to beget habits of hypocrisy and mean- 
ness; and whereas a principal object of our venerable ancestors, in 
their migration to this country and their settlement of this state, 

* Verified from " The Constitution of the State of Rhode Island and Providence 
Plantations, with the Amendments thereto. Providence, R. I. E. L. Freeman 
& Suns. State Printers. 11)04." pp. 37. 



Rhode Island— 181$ 3223 

was, as they expressed it, to hold forth a lively experiment, that a 
flourishing civil state maj^ stand and be best maintained with full 
liberty in religious concernments; we, therefore, declare that no man 
shall be compelled to frequent or to support any religious worship, 
place, or ministry whatever, except in fulfillment of his own volun- 
tary contract; nor enforced, restrained, molested, or burdened in 
his body or goods; nor disqualified from holding any office; nor 
otherwise suffer on account of his religious belief; and that every 
man shall be free to worship God according to the dictates of his 
own conscience, and to profess and by argument to maintain his 
opinion in matters of religion; and that the same shall in no wise 
diminish, enlarge, or affect his civil capacity. 

Sec. \. Slavery will not be permitted in this state. 

Sec. 5. Every person within this state ought to find a certain 
remedy, by having recourse to the laws, for all injuries or wrongs 
which he may receive in his person, property, or character. He 
ought to obtain right and justice freely and without purchase, com- 
pletely and without denial; promptly and without delay: conform- 
ably to the laws. 

Sec. 6. The right of the people to be secure in their persons, papers 
and possessions, against unreasonable searches and seizures, shall not 
be violated; and no warrant shall issue, but on complaint in writing. 
upon probable cause, supported by oath or affirmation, and describing 
;is nearly as may be, the place to be searched, and the persons or 
things to be seized. 

Sec. 7. Xo person shall be held to answer for a capital or other 
infamous crime, unless on presentment or indictment by a grand jury. 
except in cases of impeachment, or of such offences as are cognizable 
by a justice of the peace; or in cases arising in the land or naval 
forces, or in the militia when in actual service in time of war or 
public danger. Xo person shall, after an acquittal, be tried for the 
same offence. 

Sec. 8. Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel punishments inflicted; and all punishments ought 
to be proportioned to the offence. 

Sec. 9. All persons imprisoned ought to be bailed by sufficient 
surety, unless for offences punishable by death or by imprisonment 
for life, when the proof of guilt is evident or the presumption great. 
The privilege of the writ of habeas corpus shall not be suspended, 
unless when in cases of rebellion or invasion the public safety shall 
require it ; nor ever without the authority of the general assembly. 

Sec. 10. In all criminal prosecutions, the accused shall enjoy the 
right to a speedy and public trial, by an impartial jury; to be 
informed of the nature and cause of the accusation, to be confronted 
with the witnesses against him, to have compulsory process for ob- 
taining them in his favor, to have the assistance of counsel in his 
defence, and shall be at liberty to speak for himself; nor shall he be 
deprived of life, liberty, or property, unless by the judgment of his 
peers, or the law of the land. 

Sec. 11. The person of a debtor, when there is not strong presump- 
tion of fraud, ought not to be continued in prison, after he shall have 
delivered up his property for the benefit of his creditors, in such 
manner as shall be prescribed by law. 



3224 Rhode Island— 18^2 

Sec. 12. No ex post facto law, or law impairing the obligation of 
contracts, shall be passed. 

Sec. 13. No mar in a court of common law shall be compelled to 
give evidence criminating himself. 

Sec. 14. Every man being presumed innocent, until he is pro- 
nounced guilty by the law, no act of severity which is not necessary 
to secure an accused person shall be permitted. 

Sec. 15. The right of trial by jury shall remain inviolate. 

Sec. 16. Private property shall not be taken for public uses, with- 
out just compensation. 

Sec. 17. The people shall continue to enjoy and freely exercise all 
the rights of fishery, and the privileges of the shore, to which they 
have been heretofore entitled under the charter and usages of this 
state. But no new right is intended to be granted, nor any existing 
right impaired, by this declaration. 

Sec. 18. The military shall be held in strict subordination to the 
civil authority. And the law martial shall be used and exercised in 
such cases only as occasion shall necessarily require. 

Sec. 19. No soldier shall be quartered in any house, in time of 
peace, without the consent of the owner; nor, in time of war, but in 
a manner to be prescribed by law. 

Sec. 20. The liberty of the press being essential to the security of 
freedom in a state, any person may publish his sentiments on any 
subject, being responsible for the abuse of that liberty: and in all 
trials for libel, both civil and criminal, the truth, unless published 
from malicious motives, shall be sufficient defence to the person 
charged. 

Sec. 21. The citizens have a right in a peaceable manner to assem- 
ble for their common good, and to apply to those invested with the 
powers of government, for redress of grievances, or for other pur- 
poses, by petition, address, or remonstrance. 

Sec. 22. The right of the people to keep and bear arms shall not 
be infringed. 

Sec. 28. The enumeration of the foregoing rights shall not be con- 
strued to impair or deny others retained by the people. 

Article II 

OF THE QUALIFICATIONS OF ELECTORS 

Section 1. Every male citizen of the United States, of the age of 
twenty-one years, who has had his residence and home in this state 
for one year, and in the town or city in which he may claim a 
right to vote, six months next preceding the time of voting, and who 
is really and truly possessed in his own right of real estate in such 
town or city of the value of one hundred and thirty-four dollars 
over and above all incumbrances, or which shall rent for seven dollars 
per annum over and above any rent reserved or the interest of any 
incumbrances thereon, being an estate in fee-simple, fee-tail, for the 
life of «ny person, or an estate in reversion or remainder, which 
qualifies no other person to vote, the conveyance of which estate, if 
by deed, shall have been recorded at least ninety days, shall there- 
after have a right to vote in the election of all civil officers and on 



Rhode Island- 184$ 3225 

all questions in all legal town or ward meetings so long as he con- 
tinues so qualified. And if any person hereinbefore described shall 
own any such estate within this state out of the town or city 
in which he resides, he shall have a right to vote in the election of 
all general officers and members of the general assembly in the town 
or city in which he shall have had his residence and home for the term 
of six months next preceding the election, upon producing a certificate 
from the clerk of the town or city in which his estate lies, bearing 
date within ten days of the time of his voting, setting forth that 
such person has a sufficient estate therein to qualify him as a 'voter; 
and that the deed, if any, has been recorded ninety days. 

Sec. 2. Every male native citizen of the United States, of the age 
of twenty-one years, who has had his residence and home in this state 
two years, and in the town or city in which he may offer to vote, six 
months next preceding the time of voting, whose name is registered 
pursuant to the act calling the convention to frame this constitu- 
tion, or shall be registered in the office of the clerk of such town or 
city at least seven days before the time he shall offer to vote, and 
before the last day of December in the present year; and who has 
paid or shall pay a tax or taxes assessed upon his estate within 
this state, and within a year of the time of voting, to the amount of 
one dollar, or who shall voluntarily pay, at least seven days before 
the time he shall offer to vote, and before said last day of December, 
to the clerk or treasurer of the town or city where he resides, the 
sum of one dollar, or such sum as with his other taxes shall amount 
to one dollar, for the support of public schools therein, and shall 
make proof of the same, by the certificate of the clerk, treasurer, or 
collector of any town or city where such payment is made: or who, 
being so registered, has been enrolled in any military company in 
this state, and done military service or duty therein, within the 
present year, pursuant to law. and shall (until other proof is required 
by law) prove by the certificate of the officer legally commanding 
the regiment, or chartered, or legally authorized volunteer company 
in which he may have served or done duty, that he has been equipped 
and done duty according to law, or by the certificate of the com- 
missioners upon military claims, that he has performed military 
service, shall have a right to vote in the election of all civil officer-. 
and on all questions in all legally organized town or ward meet- 
ings, until the end of the first year after the adoption of this con- 
stitution, or until the end of the year eighteen hundred and 
forty-three. 

From and after that time, every such citizen who has had the resi- 
dence herein required, and whose name shall be registered in the 
town where he resides, on or before the last day of December, in the 
year next preceding the time of his voting, and who shall show by 
legal proof, that he has for and within the year next preceding 
the time he shall offer to vote, paid a tax or taxes assessed against 
him in any town or city in this state, to the amount of one dollar, 
or that he has been enrolled in a military company in this state, 
been equipped and done duty therein according to law, and at least 
for one day during such year, shall have a right to vote in the elec- 
tion of all civil officers, and on all questions, in all legally organized 
town or Ward meetings: Prorided, that no person shall at any time 



3226 Rhode Island— 1 84$ 

be allowed to vote in the election of the city council of the city of 
Providence, or upon any proposition to impose a tax, or for the 
expenditure of money in any town or city, unless he shall within the 
year next preceding have paid a tax assessed upon his property 
therein, valued at least at one hundred and thirty-four dollars. 

Sec. 3. The assessors of each town or city shall annually assess 
upon every person whose name shall be registered a tax of one dollar, 
or such sum as with his other taxes shall amount to one dollar, which 
registry tax shall be paid into the treasury of such town or city, 
and be applied to the support of public schools therein; but no 
compulsory process shall issue for the collection of any registry tax: 
Provided, that the registry tax of every person who has performed 
military duty according to the provisions of the preceding section 
shall be remitted for the year he shall perform such duty; and the 
registry tax assessed upon any mariner, for any year while he is at 
sea, shall, upon his application, be remitted; and no person shall 
be allowed to vote whose registry tax for either of the two vears 
next preceding the time of voting is not paid or remitted as herein 
provided. 

Sec. 4. No person in the military, naval, marine, or any other serv- 
ice of the United States shall be considered as having the required 
residence by reason of being employed in any garrison, barrack, or 
military or naval station in this state: and no pauper, lunatic, person 
non compos mentis, person under guardianship, or member of the 
Narragansett tribe of Indians, shall be permitted to be registered or 
to vote. Nor shall any person convicted of bribery, or of any crime 
deemed infamous at common law, be permitted to exercise that privi- 
lege, until he be expressly restored thereto by act of the general 
assembly. 

Sec. 5. Persons residing on lands ceded by this state to the United 
States shall not be entitled to exercise the privilege of electors. 

Sec. 6. The general assembly shall have full power to provide for 
a registry of voters, to prescribe the manner of conducting the elec- 
tions, the form of certificates, the nature of the evidence to be 
required in case of a dispute as to the right of any person to vote, 
and generally to enact all laws necessary to carry this article into 
effect, and to prevent abuse, corruption and fraud in voting. 

Article III 

OF THE DISTRIIU TION OF POWERS 

The powers of the government shall be distributed into three 
departments : the legislative, executive, and judicial. 

Article IV 

OF THE LEGISLATIVE POWER 

Section 1. This constitution shall be the supreme law of the state, 
and any law inconsistent therewith shall be void. The general assem- 
bly shall pass all laws necessary to carry this constitution into effect. 

Sec. 2. The legislative power, under this constitution, shall be 
vested in two houses, the one to be called the senate, the other the 



Rhode Island -1842 3227 

house of representatives; and both together the general assembly 
The concurrence of the two houses shall be necessary to the enact- 
ment of laws. The style of their laws shall be, It is enacted by the 
general assembly as follows: 

Sec 3. There shall be two sessions of the general assembly holden 
annually: one at Newport, on the first Tuesday of May, for the pur- 
poses of election and other business; the other on the last Monday 
of October, which last session shall be holden at South Kingstown 
once in two years, and the intermediate years alternately at Bristol 
and East Greenwich ; and an adjournment from the October session 
shall be holden annually at Providence. 

Sec. 4. No member of the general assembly shall take any fee, or 
be of counsel in any case pending before either house of the general 
assembly, under penalty of forfeiting his seat, upon proof thereof 
to the satisfaction of the house of which he is a member. 

Sec. 5. The person of every member of the general assembly shall 
be exempt from arrest, and his estate from attachment in any civil 
action, during the session of the general assembly, and two days 
before the commencement and two days after the termination thereof, 
and all process served contrary hereto shall be void. For any speech 
in debate in either house, no member shall be questioned in any other 
place. 

Sec 6. Each house shall be the judge of the elections and qualifi- 
cations of its members; and a majority shall constitute a quorum to 
do business; but a smaller number may adjourn from day to day, and 
may compel the attendance of absent members in such manner, and 
under such penalties, as may be prescribed by such house or by law. 
The organization of the two houses may be regulated by law, subject 
to the limitations contained in this constitution. 

Sec 7. Each house may determine its rules of proceeding, punish 
contempts, punish its members for disorderly behavior, and. with the 
concurrence of two thirds, expel a member ; but not a second time for 
the same cause. 

Sec 8. Each house shall keep a journal of its proceedings. The 
yeas and nays of the members of either house shall, at the desire of 
one fifth of those present, be entered on the journal. 

Sec 9. Neither house shall, during a session, without the consent 
of the other, adjourn for more than two da} T s, nor to any other place 
than that in which they may be sitting. 

Sec 10. The general assembly shall continue to exercise the powers 
they have heretofore exercised, unless prohibited in this constitution. 

Sec 11. The senators and representatives shall receive the sum of 
one dollar for every day of attendance, and eight cents per mile for 
Traveling expenses in going to and returning from the general assem- 
bly. The general assembly shall regulate the compensation of the 
governor, and all other officers, subject to the limitations contained in 
this constitution. 

Sec 12. All lotteries shall hereafter be prohibited in this state, ex- 
cept those already authorized by the general assembly. 

Sec 13. The general assembly shall have no power, hereafter, with- 
out the express consent of the people, to incur state debts to an 
amount exceeding fifty thousand dollars, except in time of war, or 
in case of insurrection or invasion ; nor shall they in any case, without 
such consent, pledge the faith of the state for the payment of the 



3228 Rhode Island — 18$ 

obligations of others. This section shall not be construed to refer to 
any money that may be deposited with this state by the government 
of the United States. 

Sec. 14. The assent of two thirds of the members elected to each 
house of the general assembly shall be required to every bill appro- 
priating the public money or property for local or private purposes. 

Sec L5. The general assembly shall, from time to time, provide for 
making new valuations of property, for the assessment of taxes, in 
such manner as they may deem best. A new estimate of such prop- 
erty shall be taken before the first direct state tax, after the adoption 
of this constitution, shall he assessed. 

Sec. 16. The general assembly may provide by law for the continu- 
ance in office of any officers of annual election or appointment, until 
other persons are qualified to take their places. 

Sec. 17. Hereafter, when any bill shall be presented to either house 
of the general assembly, to create a corporation for any other than 
for religious, literary, or charitable purposes, or for a military or 
fire company, it shali be continued until another election of members 
of the general assembly shall have taken place, and such public notice 
of the pendency thereof shall be given as may be required by law. 

Sec. 18. It shall be the duty of the two houses, upon the request of 
either, to join in grand committee for the purpose of electing sena- 
tors in congress, at such times and in such manner as may be pre- 
scribed by law for said elections. 

Ajiticlb V 

OE THE HOUSE OE REPRESENTATIVES 

Section 1. The house of representatives shall never exceed seventy- 
two members, and shall be constituted on the basis of population, 
always allowing one representative for a fraction exceeding half the 
ratio; but each town or city shall always be entitled to at least one 
member; and no town or city shall have more than one sixth of the 
whole number of members to which the house is hereby limited. The 
present ratio shall be one representative to every fifteen hundred and 
thirty inhabitants, and the general assembly may, after any new cen- 
sus taken by the authority of the United States or of this state, reap- 
portion the representation by altering the ratio; but no town or city 
shall be divided into districts for the choice of representatives. 

Sec. 2. The house of representatives shall have authority to elect its 
speaker, clerks and other officers. The senior member from the town 
of New 7 port, if any be present, shall preside in the organization of the 
house. 

Article VI 

of the senate 

Section 1. The senate shall consist of the lieutenant-governor and 
of one senator from each town or city in the state. 

Sec. 2. Jhe governor, and in his absence the lieutenant-governor, 
shall preside in the senate and in grand committee. The presiding 
officer of the senate and grand committee shall have a right to vote in 
case of equal division, but not otherwise. 



Rhode Island— 18^2 3229 

Sec 3. If. by reason of death, resignation, absence, or other cause, 
there be no governor or lieutenant-governor present, to preside in the 

senate, the senate shall elect one of their own members to preside dur- 
ing such absence or vacancy; and until such election is made by the 
senate, the secretary of state shall preside. 

Sec. 4. The secretary of state shall, by virtue of his office, be secre- 
tary of the senate, unless otherwise provided by law, and the senate 
may elect such other officers as they may deem necessary. 

Article VII 

OF THE EXECUTIVE POWER 

Section 1. The chief executive power of this state shall be vested in 
a governor, who, together with a lieutenant-governor, shall be annu- 
ally elected by the people. 

Sec 2. The governor shall take care that the laws be faithfully 
executed. 

Sec. 3. He shall be captain-general and commander-in-chief of the 
military and naval forces of this state, except when they shall be 
called into the service of the United State-. 

Sec. 4. lie shall have power to grant reprieves after conviction, in 
all cases except those of impeachment, until the end of the next ses- 
sion of the general assembly. 

Sec. 5. lie may nil vacancies in office not otherwise provided for by 
this constitution or by law. until the same shall be filled by the gen- 
eral assembly, or by the people. 

Sec. 6. In case of disagreement between the two houses of the gen- 
eral assembly, respecting the time or place of adjournment, certified 
to him by either, lie may adjourn them to such time and place as he 
shall think proper: Provided, that the time of adjournment shall not 
be extended beyond the day of the next stated session. 

Sec. 7. He may. on extraordinary occasions, convene the general 
assembly at any town or city in this state, at any time not provided 
for by law; and in case of danger from the prevalence of epidemic or 
contagious disease, in the place in which the general assembly are by 
law to meet, or to which they may have been adjourned, or for other 
urgent reasons, he may by proclamation convene said assembly at any 
other place within this state. 

Sec. 8. All commissions shall be in the name and by authority of 
the State of Rhode Island and Providence Plantations; shall be 
sealed with the state seal, signed by the governor and attested by the 
secretary. 

Sec 9. In case of vacancy in the office of governor, or of his inabil- 
ity to serve, impeachment, or absence from the state, the lieutenant- 
governor shall nil the office of governor, and exercise the powers and 
authority appertaining thereto, until a governor is qualified to act or 
until the office is filled at the next annual election. 

Sec 10. If the offices of governor and lieutenant-governor be both 
vacant, by reason of death, resignation, impeachment, absence, or 
otherwise, the person entitled to preside over the senate for the time 
being shall in like manner fill the office of governor during such 
absence or vacancy, 



3230 Rhode Island !SJ$ 

Sec. 11. The compensation of the governor and lieutenant-gov- 
ernor shall be established by law, and shall not be diminished during 
the term for which they are elected. 

Sec. 12. The duties and powers oi' the secretary, attorney-general, 
and general treasurer, shall be the same under this constitution as are 
now established, or as from time to time may be prescribed by law. 

Akth u: VIII 
OF ELECTIONS 

Section 1. The governor, lieutenant-governor, senators, representa- 
tives, secretary of state, attorney-general and general treasurer, shall 
be elected at the town, city, or ward meetings, to be holden on the 
first Wednesday of April, annually: and shall severally hold their 
offices for one year, from the first Tuesday of May next succeeding, 
and until others are legally chosen, and duly qualified to fill their 
places. If elected or qualified after the said firsi Tuesday of May. 
they shall hold their offices for the remainder of the political year, 
and until their successors are qualified to act. 

Sec. 2. The voting for governor, lieutenant-governor, secretary of 
state, attorney-general, general treasurer and representative i(^ con* 
gress, shall be by ballot; senators and representatives to the general 
assembly, and town or city officers, shall be chosen by ballot, on de- 
mand of any seven persons entitled to vote for the same: and in all 
cases where an election is made by ballot or paper vote, the manner 

of balloting shall be the same as is now required in voting for general 
officers, until otherwise prescribed by law. 

Sec. 3. The names of the persons voted for as governor, lieutenant- 
governor, secretary of state, attorney-general and general treasurer 
shall be placed upon one ticket: and all votes for these officers shall, 
in open town or ward meetings, be sealed up by the moderators and 
town clerks and by the warden and ward clerks, who shall certify the 
same and deliver or send them to the secretary of state; whose duty 
it shall be securely to keep and deliver the same to the grand com- 
mittee, after the organization of the two houses at the annual May 
session; and it shall be the duty of the two houses at said session, 
after their organization, upon the request of either house, to join 
in grand committee, for the purpose of counting and declaring said 
votes, and of electing other officers. 

Sec. 4. The town and ward clerks shall also keep a correct list or 
register of all persons voting for general officers, and shall transmit 
a copy thereof to the general assembly, on or before the first day of 
said May session. 

Sec. 5. The ballots for senators and representatives in the several 
towns shall, in each case, after the polls are declared to be closed, be 
counted by the moderator, who shall announce the result, and the 
clerk shall give certificates to the persons elected. If, in any case, 
there be no election, the polls may be reopened, and the like proceed- 
ings shall ^e had until an election shall take place: Provided, how- 
ever, that an adjournment or adjournments of the election may be 
made to a time not exceeding seven days from the first meeting. 

Sec. 6. In the city of Providence, the polls for senator and repre- 
sentatives shall be kept open during the whole time of voting for the 
day, and the votes in the several wards shall be sealed up at the close 



Rhode Island— 1842 3231 

of the meeting by the wardens and ward clerks in open ward meeting, 
and afterwards delivered to the city clerk. The mayor and alder- 
men shall proceed to count said votes within two days from the day of 
election; and if no election of senator and representatives, or if 
an election of only a portion of the representatives shall have 
taken place, the mayor and aldermen shall order a new election, to 
be held not more than ten days from the day of the first election, and 
so on until the election shall be completed. Certificates of election 
shall be furnished by the city clerk to the persons chosen. 

Sec. 7. If no person shall have a majority of votes for governor, it 
shall be the duty of the grand committee to elect one by ballot from 
the two persons having the highest number of votes for the office, 
except when such a result is produced by rejecting- the entire vote of 
any town, city, or ward, for informality or illegality, in which case 
a new election by the electors throughout the state shall he ordered; 
and in case no person -hall have a majority of votes for lieutenant- 
governor, it shall be the duty of the grand committee to elect one by 
ballot from the two persons' having the highest number of votes for 
the office. 

Sec. 8. In case an election of the secretary <>f state, at loruey-gen- 
eral, or general treasurer, should fail to be made by the elector- at 
the annual election, the vacancy or vacancies shall be filled by the 
general assembly in grand committee, from the two candidates for 
such office having the greatest number of the votes of the electors. 
Or, in case of a vacancy in either of said offices from other causes, 
between the sessions of the general assembly, the governor shall ap- 
point some person to till the same until a successor elected by the 
general assembly is qualified to act : and in such case, and also in all 
other cases of vacancies not otherwise provided for. the general 
assembly may fill the same in any manner they may deem proper. 

Sec. 9. Vacancies from any cause in the senate or house of repre- 
sentatives may be filled by a new election. 

Sec. 1<i. In all elections held by the people under this constitution, 
a majority of all the elector- voting shall be uecessary to the election 
of the persons voted for. 

Article IX 

OF QUALIFICATIONS FOB OFFTCE 

Section 1. No person shall be eligible to any civil office, (except 
the office of school committee.) unless he be a qualified elector for 

SUCh office. 

Sec. 2. Every- person shall be disqualified from holding any office 
to which he may have been elected, if he be convicted of having 
offered, or procured any other person to offer, any bribe to secure his 
election, or the election 'of any other person. 

Sec. 3. All general officers shall take the following engagement 
before they act in their respective offices, to wit: You being 

by the free vote of the electors of this State of Rhode Island and 
Providence Plantations, elected unto the place of do sol- 

emnly swear (or affirm ) to be true and faithful unto this state, and to 
support the constitution of this state and of the United States; that 
you will faithfully and impartially discharge all the duties of your 



3232 Rhode Island 181$ 

a foresaid office to the besl of your abilities, according to law : So help 
you God. Or, this affirmation you make and give upon the peril of 
the penalty of perjury. 

Sec. I. The members of the general assembly, the judges of all the 
courts, and all other officers, both civil and military, shall be hound 
by oath or affirmation to support this constitution, and the constitu- 
tion of the I Inked States. 

Sec. ."». The oath or affirmation shall be administered to the gov- 
ernor, lieutenant-governor, senators and representatives, by the sec- 
retary of state, or, in his absence, by the attorney-general. The 
secretary of state, attorney-general, and general treasurer shall be 
engaged l>y the governor, or by a justice of the supreme court. 

Sec. <>. No person holding any office under the government of the 
United States, or of any other state or country, shall act as a general 
officer, or as a member of the general assembly, unless at the time of 
taking his engagement he shall have resigned his office under such 
government; and if any general officer, senator, representative, or 
judge shall, after his election and engagement, accept any appoint- 
ment under any other government, his office under this shall he imme- 
diately vacated; hut this restriction shall not apply to any person 
appointed to take depositions or acknowledgment of deeds, or other 
legal instruments, by the authority of any other state or country. 

AiriK 1.1: X 

01 THE JUDICIAL POWEB 

SECTION 1. The judicial power of this state shall he vested in one 
suprement court, and in such inferior courts as the general assembly 
may. from time to time, ordain and establish. 

Sec "2. The several courts shall have Mich jurisdiction as may from 
time to time he prescribed by law. Chancery powers may be conferred 
on the supreme court, hut on no other court to any greater extent than 
is now provided by law. 

Sec -">. The judges of the supreme court shall, in all trials, instruct 
the jury in the law. They shall also give their written opinion upon 
any question of law whenever requested by the governor, or by either 
house of the general assembly. 

Sec 4. The judges of the supreme court shall he elected by the two 
houses in grand committee. Each judge shall hold his office until 
his place he declared vacant by a resolution of the general assembly 
to that effect; which resolution shall he voted for by a majority of 
all the members elected to the house in Avhich it may originate, and 
be concurred in by the same majority of the other house. Such reso- 
lution shall not be entertained at any other than the annual session 
for the election of public officers; and in default of the passage 
thereof at said session, the judge shall hold his place as is herein pro- 
vided. But a judge of any court shall be removed from office if. 
upon impeachment, he shall be found guilty of any official misde- 
meanor. • 

Sec. 5. In case of vacancy by death, resignation, removal from the 
state or from office, refusal or inability to serve, of any judge of the 
supreme court, the office may be filled by the grand committee, until 



Rhode Island— 18 J$ 3233 

the next annual election, and the judge then elected shall hold his 
office as before provided. In cases of impeachment or temporary 
absence, or inability, the governor may appoint a person to discharge 
the duties of the office during the vacancy caused thereby. 

Sec. 6. The judges of the supreme court shall receive a compensa- 
tion for their services, which shall not be diminished during their 
continuance in office. 

Sec. 7. The towns of New Shoreham and Jamestown may continue 
to elect their wardens as heretofore. The other towns and the city of 
Providence may elect such number of justices of the peace, resident 
therein, as they may deem proper. The jurisdiction of said justices 
and wardens shall be regulated by law. The justices shall be com- 
missioned by the governor. 

Article XI 

OF [MPEACHMENTS 

Section 1. The house of representatives shall have the sole power 
of impeachment. A vote of two thirds of all the members elected 
shall be required for an impeachment of the governor. Any officer 
impeached -hall thereby be suspended from office until judgment in 
the case shall have been pronounced. 

Sec. '2. All impeachments shall be tried by the senate; and when 
sitting Tor that purpose, they shall be under oath or affirmation. No 
person shall be convicted except by vote of two thirds of the members 
elected. When the governor is impeached, the chief or presiding 
justice of the supreme court, for the time being, shall preside, with a 
casting vote in all preliminary questions. 

Sec. 3. The governor and all other executive and judicial officers 
shall be liable to impeachment : but judgment in such cases shall 
not extend further than to removal from office. The person convicted 
shall, nevertheless, be liable to indictment, trial, and punishment, 
according to law. 

Article XII 

OF EDUCATION 

Section 1. The diffusion of knowledge, as well as of virtue, among 
the people, being essential to the preservation of their rights and 
liberties, it shall be the duty of the general assembly to promote 
public schools, and to adopt all means which they may deem neces- 
sary and propei- to secure to the people the advantages and oppor- 
tunities of education. 

Sec. ± The money which now is or which may hereafter be appro- 
priated by law for the establishment of a permanent fund for the 
support of public schools, shall be securely invested, and remain a 
perpetual fund for that purpose. 

Sec. 3. All donations for the support of public schools, or for 
other purposes of education, which may be received by the general 
assembly, shall be applied according to the term^ prescribed by the 
donors. 

Sec. 4. The general assembly shall make all necessary provisions 
by law for carrying this article into effect. Thev shall not divert 



3234 Rhode Island 181& 

said money or fund from the aforesaid uses, nor borrow, appropriate, 
or use the same, or any pari there of, for any other purpose, under 
any pretense whatsoever. 

Article XIII 

OF AMENDMENTS 

The general assembly may propose amendments to this constitution 

by the votes of a majority of all the members elected to each house. 
Such propositions for amendment shall be published in the news 
papers, and printed copies of them shall be sent by the secretary of 
state, with the names of all the members who shall have voted thereon, 
with the yeas and nays, to all the town and city clerks in the state. 
The said propositions shall be. by said clerks, inserted in the warrant- 
or not ice- by them issued, for warning the next annual town and ward 
meetings in April; and the clerks shall read said propositions to the 
electors when thus assembled, with the names of all the representa- 
tives and senators who shall have voted thereon, with the yeas and 
nays, before the election of senators and representatives shall be had. 
If a majority of al! the members elected to each house, at said annual 
meeting, shall approve any proposition thus made, the same shall be 
published and submitted to the electors in the mode provided in the 
act of approval; and if then approved by three fifths of the electors 
of the state present and voting thereon in town and ward meetings, it 
shall become a part of the constitution of the state. 

Abticle XIV 

OF THE ADOPTION OF Tills CONSTITUTION 

Section 1. This constitution, if adopted, shall go into operation on 
the first Tuesday of May. in the year one thousand eight hundred 
and forty-three. The first election of governor, lieutenant-governor, 
secretary of state, attorney-general and general treasurer, and of 
senators and representatives under said constitution, shall be had on 
the first Wednesday of April next preceding, by the electors qualified 
under said constitution. And the town and ward meetings therefor 
shall be warned and conducted as is now provided by law. All civil 
and military officers now elected, or who shall hereafter be elected, 
by the general assembly, or other competent authority before the said 
first Wednesday of April, shall hold their offices and may exercise 
their powers until the said first Tuesday of May, or until their succes- 
sor< shall be qualified to act. All statutes, public and private, not 
repugnant to this constitution, shall continue in force until they 
expire by their own limitation, or are repealed by the general as- 
sembly. All charters, contracts, judgments, actions and rights of 
action shall be as valid as if this constitution had not been made. 
The present government shall exercise all the powers with which it 
is now clqf»hed, until the said first Tuesday of May, one thousand 
eight hundred and forty-three, and until the government under this 
constitution is duly organized. 

Sec. 2. All debts contracted and engagements entered into, before 
the adoption of this constitution, shall be as valid against the state 
as if this constitution had not been adopted. 



Rhode Island— 184% 3235 

Sec. 3. The supreme court, established by this constitution, shall 
have the same jurisdiction as the supreme judicial court at present 
established, and shall have jurisdiction of all causes which may be 
appealed to, or pending in the same; and shall be held at the same 
times and places, and in each county, as the present supreme judicial 
court, until otherwise prescribed by the general assembly. 

Sec. 4. The towns of New Shoreham and Jamestown shall continue 
to enjoy the exemptions from military duty which they now enjoy, 
until otherwise prescribed by law. 

Done in convention, at East Greenwich, this fifth day of November, 
A. D., one thousand eight hundred and forty-two. 

James Fenner, President. 
Henry Y. Cranston, Vice-Preset. 

Thomas A. Jenckes, 

Walter W. Updike, 

Secretaries. 



ARTICLES OF AMENDMENT 

Article I 

(Adopted November, 1854) 

It shall not be necessary for the town or ward clerks to keep and 
transmit to the general assembly a li>t or register of all persons voting 
for general officers; hut the general assembly shall have power to pass 
such laws on the subject a- they may deem expedient. 

Article II 

The governor, by and with the advice and consent of the senate, 
shall hereafter exclusively exercise the pardoning power, except in 
cases of impeachment, to the same extent as such power is now exer- 
cised by the general assembly. 

Article III 

There shall be one session of the general assembly, holden annually, 
commencing on the last Tuesday in May. at Newport, and an adjourn- 
ment from the same shall be holden annually at Providence. 

Article IV 

(Adopted August, 1864) 

Electors in this state who. in time of war. are absent from the state, 
in the actual military service of the United State-, being otherwise 
qualified, shall have a right to vote in all elections in the state for 
electors of president and vice-president of the United States, repre- 
sentatives in congress, and general officers of the state. The general 
assembly shall have full power to provide by law for carrying this 
article into effect: and until such provision shall be made by law. 
every such absent elector on the day of such elections, may deliver a 



3236 Rhode Island— 1842 

written or printed ballot, with the names of the persons voted for 
thereon, and his christian and surname, and his voting residence in 
the state, written at Length on the back thereof, to the officer com- 
manding the regiment or company to which he belongs; and all such 
ballots, certified by such commanding officer to have been given by the 
elector whose name is written thereon, and returned by such com- 
manding officer to the secretary of state within the time prescribed 
by law for counting- the votes in such elections, shall be received and 
counted with the same effect as if given by such elector in open town, 
ward, or district meeting; and the clerk of each town or city, until 
otherwise provided by law. shall, within five days after any such 
election, transmit to the secretary of state a certified list of the names 
of all such electors on their respective voting lists. 

Article V 

( Adopted April 7. 1886) 

The manufacture and sale of intoxicating Liquors to be used as a 
beverage shall be prohibited. The general assembly shall provide by 
law for carrying this article into effect. 

Article VI 

All soldiers and sailors of foreign birth, citizens of the United 
States, who served in the army or navy of the United States from 
this state in the late civil war, and who were honorably discharged 
from such service, shall have the right to vote on all questions in all 
legalty organized town, district or ward meetings, upon the same 
conditions and under and subject to the same restrictions as native 
born citizens. 

Article VII 

(Adopted April 4. 1888) 

Section 1. Every male citizen of the United States of the age of 
twenty-one years who has had his residence and home .in this state 
for two years, and in the town or city in which he may offer to vote 
six months next preceding the time of his voting, and whose name 
shall be registered in the town or city where he resides on or before 
the last day of December, in the year next preceding the time of his 
voting, shall have a right to vote in the election of all civil officers 
and on all questions in all legally organized town or ward meetings: 
Provided, that no person shall at any time be allowed to vote in 
the election of the city council of any city, or upon any proposition 
to impose a tax, or for the expenditure of money in any town or city, 
unless he shall within the year next preceding have paid a tax assessed 
upon his property therein, valued at least at one hundred and thirty- 
four dollars. 

Sec. 2. The assessors of each town and city shall annually assess 
upon every person, who, if registered, would be qualified to vote, a 
tax of $1, or such sum as with his other taxes shall amount to $1, 
which tax shall be paid into the treasury of such town or city and be 



Rhode Island — 18^2 3237 

applied to the support of the public schools therein: Provided, that 
such tax assessed upon any person who has performed military duty 
shall be remitted for the year he shall perform such duty; and said 
tax asesssed upon any mariner for any year while he is at sea. or upon 
any person who by reason of extreme poverty is unable to pay said 
tax, shall upon application of such mariner or person be remitted. 
The general assembly shall have power to provide by law for the 
collection and remission of said tax. 

Sec. 3. This amendment shall take in the constitution of the state, 
the place of sections 2 and 3 of article II, " Of the qualification of 
electors," which said sections are hereby annulled. 

Article VIII 

(Adopted June 20, 1889) 

Article V of the amendments to the constitution of this state is 
hereby annulled. 

Article IX 
(Adopted November 8, 1892) 

Section 1. Hereafter the general assembly may provide by general 
law for the creation and control of corporations: Provided, however, 
that no corporation shall be created with the power to exercise the 
right of eminent domain, or to acquire franchises in the streets and 
highways of towns and cities, except by special act of the general 
assembly upon a petition for the same, the pendency whereof shall 
be notified as may be required by law. 

Sec. 2. This amendment shall take in the constitution of the state 
the place of section IT of article IV. " Of the legislative power," and 
shall be deemed to be in amendment of said section and article. 

Article X 
(Adopted November 28, 1803) 

Section 1. In all elections held by the people for state, city. town, 
ward, or district officers, the person or candidate receiving the largest 
number of votes cast shall be declared elected. 

Sec. 2. This amendment shall take in the constitution of the state 
the place of section 10 of article VIII, " Of elections." which said sec- 
tion is hereby annulled. 

Article XI 

(Adopted November 6, 1900) 

Section 1. There shall be a session of the general assembly at 
Providence commencing on the first Tuesday of January in each 
year. The senators and representatives shall severally receive the 
sum of five dollars, and the speaker of the house of representatives 
ten dollars, for every day of actual attendance, and eight cents per 
7254— vol 6—09 i 



3238 Rhode Island is.',.! 

mile for traveling expenses in going to and returning from the gen- 
eral assembly: Provided, that no compensation or mileage shall be 
allowed any senator or representative for more than sixty days 
attendance in any calendar year. The general assembly shall regu- 
late the compensation of the governor and of all other officers, subject 
to the limitations contained in the constitution. 

Sec. 2. The governor, lieutenant-governor, secretary of state, attor- 
ney-general, general treasurer, and senators and representatives in the 
general assembly shall be elected at town. ward, and districl meetings 
on the Tuesday next after the first Monday in November annually. 
commencing A. I). L901, and shall severally hold their offices for. one 
year from the first Tuesday of January next succeeding their elec- 
tion, and until their successors are elected and qualified. 

Sec. 3. When the governor elect shall die, remove from the state. 
refuse to serve, become insane, or be otherwise incapacitated, the 
lieutenant-governor elect shall be qualified a> governor at the begin- 
ning of the term for which he was elected. When both the governor 
and lieutenant-governor elect, or either the lieutenant-governor sec- 
retary of state, attorney-general, or general treasurer elect are so 
incapacitated, or when there has been a failure to elect any one or 
more of the officers mentioned in this section, the general assembly 
shall upon its organization meet in grand committee and elect some 
person or persons to till the office or offices, as the case may be. for 
which such incapacity exists or as to which such failure to elect 
occurred. When the general assembly shall elect any of said officers 
because of the failure of any person to receive a plurality of the votes 
cast, the election in each case shall be made from the persons who 
received the same and largest number of votes. 

Sec. 4. If the offices of governor and lieutenant-governor be both 
vacant, by reason of death or otherwise, they shall be filled by the 
general assembly in grand committee, and the acting governor shall, 
if the general assembly is not then in session, call a special session 
thereof for that purpose within twenty days after both of said 
offices become vacant if a stated session is not sooner to occur. 

Sec. 5. In case of a vacancy in the office of secretary of state, 
attorney-general, or general treasurer from any cause, the general 
assembly in grand committee shall elect some person to (ill the same: 
Provided, that if such vacancy occurs when the genera] assembly is 
not in session the governor shall appoint some person to fill such 
vacancy until a successor elected by the general assembly is qualified 
to act. 

Sec. 6. When a senator or representative elect shall die, remove 
from the state, refuse to serve, become insane, or be otherwise inca- 
pacitated, or when at an election for any senator or representative no 
person shall receive a plurality of the votes cast, a new election shall 
be held. A vacancy in the senate or house of representatives shall 
be filled at a new election. The general assembly shall provide by 
general law T for the holding of such elections at such times as to 
insure thajt each town and city shall be fully represented in the gen- 
eral assembly during the whole of every session thereof so far as is 
practicable. Every person elected in accordance with this section 
shall hold his office for the remainder of the term or for the full 
term, as the case may be, of the office which he is elected to fill, and 
until his successor is elected and qualified. 



Rhode Island— 18^2 3239 

Sec. 7. In elections by the general assembly in grand committee 
the person receiving a majority of the votes shall be elected. Every 
person elected by the general assembly to iill a vacancy, or pursuant 
in section 3 of this article, shall hold his office for the remainder of 
the term or for the full term, as the case may be, and until his sue- 
cessor is elected and qualified. 

Sec. 8. A quorum of the grand committee shall consist of a major- 
ity of all the members of the senate and a majority of all the members 
of the house of representatives duly assembled pursuant to an 
invitation from one of said bodies which has been accepted by the 
other, and the acceptance of which has been communicated by message 
to the body in which such invitation originated, and each house shall 
be attended by it- secretaries and clerks. No act or business of any 
kind shall be done in grand committee other than that which is 
distinctly specified in the invitation by virtue of which such grand 
committee is assembled, except to take a recess or to dissolve: Pro- 
vided, that the grand committee may appoint a sub-committee of its 
own members to count any ballots delivered to it and report the 
result of such count. 

Sec. '•'. The governor, lieutenant-governor, secretary of state, at- 
torney-general, general treasurer, and senators and representatives 
in the general assembly in office when this amendment goes into effect 
shall continue to hold their offices, with the powers and duties and 
subject to the limitations prescribed therein for like officers, until 
the first Tuesday in January. A. I). 1902, and until their suc- 
cessors art' elected and qualified. Vacancies in their number from 
any cause shall be filled in the manner which is prescribed by law 
at the time of their occurrence. All officers who by the provisions 
of this amendment are continued in office beyond the stated time for 
which they were elected or appointed shall receive a pro rata com- 
pensation t'<>r their increased term of service, based upon the compen- 
sation provided for in this amendment or by law. 

Sec. 10. The first election of officers named in the next preceding 
section under this amendment shall be held upon the Tuesday next 
after the first Monday in November. A. D. 1901. The town, ward, 
and district meetings therefor shall be warned and conducted, and 
the result thereof determined, authenticated, and declared, in the 
manner at that time prescribed by law. and the persons then elected 
shall hold their offices from the said first Tuesday in January. A. I). 
1902, and thereafter until their successors are elected and qualified. 

Sec. 1 1. The general assembly shall provide by law for the registra- 
tion necessary to qualify persons to vote at -aid first election, which 
registration shall close on the last day of June. A. I). 1901, and after 
the adoption of this amendment no person of whom registration is 
or may be required by law shall be permitted to vote unless his name 
shall have been registered in the town or city where he resides on or 
before the last day of June next preceding the time of his voting. 
For all elections by the people held before said Tuesday next after the 
first Monday in November. A. D. 1901, the qualifications of the elect- 
ors shall be such as were required by the constitution and laws exist- 
ing at the time of the adoption of this amendment. 

Sec. 12. This amendment shall take in the constitution of the state 
the place of sections 1. 2, 3. 4, 5. 6, 7. 8, and 9 of article VIII, " Of 
elections:" and of section 11 of article IV, "Of the legislative 



3240 Rhode Island t8J$ 

power;" and of article III of the amendments to the constitution; 
which said article and sections, and all other provisions of the consti- 
tution inconsistent herewith, are hereby annulled. 

AiiTin.i: X I I 
i Adopted November ::. L903) 

Section 1. The supreme courl shall have final revisory and appel- 
late jurisdiction upon all questions of law and equity. It shall have 
power to issue prerogative writs, and shall also have such other juris- 
diction as may. from time t<> time, be prescribed by law. A majority 
of its judges shall always be necessary to constitute a quorum. The 
inferior courts shall have such jurisdiction as may, from time to time, 
he prescribed by law. 

Sec. 2. The judges of the supreme courl shall give their written 
opinion upon any question of law whenever requested by the governor 
or by either house of the general assembly. 

Sec. 3. Sections 1 and '_! of this amendment shall take, in the consti- 
tution of the slate, the place of sections 2 and 3 of article X. entitled 
" Of the judicial power." which section-, are hereby annulled. 

Sec. I. Section 3 of article XIV of the constitution of the state, 
entitled " Of "the adoption of this constitution," is hereby annulled. 

Sec. 5. The general assembly shall provide by law for carrying this 
amendment into effect, and until such provision shall he made, the 
supreme court, as organized at i he t ime of the adoption of this amend- 
ment, shall continue to have and exercise the same powers and juris- 
dictions which it shall then have under such organization. 



SAMOA 

(See TuTuiLA, page 3675.) 



SOUTH CAROLINA 



For organic acts, relating to the lands now included within South Carolina 
see in other parts of this work: 

Charter to Raleigh, 1584 (p. 53). 
Charter of Virginia, 1606 (Virginia, p. 3783). 
Charter of Virginia, L609 (Virginia, p. 3790). 
Charter of Virginia, 1612 (Virginia, p. 3802). 
Ordinances for Virginia, 1621 (Virginia, p. 3810). 



CONSTITUTION OF SOUTH CAROLINA— 1776 * « 

Whereas the British Parliament, claiming of late years a right to 

bind the North American colonies by law in all cases whatsoever. 
have enacted statutes for raising a revenue in those colonies and dis- 
posing of such revenue as they thoughl proper, without the consent 
and against the will of the colonists. And whereas it appearing to 
them that (they not being represented in Parliament) such claim was 
altogether unconstitutional, and. if admitted, would at once reduce 
them from the rank of freemen to a state of the most abject slavery; 
the said colonies, therefore, severally remonstrated against tin pass- 
ing, and petitioned for the repeal, of those acts, but in vain, and 
whereas the said claim being persisted in. other unconstitutional and 
oppressive statutes have been since enacted by which the powers of 
admiralty courts in the colonies are extended beyond their ancient 
limits, and jurisdiction is <riven to such courts in cases similar to 
those which in Greal Britain are triable by jury; persons are liable 
to be sent to and tried in Great Britain for an offence created and 
made capital by one of those statutes, though committed in the 
colonies; the harbor of Boston was blocked up; people indicted for 
murder in the Massachusetts Bay may. at the will of a o-ovornor. be 
senl for trial to any other colony, or even to Great Britain; the 
chartered constitution of government in that colony is materially 
altered ; the English laws and a free government, to which the inhab- 
itants of Quebec were entitled by the King's royal proclamation, are 
abolished and French laws are restored : the "Roman Catholic religion 
(although before tolerated and freely exercised there) and an abso- 
lute government are established in that province, and its limits 
extended through a vast tract of country so as to border on the free 
Protestant English settlements, with design of using a whole people 

* Verified by — "Constitution" in "The Statutes at Large of South Carolina. 
Edited by Thomas Cooper, M. P. : LL. D. Vol. I. Columbia, S. C. 1836" pp. 
12S-134. 

"This constitution was framed by the "Provincial Congress" of South Caro- 
lina, and adopted March 26, 177*',. It was not submitted to the people for 
ratification. 

3241 



3242 South Carolina 1776 

differing in religious principles from the neighboring colonic-, and 
subject to arbitrary power, as lit instruments to overawe and subdue 
the colonies. And whereas the delegates of all the colonies on this 
continent, from Nova Scotia to Georgia, assembled in a general Con- 
gress at Philadelphia, in the most dutiful manner laid their com- 
plaints at the foot of the throne, and humbly implored their sov- 
ereign that his royal authority and interposition might be used for 
their relief from the grievances occasioned by those statutes, and 
assured His Majesty that harmony between Great Britain and 
America, ardently desired by the latter, would be thereby imme- 
diately restored, and that the colonists confided in the magnanimity 
and justice of the King and Parliament for redress of the many other 
grievances under which they labored. And whereas these complaints 
being wholly disregarded, statutes still more cruel than those above 
mentioned have been enacted, prohibiting the intercourse of the 
colonies with each other, restricting their trade, and depriving many 
thousands of people of the means of subsistence, by restraining -them 
from fishing on the American coast. And whereas large fleets and 
armies having been sent to America in order to enforce the execution 
of those laws, and to compel an absolute and implicit submission to 
the will of a corrupt and despotic administration, and in consequence 
thereof, hostilities having been commenced in the Massachusetts Bay, 
by the troops under command of General Gage, whereby a number of 
peaceable, helpless, and unarmed people were wantonly robbed and 
murdered, and there being just reason to apprehend that like hos- 
tilities would be committed in all the other colonies. The colonists 
were therefore driven to the necessity of taking up arms, to repel 
force by force, and to defend themselves and their properties against 
lawless invasions and depredations. Nevertheless, the delegates of 
the said colonies assembled in another Congress at Philadelphia, 
anxious to procure a reconciliation with (ireat Britain upon just and 
constitutional principles, supplicated 1 1 is Majesty to direct some mode 
by which the united applications of his faithful colonists might be 
improved into a happy and permanent reconciliation, that in the 
mean time measures might be taken for preventing the further 
destruction of their lives, and that such statutes as immediately dis- 
tressed any of the colonists might be repealed. And whereas, instead 
of obtaining that justice, to which the colonists were and are of right 
entitled, the unnatural civil war into which they were thus precipi- 
tated and are involved, hath been prosecuted with unremitted vio- 
lence, and the governors and others bearing the royal commission in 
the colonies having broken the most solemn promises and engage- 
ments, and violated every obligation of honor, justice, and humanity, 
have caused the persons of divers good people to be seized and 
imprisoned, and their properties to be forcibly taken and detained, 
or destroyed, without any crime or forfeiture; excited domestic 
insurrections; proclaimed freedom to servants and slaves, enticed or 
stolen them from, and armed them against their masters; instigated 
and encouraged the Indian nations to Avar against the colonies; dis- 
pensed w*th the law of the land, and substituted the law martial in 
its stead; killed many of the colonists; burned several towns, and 
threatened to burn the rest, and daily endeavor by a conduct which 
has sullied the British arms, and would disgrace even savage nations, 
to effect the ruin and destruction of the colonies; and whereas a 



South Carolina- -1776 .'3243 

statute hath been lately passed, whereby, under pretence that the said 
colonies are in open rebellion, all trade and commerce whatsoever 
with them is prohibited; vessels belonging to their inhabitants trad- 
ing in, to, or from the said colonic-, with the cargoes and effects on 
board such vessels, are made lawful prize, and the masters and crews 
of such vessels are subjected by force to act on board the King's ships 
against their country and dearest friends; and all seizures and deten- 
tion or destruction of the persons and properties of the colonists 
which have at any time been made or committed for withstanding or 
suppressing the said pretended rebellion, and which shall be made in 
pursuance of the said act, or for the service of the public, are justi- 
fied, and persons suing for damages in such cases are, on failing in 
their suits, subjected to payment of very heavy expenses. And 
whereas large reinforcements of troops and ships have been ordered 
and are daily expected in America for carrying on war against each 
of the united colonies by the most vigorous exertions. And whereas 
in consequence of a plan recommended by the governors, and which 
seems to have been concerted between them and their ministerial 
masters to withdraw the usual officers and thereby Loosen the bands 
of government and create anarchy and confusion in the colonic-. 
Lord William Campbell, late governor, on the fifteenth day of Sep- 
tember last, dissolved the general assembly of this colony, and no 
other hath been since called, although by law the sitting and holding 
of general assemblies cannot be intermitted above six months, and 
having used his utmost efforts to destroy the lives, liberties, and 
properties of the good people here, whom by the duty of his station 
he was bound to protect, withdrew himself from the colony and 
caiiied off the great seal and the royal instructions to governors. 
And whereas the judges of courts of law here have refused to exer- 
cise their, respective functions, so that it is become indispensably 
necessary that during the present situation of American affairs, and 
until an accommodation of the unhappy difference- between Great 
Britain and America can be obtained, (an event which, though 
traduced and treated a- rebels, we still earnestly de-ire.) some mode 
should be established by common consent, and for the good of the 
people, the origin and end of all governments, for regulating the 
internal polity of this colony. The congress being vested with powers 
competent for the purpose, and having fully deliberated touching the 
premises, do therefore resolve: 

I. That this congress being a full and free representation of the 
people of this colony, shall henceforth be deemed and called the gen- 
eral assembly of South Carolina, and as such -hall continue until the 
twenty-first day of October next, and no longer. 

II. That the general assembly shall, out of their own body, elect by 
ballot a legislative council, to consist of thirteen member-, (--even of 
whom shall be a quorum.) and to continue for the same time as the 
general assembly. 

III. That the general assembly and the said legislative council shall 
jointly choose by ballot from among themselves, or from the people at 
large, a president and commander-in-chief and a vice-president of the 
colony. 

IV. That a member of the general assembly being chosen and act- 
ing a- president and commander-in-chief, or vice-president, or one of 
the legislative council shall vacate his seat in the general assembly and 



3244 South Cam/nut 1776 

another person shall be elected in his room; and if on<- of the legisla- 
tive council is chosen president and commander-in-chief or vice-presi- 
dent, he shall lose his seat and another person shall be elected in his 
stead. 

V. That there be a privy council, whereof the vice-president of the 
colony shall of course be a member and president of the privy council, 
and that six other members be chosen by ballot, three by the general 
assembly, and three by the legislative council : Provided always, That 
no officer in the army or navy in the service of the continent, or of this 
colony, shall be eligible. And a member of the general assembly^ or 
of the legislative council, being chosen of the privy council, shall not 
thereby lose his seat in the general assembly, or in the Legislative 
council, unless he be elected vice-president of the colony, in which ease 
he shall, and another person shall be chosen in his stead. The privy 
council (of which four to be a quorum) to advise the president and 
commander-in-chief when required, but he shall not be bound to con- 
sult them, unless in cases after mentioned. 

VI. That the qualifications of president and commander-in-chief, 
and vice-president of the colony, and members of the legislative and 
privy council, shall be the same as of members of the general assem- 
bly, and on being elected they shall take an oath of qualification in 
the general assembly. 

VII. That the Legislative authority be vested in the president and 
commander-in-chief, the general assembly and legislative council. 
All money-bills for the support of government shall originate in the 
general assembly, and shall not be altered or amended by the legis- 
lative council, but may be rejected by them. All other bills and ordi- 
nances may take rise in the general assembly or Legislative council, 
and may be altered, amended, or rejected by either. Bills having 
passed the general assembly and legislative council may be assented 
to or rejected by the president and commander-in-chief. Having 
received his assent, they shall have all the force and validity of an act 
of general assembly of this colony. And the general assembly and 
legislative council, respectively, shall enjoy all other privileges which 
have at any time been claimed or exercised by the commons house of 
assembly, but the legislative council shall have no power, of expelling 
their own members. 

VIII. That the general assembly and legislative council may 
adjourn themselves respectively, and the president and commander- 
in-chief shall have no power to adjourn, prorogue, or dissolve them, 
but may, if necessary, call them before the time to which they shall 
stand adjourned. And where a bill has been rejected, it may, on a 
meeting after adjournment of not less than three days of the general 
assembly and legislative council, be brought in again. 

IX. That the general assembly and legislative council shall each 
choose their respective speakers and their own officers without control. 

X. That if a member of the general assembly or of the legislative 
council shall accept any place of emolument or any commission 
except in me militia, he shall vacate his seat, and there shall there- 
upon be a new election, but he shall not be disqualified from serving 
upon being reelected. 

XL That on the last Monday in October next, and the day follow- 
ing, and on the same days of every second year thereafter, members 



South Carolina— 1776 3245 

of the general assembly shall be chosen, to meet on the first Monday in 
December then next, and continue for two years from the said last 
Monday in October. The general assembly to consist of the same 
number of members as this congress does, each parish and district 
having the same representation as at present, viz: the parish of Saint 
Philip and Saint Michael, Charlestown, thirty members; the parish 
of Christ Church, six members ; the parish of Saint John, in Berkely 
County, six members; the parish of Saint Andrew, six members; the 
parish of Saint George Dorchester, six members; the parish of Saint 
James Goose Creek, six members; the parish of Saint Thomas and 
Saint Dennis, six members; the parish of Saint Paul, six members; 
the parish of Saint Bartholemew, six members; the parish of Saint 
Helena, six members; the parish of Saint James Santee, six members; 
the parish of Prince George, Winyaw, six members; the parish of 
Prince Frederick, six members; the parish of Saint John, in Colleton 
County, six members; the parish of Saint Peter, six members; the 
parish of Prince William, six members; the parish of Saint Stephen, 
six members; the district to the eastward of Wateree River, ten mem- 
bers; the district of Ninety-six, ten members; the district of Saxe 
Gotha, six members; the district between Broad and Saluda Rivers, 
in three divisions, viz: the Lower district, four members; the Little 
River district, four members; the Upper or Spartan district, four 
members; the district between Broad and Catawba Rivers, ten mem- 
bers; the district called the New Acquisition, ten members; the par- 
ish of Saint Mathew, six members; the parish of Saint David, six 
members; the district between Savannah River and the North Fork 
of Edisto, six members. And the election of the said members shall 
be conducted as near as may be agreeable to the directions of the elec- 
tion act, and where there are no churches or church wardens in a dis- 
trict or parish, the general assembly, at some convenient time before 
their expiration, shall appoint places of election and persons to 
receive votes and make returns. The qualifications of electors shall 
be the same as required by law, but persons having property, which, 
according to the rate of the last preceding tax, is taxable at the sums 
mentioned in the election act, shall be entitled to vote, though it was 
no actually taxed, having the other qualifications mentioned in that 
act; electors shall take an oath of qualification, if required by the 
returning-officer. The qualification of the elected to be the same as 
mentioned in the election act, and construed to mean clear of debt. 

XII. That if any parish or district neglects or refuses to elect mem- 
bers, or if the members chosen do not meet in general assembly, those 
who do meet shall have the powers of a general assembly; not less 
than forty-nine members shall make a house to do business, but the 
speaker or any seven members may adjourn from day to day, 

XIII. That as soon as may be, after the first meeting of the gen- 
eral assembly, a president and commander-in-chief, a vice-president 
of the colony and privy council, shall be chosen in manner and for 
the time above mentioned, and till such choice be made the former 
president and commander-in-chief and vice-president of the colony 
and privy council shall continue to act as such. 

XIV. That in case of the death of the president and commander- 
in-chief, or his absence from the colony, the vice-president of the 
colony shall succeed to his office, and the privy council shall choose 



3246 &OVth ('ami inn /;. 

mit of their own body a vice-president of the colony, and in case of 
the death of the rice-president of the colony, or his absence from the 
colony, one of the privy council (to be chosen by themselves) shall 
succeed to his office, until a nomination to those offices, respectively, 
by the general assembly and Legislative council Cor the remainder of 
the time for which the officer so dying or being absent was appointed. 

XV. That the delegates of this colony in the Continental Congress 
be chosen by the general assembly and Legislative council jointly by 
ballot in the general assembly. 

XVI. That the vice-presidenl of the colony and the privy council, 
or the vice-president and a majority of the privy council for the time 
being, shall exercise the power- of a court 01 chancery, and there shall 
be an ordinary who shall exercise the powers heretofore exercised by 
that officer in this colony. 

XVI I. That the jurisdiction of the court of admiralty be confined 
to marit ime causes. 

XVI I I. That all suits and process depending in any court of-law 
or equity may. if either party shall he so inclined, he proceeded in 
and continued to a final ending, without being obliged to commence 
de novo. And the judges of the courts of law shall cause jury-lists 
to he made, and juries to he summoned, a- near as may be, according 
to the directions of the acts of the general assembly in such cases 
provided. 

XIX. Thai justices of the peace shall be nominated by the genera] 
assembly and commissioned by the president and commander-in- 
chief, during pleasure. They shall not he entitled to fees except on 
prosecutions for felony, and not acting in the magistracy, they shall 
not he entitled (<> the privileges allowed to them by law. 

XX. That all other judicial officers shall he chosen by ballot, 
jointly by the general assembly and Legislative council, and except 
the judges of the court of chancery, commissioned by the president 
and commander-in-chief, during good behavior, hut shall he removed 
on address of the general assembly and Legislative council. 

XXI. That sheriffs, qualified as by law directed, -hall he chosen in 
like manner by the general assembly and Legislative council, and 
commissioned by the president and commander-in-chief, for two years 
only. 

XXII. That the commissioners of the treasury, the secretary of the 
colony, register of mesne conveyances, attorney-general, and powder- 
receiver, l>e chosen by the general assembly and legislative council, 
jointly by ballot, and commissioned by the president and commander- 
in-chief during good behavior, hut shall be removed on address of 
the general assembly -and legislative council. 

XXIII. That all field-officers in the army, and all captains in the 
navy, shall he, by the general assembly and legislative council, chosen 
jointly by ballot, and commissioned by the president and commander- 
in-chief, and that all other officers in the army or navy shall be com- 
missioned by the president and commander-in-chief. 

XXIV. That in case of vacancy in any of the offices above directed 
to be fillecTby the general assembly and legislative council, the presi- 
dent and commander-in-chief, with the advice and consent of the 
privy council, may appoint others in their stead, until there shall be 
an election by the general assembly and legislative council to fill their 
vacancies respectively. 



South Carolina 1776 3247 

XXV. That the president and commander-in-chief, with the advice 
and consent of the privy council, may appoint during- pleasure, until 
otherwise directed by resolution of the general assembly and legisla- 
tive council, all other necessary officers, except such as are by law 
directed to be otherwise chosen. 

XXYI. That the president and commander-in-chief shall have no 
power to make war or peace, or enter into any final treaty, without 
the consent of the general assembly and legislative council. 

XXVII. That if any parish or district shall neglect to elect a 
member or members on the day of election, or in case any person 
chosen a member of the general assembly shall refuse to qualify and 
take his seat as such, or die or depart the colony, the said general 
assembly shall appoint proper days for electing a member or mem- 
bers of the said general assembly in such cases respectively; and on 
the death of a member of the legislative or privy council, another 
member shall be chosen in his room, in manner above mentioned, for 
the election of members of the legislative and privy council respec- 
tively. 

XXVIII. That the resolutions of the Continental Congress, now 
of force in this colony, shall so continue until altered or revoked by 
them. 

XXIX. That the resolutions of this or any former congress of this 
colony, and all laws now of force here, (and not hereby altered.) 
shall SO continue until altered or repealed by the legislature of this 
colony, unless where they are temporary, in which case they shall 
expire at the times respectively limited for their duration. 

XXX. That the executive authority be vested in the president and 
commander-in-chief, limited and restrained as aforesaid. 

XXXI. That the president and commander-in-chief, the vice- 
president of the colony, and privy council, respectively, shall have the 
same personal privileges as are allowed by act of assembly to the 
governor, lieutenant-governor, and privy council. 

XXXII. That all persons now in office shall hold their commis- 
sions until there shall be a new appointment in manner above directed, 
at which time all commissions not derived from authority of the con- 
gress <d' this colony -hall cease and be void 

XXXIII. That all persons who shall be chosen and appointed to 
any office or to any place of trust, before entering upon the execu- 
tion of office, -hall take the following oath : "I, A. P>. . do swear that 
I will, to the utmost of my power, support, maintain, and defend the 
constitution of South Carolina, as established by Congress on the 
twenty-sixth day of March, one thousand seven hundred and seventy- 
six, until an accommodation of the differences between Great Britain 
and America shall take place, or I shall be released from this oath 
by the legislative authority of the said colony: So help me God." 
And all such persons shall also take an oath of office. 

XXXIV. That the following yearly salaries be allowed to the pub- 
lic officers undermentioned: The president and commander-in-chief, 
nine thousand pounds; the chief justice and the assistant judge-, the 
salaries, respectively, as by act of assembly established; the attorney- 
general, two thousand one hundred pounds, in lieu of all charges 
against the public for fees upon criminal prosecutions; the ordinary. 
one thousand pounds; the three commissioners of the treasury, two 
thousand pounds each; and all other public officers shall have the 



3248 South Carolina— 1778 

same salaries as arc allowed such officers, respectively, by ad of a- 
sembly. 

By order <»t" the congress, March 26, 177<">. 

William Henry Drayton, President. 
Attested: 

Peter Timothy, Secretary. 



CONSTITUTION OF SOUTH CAROLINA— 1778 * " 
An Act for establishing the constitution of the State of Smith Carolina. 

Whereas the constitution or form of government agreed to and 

resolved upon by the freemen of this country, met in congress, the 
twenty-sixth day of March, one thousand seven hundred and seventy- 
six, was temporary only, and suited to the situation of their | > i r 1 > 1 i < - 
affairs nt that period, looking forward to an accommodation with 
Great Britain, an event then desired; and whereas the United Colo- 
nies ol* America have been since constituted independent States, and 
the political connection heretofore subsisting between them and Greal 
Britain entirely dissolved by the declaration of the honorable the 
Continental Congress, dated the fourth day of July, one thousand 
seven hundred and seventy-six, for the many greal and weighty rea- 
sons therein particularly sei forth: It therefore becomes absolutely 
uecessary to frame a constitution suitable to that great event. 

Be it therefore constituted and enacted, by his excellency Rawlins 
Lowndes, esq., president and commander-in-chief in and over the 
State of South Carolina, l>y the honorable the legislative council and 
genera] assembly, and by the authority of the same: 

That the following articles, agreed upon by the freemen of this 
State, now met in general assembly, be deemed and held the consti- 
tution and form of government of the said State, unless altered by 
the legislative authority thereof, which constitution or form of gov- 
ernment shall immediately take place and be in force from the passing 
of this act, excepting such parts as are hereafter mentioned and speci- 
fied. 

I. That the style of this country he hereafter the State of South 
Carolina. 

II. That the legislative authority be vested in a general assembly, 
to consist of two distinct bodies, a senate and house of representatives, 
hut that the legislature of this State, as established by the constitution 
or form of government passed the twenty-sixth of March, one thou- 
sand and seven hundred and seventy-six, shall continue and be in 
full force until the twenty-ninth day of November ensuing. 

* Verified by " A Collection of the Constitutions of the Thirteen United States 
of North America. Published by order of Congress. Philadelphia Printed: 
Glasgow Reprinted, John Bryce, 1783." 

Also from Cooper's Statute' of South Carolina. Vol. I. pp. 137-146. 

o This constitution was framed by the general assembly of South Carolina, by 
which it was passed as an "act" March 19, 1778. although it did not go into 
effect until November. 1778. It was soon afterwards declared by the supreme 
court of South Carolina that both the constitution of 1776 and the constitution 
of 177S were simply acts of the general assembly, which that body could repeal 
or amend at pleasure. 



South Carolina— 1778 3249 

III. That as soon as may be after the first meeting of the senate and 
house of representatives, and at every first meeting of the senate and 
house of representatives thereafter, "to be elected by virtue of this 
constitution, they shall jointly in the house of representatives choose 
by ballot from among themselves or from the people at large a gov- 
ernor and commander-in-chief, a lieutenant-governor, both to con- 
tinue for two years, and a privy council, all of the Protestant religion, 
and till such choice shall be made the former president or governor 
and commander-in-chief, and vice-president or lieutenant-governor, 
as the case may lie. and privy council, shall continue to act as such. 

IV. That a member of the senate or house of representative-, being 
chosen and acting as governor and commander-in-chief or lieutenant- 
governor, shall vacate his seat, and another person shall be elected 
in his room. 

Y. That every person who shall be elected governor and com- 
mander-in-chief of the State, or lieutenant-governor, or a member of 
the privy council, shall be qualified as forthwith: that is to say, the 
governor and lieutenant-governor shall have been residents in this 
State for ten years, and the members of the privy council five years, 
preceding their said election, and shall have in this State a settled 
plantation or freehold in their and each of their own right of the 
value of at least ten thousand pounds currency, clear of debt, and on 
being elected they shall respectively take an oath of qualification in 
the house of representatives. 

VI. That no future governor and commander-in-chief who shall 
serve for two year- shall be eligible to serve in the said office after 
the expiration of the said term until the full end and term of four 
years. 

VII. That no person in this State -hall hold the office of governor 
thereof, or lieutenant-governor, and any other office or commission, 
civil or military, (except in the militia.) either in this or any other 
State, or under the authority of the Continental Congress, at one and 
the same time. 

VIII. That in case of the impeachment of the governor and com- 
mander-in-chief. (>]• his removal from office, death, resignation, or 
absence from the State, the lieutenant-governor shall succeed to his 
office, and the privy council shall choose out of their own body a 
lieutenant-governor of the State. And in case of the impeachment 
of the lieutenant-governor, or hi- removal from office, death, resigna- 
tion, or absence from the State, one of the privy council, to be chosen 
by themselves, -hall succeed to his office until a nomination fo those 
offices respectively, by the senate and house of representatives, for the 
remainder of the time for which the officer so impeached, removed 
from office, dying, resigning, or being absent was appointed. ■ 

IX. That the privy council shall consist of the lieutenant-governor 
for the lime being, and eight other member-, five of whom shall be 
a quorum, to be chosen as before directed; four to serve for two years, 
and foui- for one year, and at the expiration of one year four others 
-hall be chosen in the room of the last four, to serve for two years, 
and all future members of the privy council shall thenceforward be 
elected to -erve two years, whereby there will be a new election every 
year for half the privy council, and a constant rotation established; 
but no member of the privy council who shall serve for two years 



3250 South Carolina— J 778 

shall be eligible to serve therein after the expiration of the said term 
until the full end and term of four years: Provided always. That no 
officer of the army or navy in the service of the continent or this State, 
nor judge of any of the courts of law, shall be eligible, nor shall the 
father, son, or brother to the governor for the time being be elected in 
the privy council during his administration. A member of the senate 
and house of representatives being chosen of the privy council, shall 
not thereby lose his seat in the senate or house of representatives, 
unless he be elected lieutenant-governor, in which case he shall, and 
another person shall be chosen in his stead. The privy council is to 
advise the governor and commander-in-chief when required, but he 
shall not be bound to consult them unless directed by law. If a 
member of the privy council shall die or depart this State during the 
recess of the general assembly, the privy council shall choose another 
to act in his room, until a nomination by the senate and house of rep- 
resentatives shall take place. The clerk of the privy council shall keep 
a regular journal of all their proceedings, in which shall be entered 
the yeas and nays on every question, and the opinion, with the reasons 
at large, of any member who desires it ; which journal shall be laid 
before the legislature when required by either house. 

X. That in case of the absence from the seat of government or sick- 
ness of the governor and lieutenant-governor, any one of the privy 
council may be empowered by the governor, under his hand and seal, 
to act in his room, but such appointment shall not vacate his seat in 
the senate, house of representatives, or privy council. 

XL That the executive authority be vested in the governor and 
commander-in-chief, in manner herein mentioned. 

XII. That each parish and district throughout this State shall on 
the last Monday in November next and the day following, and on the 
same days of every succeeding year thereafter, elect by ballot one 
member of the senate, except the district of Saint Philip and Saint 
Michael's parishes, Charleston, which shall elect two members; and 
except also the district between Broad and Saluda Rivers, in three 
divisions, viz: the Lower district, the Little River district, and the 
Upper or Spartan district, each of which said divisions shall elect 
one member; and except the parishes of Saint Matthew and Orange, 
which shall elect one member ; and also except the parishes of Prince 
George and All Saints, which shall elect one member; and the elec- 
tion of senators for such parishes, respectively, shall, until otherwise 
altered by the legislature, be at the parish of Prince George for the 
said parish and the parish of All Saints, and at the parish of Saint 
Matthew for that parish and the parish of Orange; to meet on the 
first Monday in January then next, at the seat of government, unless 
the casualties of war or contagious disorders should render it unsafe 
to meet there, in which case the governor and commander-in-chief 
for the time being may, by proclamation, with the advice and consent 
of the privy council, appoint a more secure and convenient place of 
meeting; and to continue for two years from the said last Monday in 
November£and that no person shall be eligible to a seat in the said 
senate unless he be of the Protestant religion, and hath attained the 
age of thirty years, and hath been a resident in this State at least five 
years. Not less than thirteen members shall be a quorum to do busi- 
ness, but the president or any three members may adjourn from day 



South Carolina— 1778 3251 

to day. No person who resides in the parish or district for which 
he is elected shall take his seat in the senate, unless he possess a 
settled estate and freehold in his own right in the said parish or dis- 
trict of the value of two thousand pounds currency at least, clear of 
debt; and no non-resident shall be eligible to a seat in the said senate 
unless he is owner of a settled estate and freehold in his own right, 
in the parish or district where he is elected, of the value of seven 
thousand pounds currency at least, also clear of debt. 

XIII. That on the last Monday in November next and the day 
following, and on the same days of every second year thereafter, 
members of the house of representatives shall be chosen, to meet on 
the first Monday in January then next, at the seat of government, 
unless the casualties of war or contagious disorders should render it 
unsafe to meet there, in which case the governor and commander-in- 
chief for the time being may, by proclamation, with the advice and 
consent of the privy council, appoint a more secure and convenient 
place of meeting, and to continue for two years from the said last 
Monday in November. Each parish and district within this State 
shall send members to the general assembly in the following propor- 
tions; that is to say, the parish of Saint Philip and Saint Michael's, 
Charleston, thirty members ; the parish of Christ Church, six mem- 
bers; the parish of Saint John's, in Berkely County, six members; 
the parish of Saint Andrew, six members; the parish of Saint George, 
Dorchester, six members; the parish of Saint James, Goose Creek, 
six members; the parish of Saint Thomas and Saint Dennis, six mem- 
bers; the parish of Saint Paul, six members; the parish of Saint 
Bartholomew, six members; the parish of Saint Helena, six mem- 
bers; the parish of Saint James, Santee, six members; the parish of 
Prince George, TVinyaw, four members; the parish of All Saints, 
two members; the parish of Prince Frederick, six members; the par- 
ish of Saint John, in Colleton County, six members; the parish of 
Saint Peter, six members; the parish of Prince William, six mem- 
bers; the parish of Saint Stephen, six members; the district to the 
eastward of Wateree River, ten members; the district of Ninety-six, 
ten members; the district of Saxe Gotha, six members; the district 
between Broad and Saluda Rivers, in three divisions, viz; the lower 
district, four members; the Little River district, four members; the 
Upper or Spartan district, four members; the district between Broad 
and Catawba Rivers, ten members ; the district called the New Acqui- 
sition, ten members; the parish of Saint Matthew, three members; 
the parish of Orange, three members ; the parish of Saint David, six 
members; the district between the Savannah River and the North 
Fork of Edisto, six members. And the election of the said members 
shall be conducted as near as may be agreeable to the directions of 
the present or any future election act or acts, and where there are no 
churches or church-wardens in a district or parish, the house of rep- 
resentatives, at some convenient time before their expiration, shall 
appoint places of election and persons to receive votes and make 
returns. The qualification of electors shall be that every free white 
man, and no other person, who acknowledges the being of a God, and 
believes in a future state of rewards and punishments, and who has 
attained to the age of one and twenty years, and hath been a resident 
and an inhabitant in this State for the space of one whole year before 



3252 South Carolina— / 778 

the day appointed for the election he offers to give his vote at, and 
hath a freehold at least of fifty acres of land, or a town lot, and hath 
been legally seized and possessed of the same at least six months pre- 
vious to such election, or hath paid a tax the preceding year, or was 
taxable the present year, at least six months previous to the said elec- 
tion, in a sum equal to the tax on fifty acres of land, to the support 
of this government, shall be deemed a person qualified to vote for, 
and shall be capable of electing, a representative or representatives 
to serve as a member or members in the senate and house of represen- 
tatives, for the parish or district where he actually is a resident, or 
in any other parish or district in this State where he hath the like 
freehold. Electors shall take an oath or affirmation of qualification, 
if required by the returning officer. No person shall be eligible to 
sit in the house of representatives unless he be of the Protestant reli- 
gion, and hath been a resident fa this State for three years previous 
to his election. The qualification of the elected, if residents in the 
parish or district for which they shall be returned, shall be the same 
as mentioned in the election act, and construed to mean clear of debt. 
But no non-resident shall be eligible to a seat in the house of represen- 
tatives unless he is owner of a settled estate and freehold in his own 
right of the value of three thousand and five hundred pounds cur- 
rency at least, clear of debt, in the parish or district for which he is 
elected. 

XIV. That if any parish or district neglects or refuses to elect 
members, or if the members chosen do not meet in general assembly, 
those who do meet shall have the powers of the general assembly. 
Not less than sixty-nine members shall make a house of representa- 
tives to do business, but the speaker or any seven members may ad- 
journ from day to day. 

XV. That at the expiration of seven years after the passing of this 
constitution, and at the end of every fourteen years thereafter, the 
representation of the whole State shall be proportioned in the most 
equal and just manner according to the particular and comparative 
strength and taxable property of the different parts of the same, 
regard being always had to the number of white inhabitants and 
such taxable property. 

XVI. That all money bills for the support of government shall 
originate in the house of representatives, and shall not be altered or 
amended by the senate, but may be rejected by them, and that no 
money be drawn out of the public treasury but by the legislative 
authority of the State. All other bills and ordinances may take rise 
in the senate or house of representatives, and be altered, amended, or 
rejected by either. Acts and ordinances having passed the general 
assembly shall have the great seal affixed to them by a joint committee 
of both houses, who shall wait upon the governor to receive and 
return the seal, and shall then be signed by the president of the senate 
and speaker of the house of representatives, in the senate-house, and 
shall thenceforth have all the force and validity of a law, and be 
lodged in*the secretary's office. And the senate and house of repre- 
sentatives, respectively, shall enjoy all other privileges which have at 
any time been claimed or exercised by the commons house of assembly. 

XVII. That neither the senate nor house of representatives shall 
have power to adjourn themselves for any longer time than three days. 



South Carolina— 1778 3253 

without the mutual consent of both. The governor and commander- 
in-chief shall have no power to adjourn, prorogue, or dissolve them. 
but may, if necessary, by and with the advice and consent of the 

privy council, convene them before the time to which they shall stand 
adjourned. And where a bill hath been rejected by either house, it 
shall not be brought in again that session, without leave of the house, 
and a notice of six days being previously given. 

XVIII. That the senate and house of representatives shall each 
choose their respective officers by ballot, without control, and that 
during a recess the president of the senate and speaker of the house 
of representatives shall issue writs for rilling up vacancies occasioned 
by death in their respective houses, giving at least three weeks and 
not more than thirty-live day-' previous notice of the time appointed 
for the election. 

XIX. That if any parish or district shall neglect to elect a member 
or members on the day of election, or in case any person chosen a 
member of either house shall refuse to qualify and take his seat as 
such, or die, or depart the State, the senate or house of representa- 
tives, as the case may be, shall appoint proper days for electing a 
member or members in such cases respectively. 

XX. That if any member of the senate or house of representatives 
shall accept any place of emolument, or any commission, (except in 
the militia or commission of the peace, and except as is excepted in 
the tenth article.) he shall vacate his seat, and there shall thereupon 
be a new election; but he shall not be disqualified from serving upon 
being reelected, unless he is appointed secretary of the State, a com- 
missioner of the treasury, an officer of the customs, register of mesne 
conveyances, a clerk of either of the courts of justice, sheriff, powder- 
reviewer, clerk of the senate, house of representatives, or privy 
council, surveyor-general, or commissary of military stores, which 
officers are hereby declared disqualified from being members either of 
the senate or house of representatives. 

XXI. And whereas the ministers of the gospel are by their pro- 
fession dedicated to the service of God and the cure of souls, and 
ought not to be diverted from the great duties of their function, 
therefore no minister of the gospel or public preacher of any religious 
persuasion, Avhile he continues in the exercise of his pastoral function, 
and for two years after, shall be eligible either as governor, lieuten- 
ant-governor, a member of the senate, house of representatives, or 
privy council in this State. 

XXII. That the delegate- to represent this State in the Congress 
of the United States be chosen annually by the senate and house of 
representatives jointly, by ballot, in the house of representatives, and 
nothing contained in this constitution shall be construed to extend to 
vacate the seat of any member who is or may be a delegate from this 
State to Congress as such. 

XXIII. That the form of impeaching all officers of the State for 
mal and corrupt conduct in their respective offices, not amenable to 
any other jurisdiction, be vested in the house of representatives. But 
that it shall always be necessary that two-third parts of the members 
present do consent to and agree in such impeachment. That the 
senators and such of the judges of this State as are not members of 
the house of representatives, be a court for the trial of impeachments, 

7254— VOL 6— 09 o 



3254 South Carolina— 1778 

under such regulations as the legislature shall establish, and that 
previous to the trial of every impeachment, the members of the said 
court shall respectively be sworn truly and impartially to try and 
determine the charge in question according to evidence, and no judg- 
ment of the said court, except judgment of acquittal, shall be valid, 
unless it shall be assented to by two-third parts of the members then 
present, and on every trial, as well on impeachments as others, the 
party accused shall be allowed counsel. 

XXIV. That the lieutenant-governor of the State and a majority 
of the privy council for the time being shall, until otherwise altered 
by the legislature, exercise the powers of a court of chancery, and 
there shall be ordinaries appointed in the several districts of this 
State, to be chosen by the senate and house of representatives jointly 
by ballot, in the house of representatives, who shall, within their re- 
spective districts, exercise the powers heretofore exercised by the 
ordinary, and until such appointment is made the present ordinary 
in Charleston shall continue to exercise that office as heretofore. 

XXV. That the jurisdiction of the court of admiralty be confined 
to maritime causes. 

XXVI. That justices of the peace shall be nominated by the senate 
and house of representatives jointly, and commissioned by the gov- 
ernor and commander-in-chief during pleasure. They shall be en- 
titled to receive the fees heretofore established by law ; and not acting 
in the magistracy, they shall not be entitled to the privileges allowed 
them by law. 

XXVII. That all other judicial officers shall be chosen by ballot, 
jointly by the senate and house of representatives, and, except the 
judges of the court of chancery, commissioned by the governor and 
commander-in-chief during good behavior, but shall be removed on 
address of the senate and house of representatives. 

XXVIII. That the sheriffs, qualified as by law directed, shall be 
chosen in like manner by the senate and house of representatives, 
when the governor, lieutenant-governor, and privy council are chosen, 
and commissioned by the governor and commander-in-chief, for two 
years, and shall give security as required by law, before they enter 
on the execution of their office. No sheriff who shall have served for 
two years shall be eligible to serve in the said office after the expira- 
tion of the said term, until the full end and term of four years, but 
shall continue in office until such choice be made; nor shall any per- 
son be eligible as sheriff in any district unless he shall have resided 
therein for two years previous to the election. 

XXIX. That two commissioners of the treasury, the secretary of 
the State; the register of mesne conveyances in each district, attorney- 
general, surveyor-general, powder-receiver, collectors and comptrol- 
lers of the customs and waiters, be chosen in like manner by the 
senate and house of representatives jointly, by ballot, in the house 
of representatives, and commissioned by the governor and com- 
mander-in-chief, for two years; that none of the said officers, re- 
spective}^, who shall have served for four years, shall be eligible to 
serve in the said offices after the expiration of the said term, until 
the full end and term of four years, but shall continue in office until 
a new choice be made: Provided, That nothing herein contained shall 
extend to the several persons appointed to the above offices respec- 
tively, under the late constitution ; and that the present and all future 



South Carolina— 1778 3255 

commissioners of the treasury, and powder-receivers, shall each give 
bond with approved security agreeable to law. 

XXX. That all the officers in the army and navy of this State, of 
and above the rank of captain, shall be chosen by the senate and house 
of representatives jointly, by ballot in the house of representatives, 
and commissioned' by the governor and commander-in-chief, and that 
all other officers in the army and navy of this State shall be commis- 
sioned by the governor and commander-in-chief. 

XXXI. That in case of vacancy in any of the offices above directed 
to be filled by the senate and house of representatives, the governor 
and commander-in-chief, with the advice and consent of the privy 
council, may appoint others in their stead, until there shall be an 
election b}^ the senate and house of representatives to fill those 
vacancies respectively. 

XXXII. That the governor and commander-in-chief, with the 
advice and consent of the privy council, may appoint during pleasure, 
until otherwise directed by law. all other necessary officers, except 
such as are now by law directed to be otherwise chosen. 

XXXIII. That the governor and commander-in-chief shall have 
no power to commence war, or conclude peace, or enter into any final 
treaty without the consent of the senate and house of representatives. 

XXXIV. That the resolutions of the late congress of this State, 
and all laws now of force here, (and not hereby altered.) shall so 
continue until altered or repealed by the legislature of this State, 
unless where they are temporary, in which case they shall expire at 
the times respectively limited for their duration. 

XXXV. That the governor and commander-in-chief for the time 
being, by and with the advice and consent of the privy council, 
may lay embargoes or prohibit the exportation of any commodity, 
for any. time not exceeding thirty days, in the recess of the general 
assembly. 

XXXVI. That all persons who shall be chosen and appointed to 
any office or to any place of trust, civil or military, before entering 
upon the execution of office, shall take the following oath : " I, A. B., 
do acknowledge the State of South Carolina to be a free, sovereign, 
and independent State, and that the people thereof owe no allegiance 
or obedience to George the Third, King of Great Britain, and I do 
renounce, refuse, and abjure any allegiance or obedience to him. 
And I do swear [or affirm, as the case may be] that I will, to the 
utmost of my power, support, maintain, and defend the said State 
against the said King George the Third, and his heirs and suc- 
cessors, and his or their abettors, assistants, and adherents, and will 

serve the said State, in the office of , with fidelity and honor, 

and according to the best of my skill and understanding: So help 
me God." 

XXXVII. That adequate yearly salaries be allowed to the public 
officers of this State, and be fixed by law. 

XXXVIII. That all persons and religious societies who acknowl- 
edge that there is one God, and a future state of rewards and punish- 
ments, and that God is publicly to be worshipped, shall be freely 
tolerated. The Christian Protestant religion shall be deemed, and 
is hereby constituted and declared to be, the established religion of 
this State. That all denominations of Christian Protestants in this 
State, demeaning themselves peaceably and faithfully, shall enjoy 



3256 South Carolina— 1778 

equal religious and civil privileges. To accomplish this desirable 
purpose without injury to the religious property of those societies 
of Christians which are by law already incorporated for the purpose 
of religious worship, and to put it fully into the power of every 
other society of Christian Protestants, either already formed or here- 
after to be formed, to obtain the like incorporation, it is hereby con- 
stituted, appointed, and declared that the respective societies of the 
Church of England that are already formed in this State for the pur- 
pose of religious worship shall still continue incorporate and hold 
the religious property now in their possession. And that whenever 
fifteen or more male persons, not under twenty-one years of age, pro- 
fessing the Christian Protestant religion, and agreeing to unite them- 
selves in a society for the purposes of religious worship, they shall, (on 
complying with the terms hereinafter mentioned,) be, and be consti- 
tuted a church, and be esteemed and regarded in law as of the estab- 
lished religion of the State, and on a petition to the legislature shall 
be entitled to be incorporated and to enjoy equal privileges. That every 
society of Christians so formed shall give themselves a name or 
denomination by which they shall be called and known in law, and 
all that associate with them for the purposes of worship shall be 
esteemed as belonging to the society so called. But that previous to 
the establishment and incorporation of the respective societies of 
every denomination as" aforesaid, and in order to entitle them thereto, 
each society so petitioning shall have agreed to and subscribed in 
a book the following five articles, without which no agreement or 
union of men upon pretence of religion shall entitle them to be incor- 
porated and esteemed as a church of the established religion of this 
State : 

1st. That there is one eternal God, and a future state of rewards 
and punishments. 

2d. That God is publicly to be worshipped. 

3d. That the Christian religion is the true religion. 

4th. That the holy scriptures of the Old and New Testaments are 
of divine inspiration, and are the rule of faith and practice. 

5th. That it is lawful and the duty of every man being thereunto 
called by those that govern, to bear witness to the truth. 

And that every inhabitant of this State, when called to make an 
appeal to God as a witness to truth, shall be permitted to do it in 
that way which is most agreeable to the dictates of his own con- 
science. And that the people of this State may forever enjoy the 
right of electing their own pastors or clergy, and at the same time 
that the State may have sufficient security for the due discharge of 
the pastoral office, by those who shall be admitted to be clergymen, 
no person shall officiate as minister of any established church who 
shall not have been chosen by a majority of the society to which he 
shall minister, or by persons appointed by the said majority, to choose 
and procure a minister for them; nor until the minister so chosen 
and appointed shall have made and subscribed to the following 
declaration, over and above the aforesaid five articles, viz: "That 
he is determined by God's grace out of the holy scriptures, to instruct 
the people committed to his charge, and to teach nothing as required 
of necessity to eternal salvation but that which he shall be persuaded 
may be concluded and proved from the scripture; that he will use 



South Carolina— 1778 3257 

both public and private admonitions, as well to the sick as to the 
whole within his cure, as need shall require and occasion shall be 
given, and that he will be diligent in prayers, and in reading of the 
same; that he will be diligent to frame and fashion his own self 
and his family according to the doctrine of Christ, and to make 
both himself and them, as much as in him lieth, wholesome exam- 
ples and patterns to the flock of Christ; that he will maintain and 
set forwards, as much as he can, quietness, peace, and love among all 
people, and especially among those that are or shall be committed to 
his charge. No person shall disturb or molest any religious assembly; 
nor shall use any reproachful, reviling, or abusive language against 
any church, that being the certain way of disturbing the pence, 
and of hindering the conversion of any to the truth, by engaging 
them in quarrels and animosities, to the hatred of the professors, and 
that profession which otherwise they might be brought to assent 
to. No person whatsoever shall speak anything in their religious 
assembly irreverently or seditiously of the government of this State. 
No person shall, by law, be obliged to pay towards the maintenance 
and support of a religious worship that he does not freely join in, or 
has not voluntarily engaged to support. But the churches, chapels, 
parsonages, glebes, and all other property now belonging to any 
societies of the Church of England, or any other religious socie- 
ties, shall remain and be secured to them forever. The poor shall 
be supported, and elections managed in the accustomed manner, 
until laws shall be provided to adjust those matters in the most 
equitable way. 

XXXIX. That the whole State shall, as soon as proper law's can 
be passed for these purposes, be divided into districts and counties, 
and county courts established. 

XL. That the penal laws, as heretofore used, shall be reformed, 
and punishments made in some cases less sanguinary, and in general 
more proportionate to the crime. 

XLL That no freeman of this State be taken or imprisoned, or dis- 
seized of his freehold, liberties, or privileges, or outlawed, 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. 

XLII. That the military be subordinate to the civil power of the 
State. 

XLIII. That the liberty of the press be inviolably preserved. 

XLIV. That no part of this constitution shall be altered without 
notice being previously given of ninety days, nor shall any part 
of the same be changed without the consent of a majority of the 
members of the senate and house of representatives. 

XLV. That the senate and house of representatives shall not pro- 
ceed to the election of a governor or lieutenant-governor, until there 
be a majority of both houses present. 

In the council-chamber, the 19th day of March, 1778. 

Assented to. 

Rawlins Lowndes. 
Hugh Rutlege, 
Speaker of the Legislative Council. 
Thomas Bee, 
Speaker of the General Assembly. 



3258 South Carolina— 1790 



CONSTITUTION OF SOUTH CAROLINA— 1790 * a 

We, the delegates of the people of the State of South Carolina, in 
general convention met, do ordain and establish this constitution for 
its government. 

Article I 

Section 1. The legislative authority of this State shall be vested 
in a general assembly, which shall consist of a senate and house of 
representatives. 

Sec. 2. The house of representatives shall be composed of members 
chosen by ballot every second year, by the citizens of this State, quali- 
fied as in this constitution provided. 

Sec. 3. The several election districts in this State shall elect the 
following number for Eepresentatives, viz : 

Charleston, (including Saint Philip and Saint Michael.) fifteen 
members ; Christ Church, three members ; Saint John, Berkley, three 
members; Saint Andrew, three members; Saint George, Dorchester, 
three members; Saint James, Goose Creek, three members; Saint 
Thomas and Saint Dennis, three members; Saint Paul, three mem- 
bers; Saint Bartholomew, three members; Saint James, Santee, 
three members ; Saint John, Colleton, three members ; Saint Stephen, 
three members; Saint Helena, three members; Saint Luke, three 
members; Prince William, three members; Saint Peter, three mem- 
bers; All Saints, (including its ancient boundaries,) one member; 
Winyaw, (not including any part of All Saints,) three members; 
Kingston, (not including any part of All Saints,) two members; 
Williamsburgh, two members; Liberty, two members; Marlborough, 
two members; Chesterfield, two members; Darlington, two mem- 
bers; York, three members; Chester, two members; Fairfield, two 
members; Richland, two members; Lancaster, two members; Ker- 
shaw, two members ; Claremont, two members ; Clarendon, two mem- 
bers ; Abbeville, three members ; Edgefield, three members ; Newbury, 
(including the fork between Broad and Saluda Rivers,) three mem- 
bers; Laurens, three members; Union, two members; Spartan, two 
members; Greenville, two members; Pendleton, three members; Saint 
Matthew, two members; Orange, two members; Winton, (including 
the district between Savannah River and the North Fork of Edisto,) 
three members; Saxe Gotha, three members. 

Sec. 4. Every free white man, of the age of twenty-one years, 
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 leas*t six months before such election, or, not having 
such freehold or town lot, hath been a resident in the election dis- 
trict in which he offers to give his vote six months before the said 

* WrifiedJiy "The Constitution of the United States according to the Latest 
Amendments. Philadelphia. Printed by E. Oswald. 1796." 

Also by " Cooper's Statutes of South Carolina," vol. I, pp. 184—197. 

a This constitution was framed by a convention which assembled at Colum- 
bia, and completed its labors June 3, 1790. It was not submitted to the people 
for ratification. 



South Carolina— 1790 3259 

election, and hath paid a tax the preceding- year of three shillings 
sterling towards the support of this government, 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. 

Sec. 5. The returning officer, or any other person present entitled 
to vote, may require any person who shall offer his vote at an elec- 
tion to produce a certificate of his citizenship and a receipt from 
the tax collector of his having paid a tax entitling him to vote, 
or to swear or affirm that lie is duly qualified to vote, agreeably to this 
constitution. 

Sec. <">. Xo person shall be eligible to a seat in the house of repre- 
sentatives unless he is a free white man, of the age of twenty-one 
years, and hath been a citizen and resident in this State three years 
previous to his election. If a resident in the election district, he 
shall not be eligible to a seat in the house of representatives unless 
he be legally seized and possessed in his own right of a settled free- 
hold estate of five hundred acres of land and ten negroes, or of a 
real estate of the value of one hundred and fifty pounds sterling, 
clear of debt. If a non-resident, he shall be legally seized and pos- 
sessed of a settled freehold estate therein of the value of five hundred 
pounds sterling, clear of debt. 

Sec. 7. The senate shall be composed of members to be chosen for 
four years, in. the following proportions, by the citizens of this State 
qualified to elect members to the house of representatives, at the same 
time, and in the same manner, and at the same places where they shall 
vote for representatives, viz : Charleston, (including Saint Philip and 
Saint Michael,) two members; Christ Church, one member: Saint 
John, Berkley, one member: Saint Andrew, one member; Saint 
George, one member; Saint James, Goose Creek, one member; Saint 
Thomas and Saint Dennis, one member; Saint Paul, one member; 
Saint Bartholomew, one member; Saint James, Santee, one member; 
Saint John, Colleton, one member; Saint Stephen, one member; 
Saint Helena, one member; Saint Luke, one member; Prince Wil- 
liam, one member; Saint Peter, one member; All Saints, one mem- 
ber; Winyaw and Williamsburgh, one member; Liberty and Kings- 
ton, one member; Marlborough. Chesterfield, and Darlington, two 
members; York, one member; Fairfield, Richland, and Chester, one 
member; Lancaster and Kershaw, one member; Claremont and 
Clarendon, one member; Abbeville, one member; Edgefield, one 
member; Newbury, (including the Fork between Broad and Saluda 
Rivers.) one member; Lourens, one member: Union, one member: 
Spartan, one member; Greenville, one member: Pendleton, one mem- 
ber; Saint Matthew and Orange, one member; Winton, (including 
the district between Savannah River and the North Fork of Edisto,) 
one member; Saxe Gotha, one member. 

Sec. 8. Xo person shall be eligible to a seat in the senate unless he 
is a free white man, of the age of thirty years, and hath been a citizen 
and resident in this State five years previous to his election. If a 
resident in the election district, he shall not be eligible unless he be 
legally seized and possessed, in his own right, of a settled freehold 
estate of the value of three hundred pounds sterling, clear of debt. 
If a non-resident in the election district, he shall not be eligible unless 



3260 South Carolina— 17.90 

he be loo-ally seized and possessed in his own right of a settled free- 
hold estate in the said district of the value of one thousand pounds 
sterling, clear of debt. 

Sec. 9. Immediately after the senators shall be assembled, in con- 
sequence of the first election, they shall be divided by lot into two 
classes. The seats of the senators of the first class shall be vacated at 
the expiration of the second year, and of the second class at the ex- 
piration of the fourth year; so that one-half thereof, as near as possi- 
ble, may be chosen, forever thereafter, every second year, for the term 
of four years. 

Sec. 10. Senators and members of the house of representatives shall 
be chosen on the second Monday in October next, and the day follow- 
ing, and on the same days, in every second year thereafter, in such 
manner and at such times as are herein directed; and shall meet oil 
the fourth Monday in November annually at Columbia, (which shall 
remain the seat of government, until otherwise determined, by the 
concurrence of two-thirds of both branches of the whole representa- 
tion,) unless the casualties of Avar or contagious disorders should 
render it unsafe to meet there; in either of which cases, the governor, 
or commander-in-chief for the time being, may, by proclamation, 
appoint a more secure and convenient place of meeting. 

Sec. 11. Each house shall judge of the elections, returns, and quali- 
fications of its own members; and a majority of each house shall con- 
staitute a quorum to do business; but a smaller number may adjourn 
from clay to day, and may be authorized to compel the attendance of 
absent members in such manner and under such penalties as may be 
provided by law. 

Sec. 12. Each house shall choose by ballot its own officers, deter- 
mine its rules of proceeding, punish its members for disorderly be- 
havior, and (with the concurrence of two-thirds) expel a member, 
but not a second time for the same cause. 

Sec. 13. Each house may punish, by imprisonment, during sitting, 
any person not a member, who shall be guilty of disrespect to the 
house, by any disorderly or contemptuous behavior in its presence, or 
who, during the time of its sitting, shall threaten harm to the body 
or estate of any member, for anything said or done in either house, 
or who shall assault any of them therefor, or who shall assault or 
arrest any witness, or other person, ordered to attend the house, in 
his going to or returning therefrom, or who shall rescue any person 
arrested by order of the house. 

Sec. 14. The members of both houses shall be protected in their per- 
sons and estates, during their attendance on, going to, and returning 
from, the legislature, and ten days previous to their sitting, and ten 
days after the adjournment of the legislature. But these privileges 
shall not be extended so as to protect any member who shall be 
charged with treason, felony, or breach of the peace. 

Sec. 15. Bills for raising a revenue shall originate in the house of 
representatives, but may be altered, amended, or rejected by the 
senate. Ail other bills may originate in either house, and may be 
amended, altered, or rejected by the other. 

Sec. L6. No bill or ordinance shall have the force of law, until it 
shall have been read three times, and on three several days, in each 



South Carolina — 1700 3261 

house, has had the great seal affixed to it, and has been signed in the 
senate-house, by the president of the senate and speaker of the house 
of representatives. 

Sec. 17. No money shall be drawn out of the public treasury, but 
by the legislative authority of the State. 

Sec. 18. The members of the legislature, who shall assemble under 
this constitution, shall be entitled to receive out of the public treasury, 
as compensation for their expenses, a sum not exceeding seven shil- 
lings sterling a day, during their attendance on, going to, and return- 
ing from the legislature; but the same may be increased or diminished 
by law, if circumstances shall require; but no alterations shall be 
made by any legislature to take effect during the existence of the legis- 
lature which shall make such alteration. 

Sec. 19. Neither house shall, during their session, without the con- 
sent of the other, adjourn for more than three days, nor to any other 
place than that in which the two houses shall be sitting. 

Sec. 20. No bill or ordinance which shall have been rejected by 
either house shall be brought in again during the sitting, without 
leave of the house, and notice of six days being previously given. 

Sec. 21. No person shall be eligible to a seat in the legislature 
whilst he holds any office of profit or trust under this State, the 
United States, or either of them, or under any other power, except 
officers in the militia, army or navy of this State, justices of the peace, 
or justices of the county courts, while they receive no salaries; nor 
shall any contractor of the army or navy of this State, the United 
States, or either of them, or the agents of such contractor, be eligible 
to a seat in either house. And if any member shall accept or exer- 
cise any of the said disqualifying offices, he shall vacate his seat. 

Sec 22. If any election district shall neglect to choose a member or 
members on the days of election, or if any person chosen a member of 
either house should refuse to qualify and take his seat, or should die, 
depart the State, or accept of any disqualifying office, a writ of elec- 
tion shall be issued by the president of the senate, or speaker of the 
house of representatives, (as the case may be,) for the purpose of 
filling up the vacancy thereby occasioned for the remainder of the 
term for which the person so refusing to qualify, dying, departing 
the State, or accepting a disqualifying office was elected to serve. 

Sec. 23. And whereas the ministers of the gospel are, by their pro- 
fession, dedicated to the service of God and the care of souls, and 
ought not to be diverted from the great duties of their function, there- 
fore no minister of the gospel or public preacher of any religious 
persuasion, whilst he continues in the exercise of his pastoral func- 
tions, shall be eligible to the office of governor, lieutenant-governor, or 
to a seat in the senate or house of representatives. 

Article II 

Section 1. The executive authority of this State shall be invested 
in a governor, to be chosen in manner following: As soon as may be 
after the first meeting of the senate and house of representatives, and 
at every first meeting of the house of representatives thereafter, when 
a majority of both houses shall be present, the senate and house of 



3262 South Carolina— 1790 

representatives shall, jointly, in the house of representatives, choose, 
by ballot, a governor to continue for two years, and until a new elec- 
tion shall be made. 

Sec. 2. No person shall be eligible to the office of governor unless 
he hath attained the age of thirty years, and hath resided within this 
State and been a citizen thereof ten years, and unless he be seized and 
possessed of a settled estate within the same, in his own right, of the 
value of fifteen hundred pounds sterling, clear of debt. 

No person having served two years as governor shall be reeligible 
to that office till after the expiration of four years. 

No person shall hold the office of governor and any other office or 
commission, civil or military, (except in the militia,) either in this 
State, or under any State, or the United States, or any other power, 
at one and the same time. 

Sec. 3. A lieutenant-governor shall be chosen at the same time, in 
the same manner, continue in office for the same period, and be pos- 
sessed of the same qualifications as the governor. 

Sec. 4. A member of the senate or house of representatives being 
chosen and acting as governor or lieutenant-governor, shall vacate 
his seat, and another person shall be elected in his stead. 

Sec. 5. In case of the impeachment of the governor, or his removal 
from office, death, resignation, or absence from the State, the lieuten- 
ant-governor shall succeed to his office. And in case of the impeach- 
ment of the lieutenant-governor, or his removal from office, death, 
resignation, or absence from the State, the president of the senate 
shall succeed to his office till a nomination to those offices respectively 
shall be made by the senate and house of representatives for the 
remainder of the time for which the officer so impeached, removed 
from office, dying, resigning, or being absent was elected. 

Sec. G. The governor shall be commander-in-chief of the army and 
navy of this State, and of the militia, except when they shall be called 
into the actual service of the United States. 

Sec. 7. He shall have power to grant reprieves and pardons, after 
conviction, (except in cases of impeachment,) in such manner, on 
such terms, and under such restrictions as he shall think proper ; and 
he shall have power to remit fines and forfeitures unless otherwise 
directed by law. 

Sec. 8. He shall take care that the laws be faithfully executed in 
mercy. 

Sec. 9. He shall have power to prohibit the exportation of provi- 
sion for any time not exceeding thirty days. 

Sec. 10. He shall, at stated times, receive for his services a compen- 
sation, which shall neither be increased or diminished during the 
period for which he shall have been elected. 

Sec. 11. All officers in the executive department, when required by 
the governor, shall give him information in writing upon any subject 
relating to the duties of their respective offices. 

Sec. 12. The governor shall, from time to time, give to the general 
assembly information of the condition of the State, and recommend 
to their consideration such measures as he shall judge necessary or 
expedient. 

Sec. 13. He may, on extraordinary occasions, convene the general 
assembly; and in case of disagreement between the two houses with 
respect to the time of adjournment odjourn them to such time as he 



South Carolina— 1790 3263 

shall think proper, not beyond the fourth Monday in the month of 
November then ensuing. 

Article III 

Section 1. The judicial power shall be vested in such superior and 
inferior courts of law and equity as the legislature shall, from time 
to time, direct and establish. 

The judges of each shall hold their commissions during good be- 
havior; and judges of the superior courts shall, at stated times, 
receive a compensation for their services, which shall neither be 
increased or diminished during their continuance in office; but they 
shall receive no fees or perquisites of office, nor hold any other office 
of profit or trust under this State, the United States, or any other 
power. 

Sec. 2. The style of all processes shall be " The State of South 
Carolina." All prosecutions shall be carried on in the name and by 
the authority of the State of South Carolina, and conclude " against 
the peace and dignity of the same." 

Article IV a 

All persons who shall be chosen or appointed to any office of profit 
or trust, before entering on the execution thereof, shall take the fol- 
lowing oath: "I do swear [or affirm] that I am duly qualified, ac- 
cording to the constitution of this State, to exercise the office to which 
I have been appointed, and will, to the best of my abilities, discharge 
the duties thereof, and preserve, protect, and defend the Constitution 
of this State and of the United States." 

Article V 

Section 1. The house of representatives shall have the sole power 
of impeaching; but no impeachment shall be made unless with the 
concurrence of two-thirds of the house of representatives. 

Sec. 2. All impeachments shall be tried by the senate. When sit- 
ting for that purpose, the senators shall be on oath or affirmation ; and 
no person shall be convicted without the concurrence of two-thirds 
of the members present. 

Sec. 3. The governor, lieutenant-governor, and all the civil officers 
shall be liable to impeachment for any misdemeanor in office; but 
judgment in such cases shall not extend further than to a removal 
from office, and disqualification to hold any office of honor, trust, or 
profit under this State. The party convicted shall, nevertheless, be 
liable to indictment, trial, judgment, and punishment according to 
law. 

Article VI 

Section 1. The judges of the superior courts, commissioners of the 
treasury, secretary of the State, and surveyor-general shall be elected 

"Amendment, 1860. See Journal of the Convention of the People of Soutb 
Carolina. Held in 1860. 1861, and 1862: Together with the Ordinances, Re- 
ports. Resolutions, etc. Published by Order of the Convention. Columbia, S. C. : 
R. W. Gibbes, Printer to the Convention, p. 52. 



32G4 South ( 'arolina— 1 7 DO 

by the joint ballot of both houses in the house of representatives. The 
commissioners of the treasury, secretary of this State, and surveyor- 
general shall hold their offices for four years; but shall not be eligible 
again for four years after the expiration of the time for which they 
shall have been elected. 

Sec. 2. All other officers shall be appointed as they hitherto have 
been, until otherwise directed by law ; but sheriffs shall hold their 
offices for four years, and not be again eligible for four years after 
the term for which they shall have been elected. 

Sec. 3. All commissions shall be in the name and by the authority 
of the State of South Carolina, and be sealed with the seal of the 
State, and be signed by the governor. 

Article VII 

All laws of force in this State at the passing of this constitution 
shall so continue, until altered or repealed by the legislature, except 
where they are temporary, in which case they shall expire at the times 
respectively limited for their duration, if not continued by act of the 
legislature. 

Article VIII 

Section 1. The free exercise and enjoyment of religious profession 
and worship, without discrimination or preference, shall forever 
hereafter be allowed within this State to all mankind: Provided, 
That the liberty of conscience thereby declared shall not be so con- 
strued as to excuse acts of licentiousness, or justify practices incon- 
sistent with the peace or safety of this State. 

Sec. 2. The rights, privileges, immunities, and estates of both civil 
and religious societies, and of corporate bodies, shall remain as if the 
constitution of this State had not been altered or amended. 

Article IX 

Section 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. 

Sec. 2. No freemen of this State shall be taken, or imprionsed, 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. 

Sec. 3. The military shall be subordinate to the civil power. 

Sec. 4. Excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel punishments inflicted. 

Sec. 5. The legislature shall not grant any title of nobility, or 
hereditaivdistinction, nor create any office the appointment to which 
shall be for any longer time than during good behavior. 

Sec. 6. The trial by jury, as heretofore used in this State, and the 
liberty of the press, shall be forever inviolably preserved. 



South Carolina— 1790 3265 

Article X 

Section 1. The business of the treasury shall be in future conducted 
by two treasurers, one of whom shall hold his office and reside at Co- 
lumbia ; the other shall hold his office and reside in Charleston. 

Sec. 2. The secretary of state and surveyor-general shall hold their 
offices both in Columbia and Charleston. The} 7 shall reside at one 
place, and their deputies at the other. 

Sec. 3. At the conclusion of the circuits, the judges shall meet and 
sit at Columbia, for the purpose of hearing and determining all mo- 
tions which may be made for new trials, and in arrest of judgments, 
and such points of law as may be submitted to them. From Colum- 
bia, 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. 

Sec 4, The governor shall always reside, during the sitting of the 
legislature, at the place where their session may be held: and. at all 
other times, wherever, in his opinion, the public good may require. 

Sec. 5. The legislature shall, as soon as may be convenient, pass 
laws for the abolition of the rights of primogeniture, and for giving 
an equitable distribution of the real estate of intestates. 

Article XI 

Xo convention of the people shall be called, unless by the concur- 
rence of two-thirds of both branches of the whole representation. 

Xo 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 lie published three months pre- 
vious 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, or 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 four- 
teenth year of the Independence of the United States of America. 

By the unanimous order of the convention. 

Charles Pinckney, President. 



AMENDMENTS TO THE CONSTITUTION OF 1790 

(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 lo be. valid parts of the said 
constitution; and the said third, seventh, and ninth sections, or such 



3266 South Carolina— 1790 

parts thereof as are repugnant to such amendments, are hereby 
repealed and made void. 

The house of representatives shall consist of one hundred and 
twenty-four 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 indirect, 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 above- 
mentioned proportion, by act of the legislature, at the session imme- 
diately 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 pro- 
duce of the tax on sales at public auction.. 

If, in the apportionment of representatives under- these amend- 
ments, 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 repre- 
sentatives to those election districts having the largest surplus frac- 
tions, whether those fractions consist of a combination of population 
and of taxes, or of population or of taxes separately, until the num- 
ber of one hundred and twenty-four members be provided. 

No apportionment under these amendments shall be construed to 
take effect, in any manner, until the general election which shall suc- 
ceed 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, 



South Carolina— 1790 3267 

also, except Orange and Barnwell, or Winton, in which the bounda- 
ries shall be altered, as follows, viz : That part of Orange in the fork 
freehold or town lot, hath been a resident in the election district in 
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 dis- 
trict, as now established for the election of members of the house of 
representatives, except the district formed by the parishes of Saint 
Philip and Saint Michael, to which shall be allowed two senators, as 
heretofore. 

The seats of those senators who under the constitution shall repre- 
sent two or more election districts, on the day preceding the second 
Monday of October, which will be in the year one thousand eight hun- 
dred and ten, shall be vacated on that day, and the new senators who 
shall represent such districts under these amendments shall, imme- 
diately 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 vacated at the expiration of the second year, and of 
the second class, at the expiration of the fourth year; and the num- 
ber 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. 

Xone 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 altera- 
tion proposed by the legislature shall be agreed to in their first ses- 
sion, 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. 

(Ratified December 19, 1810) 

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-commis- 
sioned 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. 

(Ratified December 19, 1816) 

That the third section of the tenth article of the constitution of 
this State be altered and amended to read as follows: The judges 



3268 South Carolina— 1790 

shall, at such times and places as shall bo prescribed by art 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. 

(Ratified December 20, 1820) 

That all that territory lying within the chartered limits of this 
State, and which was ceded by the Cherokee Nation, in a treaty con- 
cluded at Washington, on the twenty-second day of March, in the 
year of our Lord one thousand eight hundred and sixteen, and con- 
firmed by an act of the legislature of this State, passed on the nine- 
teenth day of December, in the same year, shall be, and the same is 
hereby, declared to be annexed to and shall form and continue a 
part of the election district of Pendleton. 

i Ratified December 1!>, 20, 1828) 

That the third section of the fifth article of the constitution of this 
State shall be altered to read as follows, viz: 

Sec. 3. The governor, lieutenant-governor, and all civil officers 
shall be liable to impeachment for high crimes and misdemeanors, 
for any misbehavior in office, for corruption in procuring office, or 
for any act which shall degrade their official character. But judg- 
ment, in such cases, shall not extend further than to removal from 
office, and disqualification to hold any office of honor, trust, or profit 
under this State. The party convicted shall, nevertheless, be liable 
to indictment, trial, judgment, and punishment, according to law. 

Sec. 4. All civil officers, whose authority is limited to a single elec- 
tion district, a single judicial district, or part of either, shall be 
appointed, hold their office, be removed from office, and in addition 
to liability to impeachment, may be punished for official misconduct, 
in such manner as the legislature, previous to their appointment, may 
provide. 

Sec. 5. If any civil officer shall become disabled from discharging 
the duties of his office, by reason of any permanent bodily or mental 
infirmity, his office may be declared to be vacant, by joint resolution, 
agreed to by two-thirds of the whole representation in each branch 
of the legislature: Prodded, That such resolution shall contain the 
grounds for the proposed removal, and before it shall pass either 
house a copy of it shall be served on the officer and a hearing be 
allowed him. 

(Ratified December 0. 1834) 

That the fourth article of the constitution of this State shall be 
amended so as to read as follows, viz : Every person who shall be 
chosen or appointed to any office of profit or trust, before entering on 
the execution thereof, shall take the following oath : " I do solemnly 
swear, ( ^>r affirm.) that I will be faithful, and true allegiance bear 
to the State of South Carolina, so long as I may continue a citizen 
thereof: and that I am duly qualified, according to the constitution 
of this State, to exercise the office to which I have been appointed; 
and that I will, to the best of my abilities, discharge the duties 
thereof, and preserve, protect, and defend the constitution of this 
State, and of the United States: So help me God." 



South Carolina — 1865 3269 

(Ratified December, L856) 

That the tenth section of the first article of the constitution of this 
State be altered and amended to read as follows: Senators, according 
to their classification, and members of the house of representatives, 
shall be chosen on the second Monday in October, in the year of our 
Lord one thousand eight hundred and sixty, and on the same day 
in every second year thereafter, in such manner and at such times as 
are herein directed, and shall meet on the fourth Monday in Novem- 
ber, annually, at Columbia, (which shall remain the seat of govern- 
ment until otherwise determined by the concurrence of two-thirds of 
both branches of the whole representation.) unless the casualties of 
war or contagious disorders should render it unsafe to meet there, in 
either of which cases the governor, or commander-in-chief for the 
time being.- may. by proclamation, appoint a more secure and con- 
venient place of meeting. 



CONSTITUTION OF SOUTH CAROLINA— 1861 

f A State convention, called by an act of the legislature December 
IT. 1860, and on April 8, 1861, revised the State constitution, which 
was not submitted to the people for ratification.] 



CONSTITUTION OF SOUTH CAROLINA— 1865 * « 

"We, the people of the State of South Carolina, by our delegates in 
convention met. do ordain and establish this constitution for the gov- 
ernment of the said State. 

Article I 

Section 1. The legislative authority of this State shall be vested 
in a general assembly which shall consist of a senate and a house of 
representatives. 

Sec. 2. The house of representatives shall be composed of members 
chosen by ballot, every second year, by the citizens of this State, qual- 
ified as in this constitution is provided. 

Sec. 3. Each judicial district in the State shall constitute one elec- 
tion district, except Charleston district, which shall be divided into 
two election districts: one. consisting of the late parishes of Saint 
Philip and Saint Michael, to be designated the election district of 
Charleston; the other, consisting of all that part of the judicial dis- 
trict which is without the limits of the said parishes, to be known as 
the election district of Berkeley. 

Sec 4. The boundaries of the several judicial and election districts 
shaU remain as they are now established. 

* Verified by " Message of President Johnson, March 6, 1866, Ex. Doc. 20 
Senate. 39 Congress, 1st session." 

* This constitution was framed by a convention called by Provisional Gov- 
ernor Benjamin F Perry, which assembled September 13, 1865, repealed the 
ordinance of secession September 19, 1865, and completed the amended constitu- 
tion September 27, 1865. It was not submitted to the people for ratification. 

7254— vol 6—09 6 



3270 South Carolina— 1865 

Sec. 5. The house of representatives shall consist of one hundred 
and twenty-four members, to be apportioned among the several elec- 
tion districts of the State, according to the number of white inhab- 
itants contained in each, and the amount of all taxes raised by the 
general assembly, whether direct or indirect, 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 properly held in such district. An 
enumeration of the white inhabitants, for this purpose, was made 
in the year one thousand eight hundred and fifty-nine, and shall 
be made 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 above-mentioned propor- 
tion by act of the general assembly at the session immediately suc- 
ceeding every enumeration: Provided, That until the apportion- 
ment, which shall be made upon the next enumeration, shall take 
effect, the representation of the several election districts, as "herein 
constituted, shall continue as assigned at the last apportionment, 
each district which has been heretofore divided into smaller dis- 
tricts, known as parishes, having the aggregate number of repre- 
sentatives which the parishes heretofore embraced within its limits 
have had since that apportionment, the representative to which the 
parish of All Saints has been heretofore entitled being, during the 
interval, assigned to Horry election district. 

Sec. G. If the enumeration herein directed shall not be made in the 
course of the year appointed for the purpose, it shall be the duty 
of the governor to have it effected as soon thereafter as shall be 
practicable. 

Sec. 7. In assigning representatives to the several districts, the 
general assembly 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 general assembly. There shall be further allowed one 
representative for such fractions of the sixty-second part of the white 
inhabitants, and of the sixty-second part of the taxes, as, when added 
together, form a unit. 

Sec. 8. All taxes upon property, real or personal, shall be laid upon 
the actual value of the property taxed, as the same shall be ascertained 
by an assessment made for the purpose of laying such tax. In the 
first apportionment which shall be made under this constitution, the 
amount of taxes shall be estimated from the average of the two years 
next preceding such apportionment; but in every subsequent appor- 
tionment, from the average of the ten years then next preceding. 

Sec. 9. If, in the apportionment of representatives, 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 be still a deficiency of the num- 
ber of representatives required by section fifth, 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 taxes, or of population or taxes 
separately, until the number of one hundred and twenty-four mem- 
bers are made up: Provided, however, That not more than twelve 



South Carolina — 1865 327 1 

representatives shall in any apportionment be assigned to any one 
election district. 

Sec. 10. Xo apportionment of representatives shall be construed to 
take effect, in any manner, until the general election which shall suc- 
ceed such apportionment. 

Sec. 11. The senate shall be composed of one member from each 
election district, except the election district of Charleston, to which 
shall be allowed two senators. 

Sec. 12. Upon the meeting of the first general assembly which shall 
be chosen under the provisions of this constitution, the senators shall 
be divided, by lot, into two classes; the seats of the senators of the one 
class to be vacated at the expiration of two years after the Monday 
following the general election, and of those of the other class at the 
expiration of four years; and the number of these classes shall be so 
proportioned that one-half of the Avhole number of senators may, as 
nearly as possible, continue to be chosen thereafter every second year. 

Sec. 13. No person shall be eligible to, or take or retain a seat in, 
the house of representatives, unless he is a free white man, who hath 
attained the age of twenty-one years, hath been a citizen and a resi- 
dent of this State three years next preceding the day of election, and 
hath been for the last six months of this time, and shall continue, a 
resident of the district which he is to represent. 

Sec. 14. Xo person shall be eligible to or take or retain a seat in 
the senate, unless he is a free white man, who hath attained the age of 
thirty years, hath been a citizen and resident of this State five years 
next preceding the day of election, and hath been, for the last six 
months of this time, and shall continue to be, a resident of the district 
which he is to represent. 

Sec 15. Senators and members of the house of representatives shall 
lie chosen .at a general election on the third Wednesday in October 
in the present 3 7 ear, and on the same day in every second year there- 
after, in such manner and for such terms of office as are herein 
directed. They shall meet on the fourth Monday in Xovember, annu- 
ally, at Columbia, (which shall remain the seat of government until 
otherwise determined by the concurrence of two-thirds of both 
branches of the whole representation,) unless the casualties of war 
or contagious disorders shall render it unsafe to meet there; in either 
of which cases the governor, or commander-in-chief, for the time 
being, may. by proclamation, appoint a more secure and convenient 
place of meeting. 

Sec 16. The terms of office of the senators and representatives 
chosen at a general election shall begin on the Monday following such 
election. 

Sec 17. Each house shall judge of the election returns, and quali- 
fications of its own members; and a majority of each house shall con- 
stitute a quorum to do business; but a smaller number may adjourn 
from day to day, and may be authorized to compel the attendance of 
absent members, in such manner and under such penalties as may be 
provided by law. 

Sec 18. Each house shall choose its own officers, determine its rules 
of proceeding, punish its members for disorderly behavior, and, with 
the concurrence of two-thirds, expel a member, but not a second time 
for the same cause. 



3272 South Carolina— 1865 

Sec 10. Each house may punish, by imprisonment, during its sit- 
ting, any person not a member who shall be guilty of disrespect to the 

house by any disorderly or contemptuous behavior in i t > presence; or 
who, during the time of its sitting, shall threaten harm to body or 
estate of any member for anything said or done in either house, or 
who shall assault any of them therefor, or who shall assault or arresi 
any witness or other person ordered to attend the house in his going 
thereto or returning therefrom, or who shall rescue any person 
arrested by order of the house. 

Sec. 20. The members of both houses shall be protected in their 
persons and estates during their attendance on, going to, and return- 
ing from the genera] assembly, and ten days previous to the sitting 
and ten days after the adjournment thereof. But these privileges 
shall not be extended so as to protect any member who shall be 
charged with treason, felony, or breach of the peace. 

Sec. 21. Hills for raising a revenue shall originate in the house of 
representatives, but may be altered, amended, or rejected by the 
seniite; and all other bills may originate in either house, and may -be 
amended, altered^ or rejected by the other. 

Sec. 22. Every act or resolution having the force of law shall 
relate to but one subject, and that shall be expressed in the title. 

Sec. "!'■). No bill shall have the force of law until it shall have been 
read three times, and on three several days, in each house, has had 
the seal of the State affixed to it. and has been signed in the senate- 
house by the president of the senate and the speaker of the house of 
representatives. 

Sec. 24. No money shall be drawn out of the public treasury but 
by the legislative authority of the State. 

Sec 25. In all elections by the general assembly, or either house 
thereof, the members shall vote viva voce, and their votes thus given 
shall be entered upon the journals of the house to which they 
respectively belong. 

Sec 26. The members of the general assembly who shall meet 
under this constitution, shall be entitled to receive out of the public 
treasury for their expenses during their attendance on, going to, 
and returning from the general assembly, five dollars for each day's 
attendance, and twenty cents for every mile of the ordinary route of 
travel between the residence of the member and the capital or other 
place of sitting of the general assembly, both going and returning; 
and the same may be increased or diminished by law if circumstances 
shall require; but no alteration shall be made to take effect during 
the existence of the general assembly which shall make such altera- 
tion. 

Sec 27. Neither house during the session of the general assembly 
shall, without the consent of the other, adjourn for more than three 
days, nor to any other place than that in which the assembly shall 
be at the time sitting. 

Sec 28. No person shall be eligible to a seat in the general assem- 
bly whilst he holds any office of profit or trust under this State, the} 
United States of America, or any of them, or under any other power, 
except officers in the militia, army or navy of this State, magistrates, 
or justices of inferior courts, while such justices receive no salaries; 
nor shall any contractor of the army or navy of this State, the United 



South Carolina— J 865 3273 

States of America, or any of them, or the agents of such contractor. 
be eligible to a seat in either house. And if any member shall accepi 
or exercise any of the said disqualifying offices, he shall vacate his 
seat. 

Sec. 29. If any election district shall neglect to choose a member 
or members on the day of election, or if any person chosen a member 
of either house shall refuse to qualify and take his seat, or shall 
resign, die. depart the State, accept any disqualifying office, or 
become otherwise disqualified to hold his seat, a writ of election shall 
be issued by the president of the senate or speaker of the house of 
representatives, as the case may be. for the purpose of filling the 
vacancy thereby occasioned for the remainder of the term for which 
the person so refusing to qualify, resigning, dying, departing the 
State, or becoming disqualified was elected to serve, or the defaulting 
election district ought to have chosen a member or members. 

Sr.c. 30. And whereas the ministers of the gospel are. by their pro- 
fession, dedicated to the service of God and the cure of souls, and 
ought not to be diverted from the great duties of their functions; 
therefore no minister of the gospel, or public preacher of any 
religious persuasion, whilst he continues in the exercise of his pas- 
toral functions, shall be eligible to the office of governor, lieutenant- 
governor, or to a seat in the senate or house of representatives. 

Article II 

Section 1. The executive authority of this State shall be vested in 
a chief magistrate, who -hall be styled the governor of the State of 
South Carolina. 

Sec. 2. The governor shall be elected by the electors duly qualified 
to vote for members of the house of representatives, and shall hold his 
office for four years, and until his successor shall be chosen and quali- 
fied; but the same person shall not be governor for two consecutive 
terms. 

Sec. 3. Xo person shall be eligible to the office of governor unless 
he hath attained the age of thirty years, and hath been a citizen and 
resident of this State for the ten year- next preceding the day of 
election. And no person shall hold the office of governor and any 
other office or commission, civil or military, (except in the militia.) 
under this State or the United State-, or any of them, or any other 
power, at one and the same time. 

Sec. -1. The returns; of every election of governor shall be sealed up 
by the managers of elections in their respective districts, and trans- 
mitted by a messenger chosen by them to the seat of government. 
directed to the secretary of state, who shall deliver them to the 
speaker of the house of representative-, at the next ensuing session of 
the general assembly, during the first week of which session the 
speaker shall open and publish them in the presence of both houses 
of the general assembly. The person having the highest number of 
votes shall be governor: but if two or more shall be equal and highest 
in votes, the general assembly shall, during the same session, in the 
house of representatives, choose one of them governor viva r<,<-c. 
Contested elections for governor shall be determined by the general 
assembly in such manner as shall be prescribed by law. 



3274 South Carolina— 1865 

Sec. 5. A Lieutenant-governor shall be chosen at the same time, in 
the same manner, continue in office for the same period, and be pos- 
sessed of the same qualifications as the governor, and shall, ex o-fflcio, 
be the president of the senate. 

Sec. 6. The lieutenant-governor, acting as president of the senate, 
shall have no vote, unless the senate be equally divided. 

Sec. 7. The senate shall choose a president pro tempore to act in 
the absence of the lieutenant-governor, or when he shall exercise the 
office of governor. 

Sec. 8. A member of the senate, or of the house of representatives, 
being chosen, and acting as governor or lieutenant-governor, shall 
thereupon vacate his seat, and another person shall be elected in his 
stead. 

Sec. 9. In case of the impeachment of the governor, or his removal 
from office, death, resignation, disqualification, disability, or removal 
from the State, the lieutenant-governor shall succeed to his office; 
and in case of the impeachment of the lieutenant-governor, or his 
removal from office, death, resignation, disqualification, disability, 'or 
removal from the State, the president pro tempore of the senate shall 
succeed to his office: and when the offices of the governor, lieutenant- 
governor, and president pro tempore of the senate shall become vacanl 
in the recess of the senate, the secretary of state, for the time being, 
shall, by proclamation, convene the senate, that a president pro tem- 
pore may be chosen to exercise the office of governor for the unex- 
pired term. 

Sec. 10. The governor shall be commander-in-chief of the army 
and navy of this State, and of the militia, except when they shall be 
called into the actual service of the United States. 

Sec. 11. He shall have power to grant reprieves and pardons after 
conviction, (except in cases of impeachment.) in such manner, on 
such terms, and under such restrictions as he shall think proper, and 
he shall have power to remit fines and forfeitures, unless otherwise 
directed by law. It shall be his duty to report to the general assem- 
bly at the next regular session thereafter all pardons granted by him, 
with a full statement of each case and the reasons moving him there- 
unto. 

Sec 12. He shall take care that the laws be faithfully executed in 
mercy. 

Sec. 13. The governor and lieutenant-governor shall, at stated 
times, receive for their services a compensation which shall be neither 
increased nor diminished during the period for which they shall have 
been elected. 

Sec. 14. All officers in the executive department, when required by 
the governor, shall give him information in writing upon any subject 
relating to the duties of their respective offices. 

Sec. 15. The governor shall, from time to time, give to the general 
assembly information of the condition of the State, and recommend 
to their consideration such measures as he shall judge necessary or 
expedient. 

Sec. 16. He may, on extraordinary occasions, convene the general 
assembly, and should either house remain without a quorum for three 
days, or in case of disagreement between the two houses with respect 
to the time of adjournment, may adjourn them to such time as he 



South Carolina— 1865 3275 

shall think proper, not beyond the fourth Monday of November then 
next ensuing - . 

Sec. 17. He shall commission all officers of the State. 

Sec. 18. It shall be the duty of the managers of elections of this 
State, at the first general election under this constitution, and at each 
alternate general election thereafter, to hold an election for governor 
and lieutenant-governor. 

Sec. 19. The governor and the lieutenant-governor, before entering 
upon the duties of their respective offices, shall, in the presence of 
the general assembly, take the oath of office prescribed in this con- 
stitution. 

Sec. 20. The governor shall reside, during the sitting of the general 
assembly, at the place Avhere its sessions may be held; and the general 
assembly may, by law, require him to reside at the capital of the 
State. 

Sec. 21. Every bill which shall have passed the general assembly 
shall, before it become a law. be presented to the governor: if the 
approve he shall sign it; but if not. he shall return it. with his objec- 
tions, to that house in which it shall have originated, who shall enter 
the objections at large on their journal, and proceed to reconsider 
it. If after such reconsideration a majority of the whole representa- 
tion of that house shall agree to pass the bill, it shall be sent, together 
with the objections, to the other house, by which it shall likewise be 
reconsidered, and if approved by a majority of the whole representa- 
tion of that other house, it shall become a law. But in all such eases 
the votes of both houses shall be determined by yeas and nays, and 
the names of the persons voting for and against the bill shall be 
entered on the journal of each house respectively. If any bill shall 
not be returned by the governor within two days (Sundays excepted) 
after it shall have been presented to him, the same shall be a law in 
like manner as if he had signed it. And, that time may be always 
allowed the governor to consider bills passed by the general assembly, 
neither house shall read any bill on the last day of its session, except 
such bills as have been returned by the governor as herein provided. 

Article III 

Section 1. The judicial power shall be vested in such superior and 
inferior courts of law and equity as the general assembly shall, from 
time to time, direct and establish. The judges of the superior courts 
shall be elected by the general assembly, shall hold their offices during 
good behavior, and shall at stated times receive a compensation for 
their services, which shall neither be increased nor diminished during 
their continuance in office; but they shall receive no fees or per- 
quisites of office, nor hold any other office of profit or trust under 
this State, the United States of America, or any of them, or any 
other power. The general assembly shall, as soon as possible, estab- 
lish for each district in the State an inferior court or courts, to be 
styled the " district court,-' the judge whereof shall be resident in the 
district while in office, shall be elected by the general assembly for 
four years, and shall be ineligible, which court shall have jurisdiction 
of all civil causes wherein one or both of the parties are person- of 
color, and of all criminal cases wherein the accused is a person of 



3276 South Carolina 1865 

color; and the general assembly is empowered to extend the jurisdic- 
tion of the said court to other subjects. 

Sec. _. The judges shall meet and sit at Columbia, at such time as 
the genera] assembly may by act prescribe, for the purpose of hearing 
and determining all motions for new trials and in arrest of judgment, 
and such points of law as may he submitted to them; and the general 
assembly may, by act. appoint such other places for such meetings 
as in their discretion may seem fit. 

Sec. 3. The style of* all processes shall be "The State of South 
Carolina." All prosecutions shall he carried on in the name and by 
the authority of the State of South Carolina, and conclude. " against 
the peace and dignity of the same." 

Article IV 

In all elections to he made by the people of this State, or of any 
pgxt thereof , for civil or political offices, every person shall be entitled 
to vote who has tin 1 following qualifications, to wit: He shall be a 
free white man who has attained the age of twenty-one years, and is 
not a pauper, nor a non-commissioned officer or private soldier of 
the Army, nor a seaman or marine of the Navy of the United States, 
lie shall, for the two years next preceding the day of election, have 
been a citizen of this State, or, for the same period, an emigrant from 
Europe, who has declared his intention to become a citizen of the 
United States, according to the Constitution and laws of the United 
States. He shall have resided in this State for at least two years 
next preceding the day of election, and for the last six months of that 
time in the district in which he offers to vote: Provided, however, 
That the general assembly may. by requiring a registry of voters, or 
other suitable legislation, guard against frauds in elections and 
usurpations of the right of suffrage, may impose disqualification to 
vote as a punishment for crime, and may prescribe additional qualifi- 
cations for voters in municipal elections. 

Article V 

All persons who shall he elected or appointed to any office of profit 
or trust, before entering on the execution thereof, shall take (besides 
special oaths, not repugnant to this constitution, prescribed by the 
general assembly) the following oath : "I do swear for affirm] that 
I am duly qualified, according to the constitution of this State, to 
exercise the office to which I have been appointed, and that I will, to 
the best of my ability, discharge the duties thereof, and preserve, 
protect, and defend the constitution of this State, and that of the 
United States: So help me God." 1 

Article VI 

Sectiois«1. The house of representatives shall have the sole power 
of impeaching; but no impeachment shall be made unless with the 
concurrence of two-thirds of the house of representatives. 

Sec. 2. All impeachments shall be tried by the senate. AVhen sit- 
ting for that purpose, the senators shall be on oath or affirmation, 



South Carolina— 1865 3277 

and no person shall be convicted without the concurrence of two- 
thirds of the members present. 

Sec. 3. The governor, lieutenant-governor, and all civil officers. 
shall be liable to impeachment for high crimes and misdemeanors, for 
any misbehavior in office, for corruption in procuring office, or for any 
act which shall degrade their official character. But judgment in 
such cases shall not extend further than to removal from office and 
disqualification to hold any office of honor, trust, or profit under this 
State. The party convicted shall, nevertheless, be liable to indict- 
ment, trial, judgment, and punishment according to law. 

Sec. 4. All civil.officers whose authority is limited to a single judi- 
cial district, a single election district, or part of either, shall be 
appointed, hold their office, be removed from office, and. in addition 
to liability to impeachment, may be punished for official misconduct. 
in such manner as the general assembly, previous to their appoint- 
ment, may provide. 

Sec .V If any civil officer shall become disabled from discharging 
the duties of his office, by reason of any permanent bodily or mental 
infirmity, his office may be declared to be vacant, by joint resolution, 
agreed to by two-thirds of the whole representation in each house of 
the general assembly: Provided, That such resolution shall contain 
the grounds for the proposed removal, and. before it shall pass either 
house, a copy of it shall be served on the officer, and a hearing be 
allowed him. 

Article VII 

Section 1. The treasurer and the secretary of state -hall be elected 
by the general assembly in the house of representatives, shall hold 
their offices for four years, and shall not be eligible for the next suc- 
ceeding term. 

Sec. 2. All other officer- -hall be appointed as they hitherto have 
been, until otherwise directed by law: but the same person shall not 
hold the office of sheriff for two consecutive terms. 

Sec. 3. All commissions -hall be in the name and by the authority 
of the State of South Carolina, be sealed with the seal of the State, 
and be signed by the governor. 

Article VIII 

r 

All laws of force in this State at the adoption of this constitution, 
and not repugnant hereto, -hall so continue until altered or repealed. 
except where they are temporary: in which case they shall expire at 
the times respectively limited for their duration, if not continued by 
act of the general assembly. 

Article IX 

Section 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. 

Sec. 2. Xo person shall be taken, or imprisoned, or disseized of his 
freehold, liberties, or privilege-, or outlawed or exiled, or in any 
manner deprived of his life, liberty, or property, but by due process 



3278 South Carolina— 1865 

of law; nor shall any bill of attainder, ex post facto law, or law 
impairing the obligation of contracts ever be passed by the general 
assembly. 

Sec. 3. The military shall be subordinate to the civil power. 

Sec. 4. The privilege of the writ of habeas corpus shall not be sus- 
pended, unless when, in case of rebellion or invasion, the public safety 
requires it. 

Sec. 5. Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel punishments inflicted. 

Sec. 0. The general assembly 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 behavior. 

Sec. 7. The trial by jury as heretofore used in this State, and the 
liberty of the press, shall be forever inviolably preserved. But the 
general assembly shall have power to determine the number of per- 
sons who shall constitute the jury in the inferior and district courts. 

Sec. 8. The free exercise and enjoyment of religious profession 
and worship, without discrimination or preference, shall be allowed 
within this State to all mankind: Provided, That the liberty of con- 
science hereby declared shall not be construed as to excuse acts of 
licentiousness, or justify practices inconsistent with the peace and 
safety of the State. 

Sec. 9. The rights, privileges, immunities, and estates of both civil 
and religious societies and of corporate bodies shall remain as if the 
constitution of this State had not been altered or amended. 

Sec. 10. The rights of primogeniture shall not be reestablished, 
and there shall not fail to be some legislative provision for the equita- 
ble distribution of the estates of intestates. 

Sec. 11. The slaves in South Carolina having been emancipated by 
the action of the United States authorities, neither slavery nor invol- 
untary servitude, except as a punishment for crime, whereof the 
party shall have been dulv convicted, shall ever be reestablished in 
this "State. 

Article X 

The general assembly, whenever a tax is laid upon land, shall, at 
the same time, impose a capitation-tax, which shall not be less upon 
each poll than one-fourth of the tax laid upon each hundred dollars' 
worth of the assessed value of the land taxed; excepting, however, 
from the operation of such capitation-tax all such classes of persons 
as from disability or otherwise ought, in the judgment of the general 
assembly, to be exempted. 

Article XI 

Section 1. The business of the treasury shall be conducted by one 
treasurer, who shall hold his office and reside at the seat of govern- 
ment. 

Sec. - 2. The secretary of state shall hold his office and reside at the 
seat of government. 



South Carolina— 1865 3279 

Article XII 

Section 1. No convention of the people shall be called, unless by 
the concurrence of two-thirds of the whole representation in each 
house of the genera] assembly. 

Sk<-. 2. No part of this constitution 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 repre- 
sentation in each house of the general assembly; neither shall any 
alteration take effect until the bill, so agreed to, shall be published 
for three months previous to a new election for members of the house 
of representatives; and the alteration proposed by the preceding gen- 
eral assembly shall be agreed to by the new general assembly, in their 
first session, by the concurrence of two-thirds of the whole representa- 
tion in each house, after the same shall have been read on three several 
days in each ; 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 twenty-seventh day of September, in the year of our Lord one 
thousand eight hundred and sixty-five. 

D. L. Wardlaw, President. 

John T. Sloan, Clerk. 

ORDINANCE 

Section 1. We, the people of the State of South Carolina, by our 
delegates in convention met, do ordain that the constitution of this 
State, as ordained and established by the people in convention at 
Charleston, on the eighth day of April, in the year of our Lord one 
thousand eight hundred and sixty-one, is in force, except as amended 
or altered by this constitution. 

Sec. 2. That all laws, orders, resolutions, and rules ascertaining the 
rights of persons, natural or artificial, or regulating proceedings in 
the courts of law or of equity, which w T ere of force in this State on 
the nineteenth day of December, in the year of our Lord one thousand 
eight hundred and sixty, are now in force, and shall so continue until 
altered, modified, repealed, or avoided by proper State authority. 
except in so far as the same or any of them have or has been, since 
that time, so altered, modified, repealed, or avoided. 

Sec. 3. That all acts and resolutions of the general assembly of this 
State which have been passed, adopted, or ratified since the nineteenth 
day of December, in the year of our Lord one thousand eight hundred 
and sixty aforesaid, are now in force, and shall so continue until 
altered, modified, repealed, or avoided by proper State authority, 
except such as have expired by their own limitation, or by reason of 
the cessation of the causes which occasioned their enactment ; not, 
however, including within this exception the act of assembly prohib- 
iting the collection of debts, usually known as the stay law : Provided, 
however, That all laws, resolutions, orders, or rules embraced within 
the terms of this and preceding sections, which recognize the existence 
of slavery and regulate the relations of master and slave, and define 



3280 South Carolina— 1865 

and enforce the rights and duties growing thereout, or create and 
punish offences against such rights, or against the public policy of 
the State in reference to slavery, have become of no further or future 
force or effect by reason of the extinction of slavery. 

Sec. 4. That all official acts in the executive and other departments 
of the government of this State, judicial proceedings, rules of court, 
sales, conveyances, contracts, obligations, instruments of writing, and 
transactions affecting rights of persons or property, had, made, exe- 
cuted, or incurred since the nineteenth day of December, in the year 
of our Lord one thousand eight hundred and sixty, have, and shall 
continue to have, in all respects, the same force, effect, and validity 
as if the same had been made, executed, or incurred during a time of 
peace, and as if the ordinance of secession had not been passed : Pro- 
vided, That in every action arising on any contract, whether under 
seal or parol, written or oral, made between the first day of January, 
in the year of our Lord one thousand eight hundred and sixty-two, 
and the fifteenth day of May, in the year of our Lord one thousand 
eight hundred and sixty-five, it shall be lawful for either party to 
the action to introduce testimony showing the true value and real 
character of the consideration of such contract at the time it was 
made, so that, regard being had to the particular circumstances of 
each case, such verdict or decree may be rendered as will effect sub- 
stantial justice between the parties: And provided further, That all 
prosecutions now pending under any act or acts of the general assem- 
bly, passed to aid or assist in the war against the United States, shall 
be discontinued. 

Sec. 5. The general assembly of this State is hereby forever pro- 
hibited from passing any law imposing civil disabilities, forfeiture 
of property or of other rights, or punishment of any kind, on any 
citizen or resident of this State, or persons owning property therein, 
for the relation of such citizen, resident, or person to,_or his or her 
conduct in reference to, the late secession of this State from the 
Federal Union, or the War which grew out of the same, or for any 
participation, aid, counsel, or assistance therein. 

Sec. 0. The judges of the several courts in this State, and other 
judicial officers, the attorney-general and solicitors, president and 
directors of the Bank of the State of South Carolina, the secretary 
of state, commisioners of the treasury, surveyor-general, and all dis- 
trict and other officers who derive their authority from or under the 
executive, legislative, or judicial departments, who were holding and 
exercising office before and on the twenty-sixth day of April last, 
or had before that day been elected thereto, are, in the regard of the 
State, (except where vacancies have since occurred, or may occur. by 
reason of death, expiration of term, or otherwise, under the laws of 
the State.) still holding their respective offices, and are entitled to 
hold and exercise the same by the original tenure thereof for the 
residue of the terms for which they were severally elected or ap- 
pointed: Provided, however, That every person so holding office Iras 
heretofore taken and subscribed, or shall, before the first day of 
December next, take and subscribe, before some officer properly 
auththorized to administer the same, the oath prescribed and required 
in the proclamation of His Excellency Andrew Johnson, President 
of the United States, of the twenty-ninth day of May last, commonly 



South Carolina— 1868 3281 

called the "amnesty proclamation;" and upon failure to comply 
with the requirements of this proviso, the office of such person shall 
be thereupon vacant, and shall be filled in the manner provided by 
law in cases of vacancy otherwise occurring. 

Done at Columbia, the twenty-seventh day of September, in the 
year of our Lord one thousand eight hundred and sixty-five. 

D. L. Wardlaw, President.. 

John T. Sloan, Clerk. 

CONSTITUTION OF SOUTH CAROLINA— 1868 :; " 

AVe, the people of the State of South Carolina, in convention assem- 
bled, grateful to Almighty God for this opportunity, deliberately 
and peaceably, of entering into an explicit and solemn compact with 
each other, and forming a new constitution of civil government for 
ourselves and posterity, recognizing the necessity of the protection of 
the people in all that pertains to their freedom, safety, and tran- 
quillity, and imploring the direction of the Great Legislator of the 
universe, do agree upon, ordain, and establish the following declara- 
tion of rights and form of government as the constitution of the com- 
monwealth of South Carolina : 

Article I 

DECLARATION OF RIGHTS AND FORM OF GOVERNMENT AS THE CONSTITU- 
TION OF THE COMMONWEALTH OF SOUTH CAROLINA 

Section 1. All men are born free and equal, endowed by their 
Creator with certain inalienable rights, among which are the rights 
of enjoying and defending their lives and liberties, of acquiring, pos- 
sessing, and protecting property, and of seeking and obtaining their 
safety and happiness. 

Sec. 2. Slavery shall never exist in this State; neither shall invol- 
untary servitude, except as a punishment for crime, whereof the party 
shall have been duly convicted. 

Sec. 3. All political power is vested in and derived from the people 
only; therefore they have the right at all times to modify their form 
of government in such manner as they may deem expedient, when the 
public good demands. 

Sec. 4. Every citizen of this State owes paramount allegiance to 
the Constitution and Government of the United States, and no law or 
ordinance of this State in contravention or subversion thereof can 
have any binding force. 

Sec. 5. This State shall ever remain a member of the American 
Union, and all attempts, from whatever source, or upon whatever 

* Verified by " The Constitution of the State of South Carolina, adopted by the 
Constitutional Convention, Columbia, S. C. James Woodrow, State Printer, 
L881." 

a This constitution was framed by a convention (called under the reconstruc- 
tion acts of Congress by Major-General Canby) which assembled at Charleston 
January 14, 1868, and completed its labors March 17, 1868. It was submitted 
to the people April 14 and 16, 1868, and ratified by 70,558 votes against 27,288 
votes. 



3282 South Carolina— 1868 

pretext, to dissolve the said Union, shall be resisted with the whole 
power of the State. 

Sec. 6. The right of the people peaceably to assemble to consult 
for the common good, and to petition the government or any depart- 
ment thereof, shall never be abridged. 

Sec. 7. All persons may freely speak, write, and publish their senti- 
ments on any subject, being responsible for the abuse of that right: 
and no laws shall be enacted to restrain or abridge the liberty <>1" 
speech or of the press. 

Sec. 8. In prosecutions for the publication of papers investigating 
the official conduct of officers 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 and the facts. 

Sec. 9. No person shall be deprived of the right to worship God 
according to the dictates of his own conscience: Provided, That the 
liberty of conscience hereby declared shall not justify practices incon- 
sistent with the peace and moral safety of society. 

Sec. 10. No form of religion shall be established by law; but it 
shall be the duty of the general assembly to pass suitable laws to pro- 
tect vvcvy religious denomination in the peaceable enjoyment of its 
own mode of worship. 

Sec. 11. The right of trial by jury shall remain inviolable. 

Sec. 12. No person shall be disqualified as a witness, or be pre- 
vented from acquiring, holding, and transmitting property, or be 
hindered in acquiring education, or be liable to any other punishment 
for any offence, or be subjected in law to any other restraints or dis- 
qualifications in regard to any personal rights than such as are laid 
upon others under like circumstances. 

Sec. 13. No person shall be held to answer for any crime or offence 
until the same is fully, fairly, plainly, substantially, and formally 
described to him ; or be compelled to accuse or furnish evidence 
against himself; and every person shall have a right to produce all 
proofs that may be favorable to him, to meet the witnesses against 
him face to face, to have a speedy and public trial by an impartial 
jury, and to be fully heard in his defence by himself or by his counsel, 
or by both, as he may elect. 

Sec. 14. No person shall be arrested, imprisoned, despoiled, or dis- 
possessed of his property, immunities, or privileges, put out of the 
protection of the law, exiled, or deprived of his life, liberty, or estate, 
but b}^ 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 
to punishment without trial by jury; nor shall he be punished but by 
virtue of a law already established or promulgated prior to the 
offence, and legally applied. 

Sec. 15. All courts shall be public; and every person, for any in- 
jury that he may receive in his lands, goods, person, or reputation, 
shall have remedy by due course of law T , and justice administered 
without unnecessary delay. 

Sec. 16. All persons shall, before conviction, be bailable by sufficient 
sureties, except for capital offences, when the proof is evident or the 
presumption great ; and excessive bail shall not in any case be re- 
quired, nor corporal punishment inflicted. 



South Carolina— 1868 3283 

Sec. 17. The privilege of the writ of habeas corpus shall not be sus- 
pended, except when, in case of insurrection, rebellion, or invasion, 
the public safety may require it. 

Sec. I s . No person, after having been once acquitted by a jury, 
shall again, for the same offence, be put in jeopardy of his life or 
liberty. 

Sec. 19. All offences less than felony, and in which the punishment 
does not exceed a fine of one hundred dollars, or imprisonment for 
thirty days, shall be tried summarily before a justice of the peace, or 
other officer authorized by law. on information under oath, without 
indictment or intervention of a grand jury, saving to the defendant 
the right of appeal; and no person shall be held to answer for any 
higher crime or offence unless on presentment of a grand jury, except 
in cases arising in the land and naval service, or in the militia when 
in actual service in time of war or public danger. 

Sec. 20. No person shall be imprisoned for debt, except in cases of 
fraud; and a reasonable amount of property, as a homestead, shall be 
exempted from seizure or sale for the payment of any debts or lia- 
bilities, except for the payment of such obligations as are provided 
for in this constitution. 

Sec. 21. Xo bill of attainder, '.'■ post facto law. nor any law impair- 
ing the obligation of contract-, shall ever be enacted: and no convic- 
tion shall work corruption of blood or forfeiture of estate. 

Sec. 22. All persons have a right to be secure from unreasonable 
searches, or seizure of their persons, house-, papers or possessions. 
All warrants shall be supported by oath or affirmation, and the order 
of the warrant to a civil officer to make search or seizure in suspected 
places, or to arresl one or more suspected persons, or to seize their 
property, shall be accompanied with a special designation of the per- 
son-, or object- of search, arrest, or seizure, and no warrant shall be 
issued but in the cases and with the formalities prescribed by the 
laws. 

Sec. 23. Private property shall not be taken or applied for public 
use. or for the use of corporations, or for private use, without the con- 
sent of the owner or a just compensation being made therefor: Pro- 
vided, howi ver, That laws may be made securing to persons or cor- 
porations the right of way over the lands of either persons or corpora- 
tions, and, for works of internal improvement, the right to establish 
depot.-, stations, turnouts, &c. : but a just compensation shall, in all 
cases, be first made to the owner. 

Sec. 24. The power of suspending the laws, or the execution of the 
laws, shall never be exercised but by the general assembly, or by 
authority derived therefrom; to be exercised in such particular cases 
only as the general assembly shall expressly provide for. 

Sec. 25. No person shall, in any case, be subject to martial law, or 
to any pains or penalties by virtue of that law, except those employed 
in the Army or Navy of the United States, and except the militia in 
actual service, but by authority of the general assembly. 

Sec. 26. In the government of this commonwealth, the legislative, 
executive, and judicial powers of the government shall be forever 
separate and distinct from each other, and no person or persons exer- 
cising the functions of one of said departments shall assume or dis- 
charge the duties of any other. 



3284 South Carolina t868 

Sec. 27. The general assembly ought frequently to assemble for the 
redress of grievances, and for making new laws, as the common good 
may require. 

Sec. 28. The people have a right to keep and hoar arms for the 
common defence. As, in limes of peace, armies are dangerous to 
liberty, they ought not to be maintained without the consent of the 
general assembly. The military power ought always to be held in as 
exact subordination to the civil authority, and be governed by it.' 

Sec. 29. In time of peace, no soldier shall be quartered in any 
house without the consent of the owner: and in time of war. such 
quarters shall not he made but in a manner prescribed by law. 

Sec. :'>(). No person who conscientiously scruples to hear arms shall 
be compelled so to do; hut he shall pay an equivalent for persona] 
service. 

Sec. 31. All elections shall be free and open, and every inhabitant 
of this commonwealth possessing the qualifications provided for in 
this constitution shall have an equal righl to elect officers and he 
elected to lill public office. 

Sec 32. No property qualification shall he necessary for an election 
to or the holding of any office, and no office shall he created, the 
appointment to which shall he for a longer time than good behavior. 
After the adoption of this const it ut ion, any person who shall fight a 
chad, or send or accept a challenge for that purpose, or he an aider 
or abetter in fighting a duel, shall he deprived of holding any office 
of honor or trust in this State, and shall he otherwise punished, as 
the law shall prescribe. 

Sec ;').">. The fight of suffrage shall he protected by laws regulating 
elections, and prohibiting, under adequate penalties, all undue in- 
fluences from power, bribery, tumult, or improper conduct. 

Sec. 34. Representation shall be apportioned according to popula- 
tion, and no person in this State shall he disfranchised, or deprived 
of any of the rights or privileges now enjoyed, except by the law of 
the land or the judgment of his peers. 

Sec. 35. Temporary absence from the State shall not forfeit a 
residence once obtained. 

Sec. 36. All property subject to taxation shall he taxed in propor- 
tion to its value. Each individual of society has a right to he pro- 
tected in the enjoyment of life, liberty, and property, according to 
standing laws. He should, therefore, contribute his share to the 
expense of his protection, and give his personal service, when neces- 
sary. 

Sec. 37. No subsidy, charge, impost, tax, or duties shall be estab- 
lished, fixed, laid, or levied, under any pretext whatsoever, without 
the consent of the people, or their representatives, lawfully assembled. 

Sec 38. Excessive fines shall not he imposed, nor cruel and unusual 
punishment inflicted, nor shall witnesses be unreasonably detained. 

Sec 30. No title of nobility or hereditary emolument shall ever be 
granted in this State. Distinction, on account of race or color, in 
any case whatever, shall be prohibited, and all classes of citizens shall 
enjoy, equally, all common, public, legal, and political privileges. 

Sec 40. All navigable waters shall remain forever public highways, 
free to the citizens of the State and the United States, without tax, 
impost, or toll imposed; and no tax, toll, impost, or wharfage shall 



South Carolina-- J 868 3285 

be imposed, demanded, or received from the owner of any merchan- 
dise or commodity for the use of the shores or any wharf erected on 
the shores or in or over the waters of any navigable stream, unless 
the same be authorized by the general assembly. 

Sec. 41. The enumeration of rights in this constitution shall not 
be construed to impair or deny others retained by the people, and all 
powers not herein delegated remain with the people. 

Article II 

LEGISLATIVE DEPARTMENT 

Section 1. The legislative power of this State shall be vested in 
two distinct branches, the one to be styled the senate, and the other 
the house of representatives, and both together the general assembly 
of the State of South Carolina. 

Sec. ± The house of representatives shall be composed of members 
chosen by ballot every second year by the citizens of this State. 
qualified as in this constitution is provided. 

Sec. 3. The judicial districts shall hereafter be designated as 
counties, and the boundaries of the several counties shall remain as 
they are now established, except the county of Pickens, which is here- 
by divided into two counties, by a line leaving the southern boundary 
of the State of North Carolina where the White Water River enters 
this State, and thence down the centre of said river, by whatever 
names known, to Ravenel's Bridge, on Seneca River, and thence along 
the centre of the road leading to Pendleton Village, until it inter- 
sects the line of the county of Anderson; and the territory lying east 
of said line shall be known as the county of Pickens, and the territory 
lying west of said line shall be known as the county of Oconee: Pro- 
vided^ That the general assembly shall have the power at any time to 
organize new counties, by changing the boundaries of any of the old 
ones; but no new county shall be hereafter formed of less extent than 
six hundred and twenty-five square miles, nor shall any existing 
counties be reduced to a less extent than six hundred and twenty-five 
square miles. Each county shall constitute one election district. 

Sec. 4. The house of representatives shall consist of one hundred 
and twenty-four members, to be apportioned among the several 
counties according to the number of inhabitants contained in each. 
An enumeration of the inhabitants, for this purpose, shall be made in 
eighteen hundred and sixty-nine, and again in eighteen hundred and 
seventy-five, and shall be made in the course of every tenth year there- 
after, in such manner as shall be by law directed; and representatives 
shall be assigned to the different counties in the above-mentioned 
proportion, by act of the general assembly, at the session immediately 
succeeding every enumeration: Provided, That until the apportion- 
ment which shall be made upon the next enumeration shall take effect, 
the representation of the several counties, as herein constituted, shall 
be as follows: Abbeville, five; Anderson, three: Barnwell, six; Beau- 
fort, seven; Charleston, eighteen; Chester, three; Clarendon, two; 
Colleton, five: Chesterfield, two: Darlington, four; Edgefield, seven; 
Fairfield, three; Georgetown, three: Greenville, four; Horry, two: 
Kershaw, three; Lancaster, two: Laurens, four; Lexington, two; 

TLT.4— vol H— O!) 7 



3286 South Carolina— 1868 

Marion, four; Marlboro, two; Newberry, three; Oconee, two; Orange- 
burg, five; Pickens, one; Richland, four; Spartanburg, four; Sumter, 
four ; Union, three ; Williamsburg, three ; York, four. 

Sec. 5. If the enumeration herein directed shall not be made in the 
course of the year appointed for the purpose, it shall be the duty of 
the governor to have it effected as soon thereafter as shall be practi- 
cable. 

Sec. 6. In assigning representatives to the several counties, the gen- 
eral assembly shall allow one representative to every one hundred and 
twenty-fourth part of the whole number of inhabitants in the State: 
Provided, That if in the apportionment of representatives any county 
shall appear not to be entitled, from its population, to a representative, 
such county shall nevertheless send one representative; and if there be 
still a deficiency of the number of representatives required by section 
fourth of this article, such deficiency shall be supplied by assigning 
representatives to those counties having the largest surplus fractions. 

Sec. 7. No apportionment of representatives shall be construed to 
take effect, in any manner, until the general election which shall suc- 
ceed such apportionment. 

Sec. 8. The senate shall be composed of one member from each 
county, to be elected, for the term of four years, by the qualified voters 
of the State, in the same manner in which members of the house of 
representatives are chosen; except the county of Charleston, which 
shall be allowed two senators. 

Sec. i>. Upon the meeting of the first general assembly which shall 
be chosen under the provisions of this constitution, the senators shall 
be divided, by lot, into two classes as nearly equal as may be; the 
seats of the senators of the first class to be vacated at the expiration of 
two years after the Monday following the general election, and of 
those of the second class at the expiration of four years; so that, 
except as above provided, one-half of the senators may be chosen 
every second year. 

Sec. 10. No person shall be eligible to a seat in the senate or house 
of representatives who, at the time of his election, is not a citizen of 
the United States; nor any one who has not been for one year next 
preceding his election a resident of this State, and for three months 
next preceding his election a resident of the county whence he may 
be chosen, nor any one Avho has been convicted of an infamous crime. 
Senators shall be at least twenty-five, and representatives at least 
twenty-two years of age. 

Sec. 11. The first election for senators and representatives, under 
the provisions of this constitution, shall be held on the 14th, 15th, 
and 16th days of April, of the present year; and the second election 
shall be held on the third Wednesday in October, 1870, and forever 
thereafter on the same day in every second year, in such manner and 
at such places at the general assembly may hereafter provide. 

Sec. 1:2. The first session of the general assembly after the ratifi- 
cation of 4liis constitution shall be convened on the second Tuesday of 
May, of the present year, in the city of Columbia, (which shall 
remain the scat of government until otherwise determined by the con- 
currence of two-thirds of both branches of the whole representation,) 
and thereafter on the fourth Tuesday in November annually. Should 
l lie casualties of war or contagious diseases render it unsafe to meet 



South Carolina— 1868 3287 

at the seat of government, then the governor may. by proclamation, 
appoint a more secure and convenient place of meeting. 

Sec 13. The terms of office of the senators and representatives 
chosen at a general election shall begin on the Monday following such 
election. 

Sec. 14. Each house shall judge of the election returns and quali- 
fications of its own members; and a majority of each house shall 
constitute a quorum to do business; but a smaller number may 
adjourn from day to day, and may compel the attendance of absent 
members in such manner and under such penalties as may be provided 
by law. 

Sec. IT). Each house shall choose its own officers, determine its 
rules of proceedings, punish its members for disorderly behavior, 
and, with the concurrence of two-thirds, expel a member, but not a 
second time for the same cause. 

Sec. l('). Each house may punish by imprisonment, during its sit- 
ting, any person not a member who shall be guilty of disrespect to 
the house by any disorderly or contemptuous behavior in its presence, 
or who, during the time of its sitting" shall threaten harm to body 
or estate of any member for anything said or done in either house, or 
who shall assaidt any of them therefor, or who shall assault or arresi 
any witness or other person ordered to attend the house, in his going 
thereto or returning therefrom, or who shall rescue any person 
arrested by order of the house: Provided, That such time of impris- 
onment shall not in any case extend beyond the session of the general 
assembl} T . 

Sec. IT. The members of both houses shall be protected in their 
persons and estates during their attendance on, going to, and return- 
ing from the general assembly, and ten days previous to the sitting, 
and ten' days after the adjournment thereof. But these privileges 
shall not be extended so as to protect any member who shall be 
charged with treason, felony, or breach of the peace. 

Sec. 18. Bills for raising a revenue shall originate in the house of 
representatives, but may be altered, amended, or rejected by the sen- 
ate; and all other bills may originate in either house, and may be 
amended, altered, or rejected by the other. 

Sec. ID. The style of all laws shall be, "Be it < nacted by the senate 
and house of representatives of the state of South Carolina, now met 
and sitting in general assembly, and 1>ij the authority of the same.'''' 

Sec. 20. Every act or resolution having the force of law shall 
relate to but one subject, and that shall be expressed in the title. 

Sec. 21. No bill shall have the force of lavr until it shall have been 
read three times, and on three several days, in each house, has had the 
great seal of state affixed to it. and has been signed in the senate- 
house by the president of the senate and the speaker of the house of 
representatives. 

Sec. 22. No money shall be drawn from the treasury but in pursu- 
ance of an appropriation made by law; and a regular statement and 
account of the receipts and expenditures of all public moneys shall 
be published annually, in such manner as may be by law directed. 

Sec. 23. Each member of the first general assembly under this con- 
stitution shall receive six dollars per diem while in session, and the 
further sum of twenty cents for every mile of the ordinary route of 



3288 South Carolina— 1868 

travel in going to and returning from the place .where such session is 
held; after which they shall receive such compensation as shall be 
fixed by law; but no general assembly shall have the power to increase 
the compensation of its own members. And when convened in extra 
session they shall receive the same mileage and per-diem compensa- 
tion as are fixed by law for the regular session, and none other. 

Sec. 24. In all elections by the genera! assembly, or either house 
thereof, the members shall vote viva voce, and their votes, thus given, 
shall be entered upon the journal of the house to which they respec- 
tively belong. 

Sec. 25. Neither house, during the session of the general assembly, 
shall, without the consent of the other, adjourn for more than three 
days, nor to any other place than that in which the assembly shall be 
at the time sitting. 

Sec. 20. Each house shall keep a journal of its own proceedings 
and cause the same to be published immediately after its adjourn- 
ment, excepting stieh parts as in its judgment may require secrecy; 
and the yeas and nays of the members of either house, on any ques- 
tion, shall, at the desire of any two members present, be entered on 
the journals. Any member of either house shall have liberty to dis- 
sent from, and protest against, any act or resolution which he may 
think injurious to the public or to an individual, and have the rea- 
sons of his dissent entered on the journals. 

Sec. 27. The doors of each house shall be open, except on such 
occasions as in tln> opinion of the house may require secrecy. 

Sec. 28. No person shall be eligible to a seat in the general assem- 
bly whilst he holds any office of profit or trust under this State, the 
United States of America, or any of them, or under any other power, 
except officers in the militia, magistrates, or justices of inferior courts, 
while such justices receive no salary. And if any member shall 
accept or exercise any of the said disqualifying offices, he shall vacate 
his seat: Provided, That this prohibition shall not extend to the 
members of the first general assembly. 

Sec. 20. If any election district shall neglect to choose a member 
or members on the day of election, or if any person chosen a member 
of either house shall refuse to qualify and take his seat, or shall 
resign, die, depart the State, accept any disqualifying office, or become 
otherwise disqualified to hold his seat, a writ of election shall be 
issued by the president of the senate, or speaker of the house of rep- 
resentatives, as the case may be, for the purpose of filling the vacancy 
thereby occasioned, for the remainder of the term for which the per- 
son so refusing to qualify, resigning, dying, departing the State, or 
becoming disqualified, was elected to serve, or the defaulting election 
district ought to have chosen a member or members. 

Sec 30. Members of the general assembly, and all officers before 
they enter upon the execution of the duties of their respective offices, 
and all members of the bar, before they enter upon the practice of 
their professions, shall take and subscribe the following oath : 

" I do solemnly swear [or affirm, as the case may be] that I am 
duly qualified according to the Constitution of the United States and 
of this State to exercise the duties of the office to which I have been 
elected, [or appointed,] and that I will faithfully discharge to the 
best of my abilities the duties thereof; that I recognize the supremacy 



South Carolina— 1868 3289 

of the Constitution and laws of the United States over the constitu- 
tion and laws of any State; and that I will support, protect, and 
defend the Constitution of the United States and the constitution of 
South Carolina, as ratified by the people on the sixteenth day of 
April, 1808: So help me God." (And the president of this conven- 
tion is authorized to fill the blanks in this section whenever he shall 
receive satisfactory information of the day on which this constitu- 
tion shall be ratified.) 

Sec. 31. Officers shall be removed for incapacity, misconduct, or 
neglect of duty, in such manner as may be provided by law. when no 
mode of trial or removal is provided in this constitution. 

Sec. 32. The family homestead of the head of each family, residing 
in this State, such homestead consisting of dwelling-house, outbuild- 
ings and lands appurtenant, not to exceed the value of one thousand 
dollars, and yearly product thereof, shall be exempt from attachment, 
levy, or sale on any mesne or final process issued from any court. To 
secure the full enjoyment of said homestead exemption to the person 
entitled thereto, or to the head of any family, the personal property 
of such person, of the following character, to wit : household furni- 
ture, beds and bedding, family library, arms, carts, wagons, farm- 
ing implements, tools, neat cattle, work animals, swine, goats, and 
sheep, not to exceed in value in the aggregate the sum of five hundred 
dollars, shall be subject to a like exemption as said homestead, and 
there shall be exempt in addition thereto all necessary wearing ap- 
parel: Provided, That no property shall be exempt from attachment, 
levy, or sale, for taxes, or for payment of obligations contracted for 
the purchase of said homestead, or the erection of improvements 
thereon: Provided further, That the yearly products of said home- 
stead shall not be exempt from attachment, levy, or sale for the pay- 
ment of obligations contracted in the production of the same. It 
shall be the duty of the general assembly at their first session to 
enforce the provisions of this section by suitable legislation. 

Sec. 33. All taxes upon property, real or personal, shall be laid 
upon the actual value of the property taxed, as the same shall be as- 
certained by an assessment made for the purpose of laying such tax. 

Article III 

EXECUTIVE DEPARTMENT 

Section 1. The supreme executive authority of this State shall be 
vested in a chief magistrate, who shall be styled " the governor of the 
State of South Carolina." 

Sec. 2. The governor shall be elected by the electors duly qualified 
to vote for members of the house of representatives, and shall hold 
his office for two years, and until his successor shall be chosen and 
qualified, and shall be reeligible. He shall be elected at the first 
general election held under this constitution for members of the gen- 
eral assembly, and at each general election thereafter, and shall be 
installed during the first session of the said general assembly after 
his election, on such day as shall be provided for by law. The other 
State officers elect shall, at the same time, enter upon the performance 
of their duties. 



329( ) South ( 'arolina—1868 

Sec. 3. No person shall be eligible to the office of governor who 
denies the existence of the Supreme Being; or who at the time of such 

election has not attained the age of thirty years, and who. except at 
the first election under this constitution, shall not have been a citizen 
of the United States and a citizen and resident of this State for two 
years next preceding the day of election. No person while governor 
shall hold any other office or commission (except in the militia) under 
this State, or any other power, at one and the same time. 

Sec. 4. The returns of every election of governor shall he sealed up 
by the managers of elections in their respective counties, and trans- 
mitted, by mail, to the seat of government, directed to the secretary 
of state, who shall deliver them to the speaker of the house of repre- 
sentatives at the next ensuing session of the general assembly, ami a 
duplicate of said returns shall he filed with the clerks of the courts of 
said counties, whose duty it shall he to forward to the 1 secretary of 
state a certified copy thereof, upon being notified that the returns 
previously forwarded by mail have not been received at his office. 
It shall be the duty of the secretary of state, after the expiration of 
seven days from the day upon which the votes have been counted, if 
the returns thereof from any county have not been received, to notify 
the clerk of the court of said county, and order a copy of the returns 
filed in his office to be forwarded forthwith. The secretary of state 
shall deliver the returns to the speaker of the house of representatives 
at the next ensuing session of the general assembly: and during the 
first week of the session, or as soon as the general assembly shall have 
organized by the election of the presiding officers of the two houses, 
the speaker shall open and publish them in the presence of both 
houses. The person having -the highest number of votes shall be gov- 
ernor; but if two or more shall be equal and highest in votes, the 
general assembly shall, during the same session in the house of repre- 
sentatives, choose one of them governor, viva voce. Contested elec- 
tions for governor shall be determined by the general assembly in such 
manner as shall be prescribed by law. 

Sec. 5. A lieutenant-governor shall be chosen at the same time, in 
the same manner, continue in office for the same period, and be 
possessed of the same qualifications as the governor, and shall, ex 
officio, be president of the senate. 

Sec. 6. The lieutenant-governor, while presiding in the senate, shall 
have no vote, unless the senate be equally divided. 

Sec. 7. The senate shall choose a president pro tempore, to act in 
the absence of the lieutenant-governor, or when he shall exercise the 
office of governor. 

Sec. 8. A member of the senate, or of the house of representatives, 
being chosen and acting as governor or lieutenant-governor, shall 
thereupon vacate his seat, and another person shall be elected in his 
stead. 

Sec. 9. In case of the removal of the governor from his office, or 
his deatk, resignation, removal from the State, or 'inability to dis- 
charge the powers and duties of the said office, the same shall devolve 
on the lieutenant-governor, and the general assembly, at its first ses- 
sion after the ratification of this constitution, shall, by law, provide 
for the case of removal, death, resignation, or inability, both of the 
governor and lieutenant-governor, declaring what officer shall then 



South Carolina 1868 :*291 

act as governor, and such officer shall act accordingly, until such dis- 
ability shall have been removed, or a governor shall have been elected. 

Sec. 10. The governor shall be commander-in-chief of the militia 
of the State, except when they shall be called into the actual service 
of the United States. 

Sec. 11. He shall have power to grant reprieves, and pardon after 
conviction, (except in cases of impeachment.) in such manner, on 
such terms, and under such restrictions as he shall think proper; and 
he shall have power to remit tines and forfeitures, unless otherwise 
directed by law. It shall be his duty to report to the general assem- 
bly, at the next regular session thereafter, all pardons granted by him, 
with a full statement of each case, and the reasons moving him 
thereunto. 

Sec. 12. lie shall take care that the laws be faithfully executed in 
mercy. 

Sec. 13. The governor and lieutenant-governor shall, at stated 
times, receive for their services a compensation, which shall be neither 
increased nor diminished during the period for which they shall have 
been elected. 

Sec. 14. All officers in the executive department shall, when re- 
quired by the governor, give him information in writing upon any 
subject relating to the duties of their respective offices. 

Sec. IT). The governor shall, from time to time, give to the general 
assembly information of the condition of the State, and recommend 
to their consideration such measures as he shall judge necessary or 
expedient. 

Sec. 10. He may. on extraordinary occasions, convene the general 
assembly; and should either house remain without a quorum for five 
days, or in case of disagreement between the two houses with respect 
to the time of adjournment, may adjourn them to such time as he 
shall think proper, not beyond the time of the annual session then 
next ensuing. 

Sec. IT. He shall commission all officers of the State. 

Sec. 18. There shall be a seal of the State, for which the general 
assembly, at its first session, shall provide, and which shall be used 
by the governor officially, and shall be called " The Great Seal of the 
State of South Carolina." 

Sec. 10. All grants and commissions shall be issued in the name and 
by the authority of the State of South Carolina, sealed with the great 
seal, signed by the governor, and countersigned by the secretary of 
state. 

Sec. 20. The governor and the lieutenant-governor, before entering 
upon the duties of their respective offices, shall take and subscribe the 
oath of office as prescribed in article two. section thirty, of this 
constitution. 

Sec. 21. The governor shall reside at the capital of the State; but 
during the sittings of the general assembly he shall reside where its 
sessions are held, except in case of contagion. 

Sec. 22. Every bill or joint resolution which shall have passed the 
general assembly, except on a question of adjournment, shall, before 
it becomes a law, be presented to the governor, and, if he approve, he 
shall sign it, if not, he shall return it, with his objections, to the 
house in which it shall have originated; which shall enter the 



3292 South Carolina— 1868 

objections at large on its journals, and proceed to reconsider it. 
[f, after such reconsideration, two-thirds of that house shall agree 
to pass it, it shall be sent, together with the objections, to the other 
house, by which it shall be reconsidered, and if approved by two- 
thirds of that house, it shall have the same effect as if it had been 
signed by the governor; but in all such cases the vote of both houses 
shall be taken by yeas and nays, and the names of the persons voting 
for and against the bill or joint resolution shall be entered on the 
journals of both houses respectively. If a bill or joint resolution 
shall not be returned by the governor within three days after it shall 
have been presented to him, Sundays excepted, it shall have the same 
force and effect as if he had signed it, unless the general assembly, 
by their adjournment, prevent it ! ret urn, in which case it shall not 
have such force and effect unless returned within two days after their 
next meeting. 

Sec. 23. There shall be elected by the qualified voters of the State 
a comptroller-general, and treasurer, and a secretary of state, who 
shall hold their respective offices for the term of four years, and 
whose duties and compensation shall be prescribed by law. 

Article IV 

JUDICIAL DEPARTMENT 

Section 1. The judicial power of this State shall be vested in a 
supreme court, in two circuit courts, to wit : a court of common pleas, 
having civil jurisdiction, and a court of general sessions, with crim- 
inal jurisdiction only; in probate courts, and in justices of the peace. 
The general assembly may also establish such municipal and other 
inferior courts as may be deemed necessary. . 

Sec. 2. The supreme court shall consist of a chief -justice and two 
associate justices, any two of whom shall constitute a quorum. They 
shall be elected by a joint vote of the general assembly, for the term 
of six years, and shall continue in office until their successors shall be 
elected and qualified. They shall be so classified that one of the 
justices shall go out of office every two years. 

Sec. 3. The chief -justice elected under this constitution shall con- 
tinue in office for six years, and the general assembly immediately 
after the said election shall determine which of the two associate 
justices elect shall serve for the term of two years and which for the 
term of four years; and having so determined the same, it shall be 
the duty of the governor to commission them accordingly. 

Sec. 4. The supreme court shall have appellate jurisdiction only 
in cases of chancery, and shall constitute a court for the correction of 
errors at law, under such regulations as the general assembly may by 
law prescribe: Provided, The said court shall always have power to 
issue writs of injunction, mandamus, quo warranto, habeas corpus, 
and suchjother original and remedial w r rits as may be necessary to 
give it a general supervisory control over all other courts in the State. 

Sec. 5. The supreme court shall be held at least once in each year, 
at the seat of government, and at such other place or places in the 
State as the general assembly may direct. 

Sec. 6. No judge shall preside on the trial of any cause in the event 
of which he may be interested, or where either of the parties shall be 



South Carolina— 1868 ' 3293 

connected with him by affinity or consanguinity, within such degrees 
as may be prescribed by law, or in which he may have been counsel, 
or have presided in any inferior court, except by consent of all the 
parties. In case all or any of the judges of the supreme court shall 
be thus disqualified from presiding in any cause or causes, the court, 
or the judges thereof, shall certify the same to the governor of the 
State, and he shall immediately commission, specially, the requisite 
number of men learned in the law for the trial and determination 
thereof. The same course shall be pursued in the circuit and inferior 
courts as is prescribed in this section for cases of the supreme court. 

Sec. 7. There shall be appointed by the judges of the supreme court 
a reporter and clerk of said court, who shall hold their offices for two 
years, and whose duties and compensation shall be prescribed by law. 

Sec. 8. When a judgment or decree is reversed or affirmed by the 
supreme court, every point made and distinctly stated in writing in 
the cause, and fairly arising upon the record of the case, shall be con- 
sidered and decided; and the reasons therefor shall be concisely and 
briefly stated in writing, and preserved with the records of the case. 

Sec. 9. The judges of the supreme court and circuit courts shall, at 
stated times, receive a compensation for their services, to be fixed by 
law, which shall not be diminished during their continuance in office. 
They shall not be allowed any fees or perquisites of office, nor shall 
they hold any other office of trust or profit under this States the 
United States, or any other power. 

Sec. 10. No person shall be eligible to the office of judge of the 
supreme court or circuit courts who is not at the time of his election 
a citizen of the United States, and has not attained the age of thirty 
years, and been a resident of this State for five years next preceding 
his election, or from the adoption of this constitution. 

Sec. 11. All vacancies in the supreme court, or other inferior tri- 
bunals, shall be filled by election as herein prescribed: Prodded, 
That if the unexpired term does not exceed one year, such vacancy 
may be filled by executive appointment. All judges, by virtue of 
their office, shall be conservators of the peace throughout the State. 

Sec. 12. In all cases decided by the supreme court, a concurrence of 
two of the judges shall be necessary to a decision. 

Sec 13. The State shall be divided into convenient circuits, and 
for each circuit a judge shall be elected by joint ballot of the general 
assembly, who shall hold his office for a term of four years, and dur- 
ing his continuance in office he shall reside in the circuit of which 
he is judge. 

Sec 14. Judges of the circuit court shall interchange circuits with 
each other in such manner as may be determined by law. 

Sec 15. The courts of common pleas shall have exclusive jurisdic- 
tion in all cases of divorce, and exclusive original jurisdiction in all 
civil cases and actions ex delicto, which shall not be cognizable before 
justices of the peace, and appellate jurisdiction in all such cases as 
may be provided by law. They shall have power to issue writs of 
mandamus, prohibition, scire facias, and all other writs which may 
be necessary for carrying their powers fully into effect. 

Sec 16. The court of common pleas shall sit in each judicial dis- 
trict in this State at least twice in every year, at such stated times 
and places as may be appointed by law 7 . It shall have jurisdiction 
in all matters of equity ; but the courts heretofore established for that 



3294 ' South Carolina 1868 

purpose chilli continue ms now organized until the first day of Janu- 
ary, one thousand eighl hundred and sixty-nine for the disposition 
of causes now pending therein, unless otherwise provided by law. 

Sec. IT. The general assembly shall provide by law for the preser- 
vation of the records of the courts of equity, and also for the trans- 
fer to the court of common pleas and probate courts for final decision 
of all causes that may remain undetermined. It shall be the duty of 
the judges of the supreme and circuit courts to Hie their decisions 
within sixty days from the last day of the term of court at which the 
causes were heard. 

Sec. is. The court of general sessions shall have exclusive jurisdic- 
tion over all criminal cases which shall not be otherwise provided 
for by law. It shall sit in each county in the State at least three 
limes in each year, at such stated times and places as the general 
assembly may direct. 

Sec. L9. The qualified electors of each county shall elect three per- 
sons for the term of two years, who shall constitute a hoard of county 
commissioners, which shall have jurisdiction over roads, highways, 
ferries, bridges, and in all matters relating to taxes, disbursements 
of money for county purposes, and in every other case that may he 
necessary to the internal improvement ami local concerns of the 
respective counties: Provided, That in all cases there shall he the 
right of appeal to the State courts. 

Sec. 20. A court of probate shall he established in each county, with 
jurisdiction in all matters testamentary and of administration, in 
business appertaining to minors ami the allotment of dower in cases 
of idiocy and lunacy, and persons n<>n compotes mentis. The judge 
of said court shall be elected by the qualified electors of the respective 
counties for the term of two years. 

Sec. 21. A competent number of justices of the peace and con- 
stables shall be chosen in each county by the qualified electors thereof, 
in such manner as the general assembly may direct; they shall hold 
their offices for a term of two years, and until their successors are 
elected and qualified. They shall reside in the county, city, or beat 
for which they are elected, and the justices of the peace shall be 
commissioned by the governor. 

Sec. '2'2. Justices of the peace, individually, or two or more of them 
jointly, as the general assembly may direct, shall have original juris- 
diction in cases of bastardy, and in all matters of contract, and 
actions for the recovery of fines and forfeitures where the amount 
claimed does not exceed one hundred dollars, and such jurisdiction 
as may lie provided by law in actions ex <lrli<t<>. where the damages 
claimed do not exceed one hundred dollars, and prosecutions for 
assault and battery, and other penal offences less than felony 
punishable by fines only. 

Sec. 23. They may also sit as examining courts, and commit, dis- 
charge, or recognize (except in capital cases) persons charged with 
offences, subject to such regulations as the general assembly may pro- 
vide; they shall also have power to bind over to keep the peace or for 
good behavior. For the foregoing purposes they shall have power 
to issue all necessary processes 

Sec. '24. Every action cognizable before justices of the peace insti- 
tuted by summons or warrant shall be brought before some justice of 



South Carolina— 1 868 3295 

the peace in the county or city where the defendant resides, and in all 
such causes tried by them the right of appeal shall be secured, under 
such rules and regulations as may be provided by law. 

Sec. 25. The judges of probate, comity commissioners, justices of 
the peace, and constables shall receive for their services such compen- 
sation and fees as the general assembly may from time to time by 
lay direct. 

Sec. 26. Judges shall not charge juries in respect to matters of fact, 
but may state the testimony and declare the law. 

Sec. 27. There shall be elected in each county, by the electors 
thereof, one clerk for the court of common pleas, who shall hold his 
office for the term of four years, and until his successor shall be 
elected and qualified. He shall, by virtue of his office, be clerk of all 
other courts of record held therein; but the general assembly may 
provide by law for the election of a clerk, with a like term of office, 
for each or any other of the courts of record, and may authorize the 
judge of the probate court to perform the duties of clerk for his court, 
under such regulations as the general assembly may direct. Clerks 
of courts shall be removable for such cause and in such manner as 
shall be prescribed by law. 

Sec. 28. There shall be an attorney-general for the State, who shall 
perform such duties as may be prescribed by law. He shall be 
elected by the qualified electors of the State for the term of four 
years, and shall receive for his services such compensation as shall be 
fixed by law. 

Sec. 29. There shall be one solicitor for each circuit, who shall 
reside therein, to be elected by the qualified electors of the circuit, 
who shall hold his office for the term of four years, and shall receive 
for his services such compensation as shall be fixed by law. In all 
cases where an attorney for the State of any circuit fails to attend 
and prosecute, according to law. the court shall have power to appoint 
an attorney pro t< //>/><>/■>. 

Sec. 30. The qualified electors of each county shall elect a sheriff 
and a coroner for the term of four years, and until their successors 
are electee! and qualified; they shall reside in their respective counties 
during their continuance in office, and be disqualified for the office a 
second time, if it should appear that they or either of them are in 
default for moneys collected by virtue of their respective offices. 

Sec 31. All writs and processes shall run and all prosecutions shall 
be conducted in the name of the State of South Carolina ; all writs 
shall be attested by the clerk of the court from which they shall be 
issued; and all indictments shall conclude against the peace and 
dignity of the State. 

Sec 32. The general assembly shall provide by law for the speedy 
publication of the decisions of the supreme court made under this 
constitution. 

Sec 33. The first general assembly convened under this constitu- 
tion, at their first session, immediately after their permanent organi- 
zation, shall ratify the amendment to the Constitution of the United 
States known as the fourteenth article, proposed by the Thirty-ninth 
Congress. 

Sec. 34. All contracts,. whether under seal or not, the consideration 
of which were for the purchase of slaves, are hereby declared null 



3296 South Carolina— 1868 

and void and of no effect, and no suit, either at law or equity, shall 
be commenced or prosecuted for the enforcement of such contracts, 
and all proceedings to enforce satisfaction or payment on judgments 
or decrees rendered, recorded, enrolled, or entered upon such con- 
tracts, in any court of this State, are hereby prohibited, and all orders 
heretofore made in this State in relation to such contracts, whereby 
property is held subject to decision as to the validity of such -con- 
tracts, are also hereby declared null and void and of no effect. 

Article V 

Jurisprudence 

Section 1. The general assembly shall pass such laws as may 
be necessary and proper, to decide differences by arbitrators, to be 
appointed by the parties who may choose that summary mode of 
adjustment. 

Sec. ± It shall be the duty of the general assembly to pass the 
necessary laws for the change of venue in all cases, civil and criminal, 
over which the circuit courts have original jurisdiction, upon a 
proper showing, supported by affidavit, that a fair and impartial 
trial cannot be had in the county where such trial or prosecution was 
commenced. 

Sec. 3. The general assembly, at its first session after the adoption 
of this constitution, shall make provision to revise, digest, and 
arrange, under proper heads, the body of our laws, civil and criminal, 
and form a penal code, founded upon principles of reformation, 
and have the same promulgated in such manner as the}' may direct, 
and a like revision, digest, and promulgation shall be made within 
every subsequent period of ten years. That justice may be adminis- 
tered in a uniform mode of pleading without distinction between 
law and equity, they shall provide for abolishing the distinct forms 
of action, and for that purpose shall appoint some suitable person 
or persons, whose duty it shall be to revise, simplify, and abridge 
the rules, practice, pleadings, and forms of the courts now in use in 
this State. 

Article VI 

EMINENT DOMAIN 

Section 1. The State shall have concurrent jurisdiction on all 
rivers bordering on this State, so far as such rivers shall form a 
common boundary to this and any other State bounded by the same, 
and they, together with all other navigable waters within the limits 
of the State, shall be common highways, and forever free, as well to 
the inhabitants of this State as to the citizens of the United States, 
without any tax or impost therefor, unless the same be expressly pro- 
vided for fty the general assembly. 

Sec. v 2. The title to all lands and other property which have here- 
tofore accrued to this State by grant, gift, purchase, forfeiture, 
escheats, or otherwise, shall vest in the State of South Carolina the 
same as though no change had taken place." 



South Carolina— 1868 3297 

Sec. 3. The people of the State are declared to possess the ulti- 
mate property in and to all lands within the jurisdiction of the 
State, and all lands the title to which shall fail from defect of heirs 
shall revert or escheat to the people. 

Article VII 

IMPEACHMENT 

Section 1. The house of representatives shall have the sole power 
of impeachment. A vote of two-thirds of all the members elected 
shall be required for an impeachment, and any officer impeached shall 
thereby be suspended from office until judgment in the case shall have 
been pronounce* I. 

Sec. 2-. All impeachments shall be tried by the senate, and when 
sitting for that purpose they shall be under oath or affirmation. No 
person shall be convicted except by vote of two-thirds of all the mem- 
bers elected. When the governor is impeached, the chief justice of 
the supreme court, or the senior judge, shall preside, with a casting- 
vote in all preliminary questions. 

Sec. 3. The governor and all other executive and judicial officers 
shall be liable to impeachment; but judgment in such case shall not 
extend further than removal from office. The persons convicted 
shall, nevertheless, be liable to indictment, trial, and punishment 
according to law. 

Sec. 4. For any wilful neglect of duty, or other reasonable cause, 
which shall not be sufficient ground of impeachment, the governor 
shall remove any executive or judicial officer on the address of two- 
thirds of each house of the general assembly: Provided, That the 
cause or causes for which said removal may he required shall be stated 
at length in such address and entered on the journals of each house: 
And provided further, That the officer intended to be removed shall 
be notified of such cause or causes, and shall be admitted to a hearing 
in his own defence before any vote for such address; and in all cases 
the vote shall be taken by yeas and nays, and be entered on the jour- 
nals of each house respectively. 

Article VI 1 1 

RIGHT OF SUFFRAGE 

Section 1. In all elections by the people the electors shall vote by 
ballot. 

Sec. 2. Every male citizen of the United States, of the age of 
twenty-one years and upwards, not laboring under the disabilities 
named in this constitution, without distinction of race, color, or 
former condition, who shall be a resident of this State at the time of 
the adoption of this constitution, or who shall thereafter reside in this 
State one year, and in the county in which he offers to vote sixty days 
next preceding any election, shall be entitled to vote for all officers 
that are now. or hereafter may be, elected by the people, and upon all 
questions submitted to the electors at any elections: Provided, That 



3298 South Carolina— 1 868 

no person shall be allowed to vote or hold office who is now or here- 
after may be disqualified therefor by the Constitution of the United 
States, until such disqualification shall be removed by the Congress of 
the United States: Provided further, That no person, while kept in 
any almshouse or asylum, or of unsound mind, or confined in any 
public prison, shall be allowed to vote or hold office. 

Sec. 3. It shall be the duty of the general assembly to provide from 
time to time for the registration of all electors. 

Sec. 4. For the purpose of voting, no person shall be deemed to 
have lost his residence by reason of absence while employed in the 
service of the United States, nor while engaged upon the waters of 
this State or the United States, or of the high seas, nor while tem- 
porarily absent from the State. 

Sec. 5. No soldier, seaman, or marine in the Army or Navy of the 
United States shall be deemed a resident of this State in consequence 
of having been stationed therein. 

Sec. 6. Electors shall, in all cases, except treason, felony, or breach 
of the peace, be privileged from arrest and civil process during their 
attendance at elections, and in going to and returning from the same. 

Sec. 7. Every person entitled to vote at any election shall be eligible 
to any office which now is or hereafter shall be elective by the people 
in the county where he shall have resided sixty days previous to 
such election, except as otherwise provided in this constitution or the 
Constitution and laws of the United States. 

Sec. 8. The general assembly shall never pass any law that will 
deprive any of the citizens of this State of the right of suffrage, 
except for treason, murder, robbery, or duelling, whereof the persons 
shall have been duly tried and convicted. 

Sec. 9. Presidential electors shall be elected by the people. 

Sec. 10. In all elections held by the people under this constitution, 
the person or persons who shall receive the highest number of votes 
shall be declared elected. 

Sec. 11. The provision of this constitution concerning the term of 
residence necessary to enable persons to hold certain offices therein 
mentioned shall not be held to apply to officers chosen by the people 
at the first election, or by the general assembly at its first session. 

Sec. 12. No person shall be disfranchised for felony, or other 
crimes committed while such person was a slave. 

Article IX 

FINANCE AND TAXATION 

Section 1. The general assembly shall provide by law for a uni- 
form and equal rate of assessment and taxation, and shall prescribe 
such regulations as shall secure a just valuation for taxation of all 
property, •real, personal, and possessory, except mines and mining 
claims, the proceeds of which alone shall be taxed ; and also excepting 
such property as may be exempted by law for municipal, educational, 
literary, scientific, religious, or charitable purposes. 

Sec' 2. The general assembly may provide annually for a poll-tax, 
not to exceed one dollar on each poll, which shall be applied exclu- 
sively to the public-school fund. And no additional poll-tax shall 
be levied by any municipal corporation. 



South Carolina 1868 3299 

Sec. 3. The general assembly shall provide for an annual tax suffi- 
cient to defray the estimated expenses of the State for each year; 
and whenever it shall happen that such ordinary expenses of the 
State for any year shall exceed the income of the State for such year, 
the general assembly shall provide for levying a tax for the ensuing 
year sufficient, with other sources of income, to pay the deficiency of 
the preceding year, together with the estimated expenses of the 
ensuing year. 

Sec. 4. No tax shall be levied except in pursuance of a law, which 
shall distinctly state the object of the same; to which object such tax 
shall be applied. 

Sec. 5. It shall be the duty of the general assembly to enact laws 
for the exemption from taxation of all public schools, colleges, and 
institutions of learning, all charitable institutions in the nature of 
asylums for the infirm, deaf and dumb, blind, idiotic, and indigent 
persons, all public libraries, churches, and burying-grounds: but 
property of associations and societies, although connected with chari- 
table objects, shall not be exempt from State, county, or municipal 
taxation : Provided, That this exemption shall not extend beyond the 
buildings and premises actually occupied by such schools, colleges, 
institutions of learning, asylums, libraries, churches, and burying- 
grounds, although connected with charitable objects. 

Sec. 6. The general assembly shall provide for the valuation and 
assessment of all lands and the improvements thereon prior to the 
assembling of the general assembly of one thousand eight hundred 
and seventy, and thereafter on every fifth year. 

Sec. 7. For the purpose of defraying extraordinary expenditures, 
the State may contract public debts: but such debts shall be author- 
ized by law for some single object, to be distinctly specified therein; 
and no such law shall take effect until it shall have been passed by 
the vote of two-thirds of the members of each branch of the general 
assembly, to be recorded by yeas and nays on the journals of each 
house, respectively; and every such law shall levy a tax annually 
sufficient to pay the annual interest of such debt. 

Sec. 8. The corporate authorities of counties, townships, school 
districts, cities, towns, and villages may be vested with power to 
assess and collect taxes for corporate .purposes ; such taxes to be uni- 
form in respect to persons and property, within the jurisdiction of 
the body imposing the same. And the general assembly shall require 
that all the property, except as heretofore exempted within the limits 
of municipal corporations, shall be taxed for the payment of debts 
contracted under authority of law. 

Sec. 9. The general assembly shall provide for the incorporation 
and organization of cities and towns, and shall restrict their powers 
of taxation, borrowing money, contracting debts, and loaning their 
credit. 

Sec. 10. No scrip, certificate, or other evidence of State indebted- 
ness shall be issued, except for the redemption of stock, bonds, or other 
evidences of indebtedness previously issued, or for such debts as are 
expressly authorized in this constitution. 

Sec. 11. An accurate statement of the receipts and expenditures of 
the public money shall be published with the laws of each regular 
session of the general assembly in such manner as may by law be 
directed. 



3300 South Carolina— 1868 

Sec. 12. No money shall be drawn from the treasury but in pur- 
suance of appropriations made by law. 

.Sec. 13. The fiscal year shall commence on the first day of Novem- 
ber in each year. 

Sec. 14. Any debt contracted by the State shall be by loan on State 
bonds, of amounts not less than fifty dollars each, on interest, payable 
within twenty years after the final passage of the law authorizing 
such debt. A correct registry of all such bonds shall be kept by the 
treasurer in numerical order, so as always to exhibit the number and 
amount unpaid and to whom severally made payable. 

Sec. 15. Suitable laws shall be passed by the general assembly for 
the safe-keeping, transfer, and disbursement of the State, county, and 
school funds; and all officers and other persons charged with the 
same shall keep an accurate entry of each sum received and of each 
payment and transfer, and shall give such security for the faithful 
discharge of such duties as the general assembly may provide. And 
it shall be the duty of the general assembly to pass laws making 
embezzlement of such funds a felony, punishable by fine and imprison- 
ment, proportioned to the amount of deficiency or embezzlement ; and 
the party convicted of such felony shall be disqualified from ever 
holding any office of honor or emolument in this State: Provided, 
however, That the general assembly, by a two-thirds vote, may 
remove the disability upon payment in full of the principal and 
interest of the sum embezzled. 

Sec. 16. No debt contracted by this State in behalf of the late 
rebellion, in whole or in part, shall ever be paid. 

Article X 

education 

Section 1. The supervision of public instruction shall be vested in 
a State superintendent of education, who shall be elected by the quali- 
fied electors of the State in such manner and at such time as the other 
State officers are elected; his powers, duties, term of office, and com- 
pensation shall be defined by the general assembly. 

Sec. 2. There shall be elected, biennially, in each county, by the 
qualified electors thereof, one school commissioner, said commis- 
sioners to constitute a State board of education, of which the State 
superintendent shall, by virtue of his office, be chairman ; the powers, 
duties, and compensation of the members of said board shall be 
determined by law. 

Sec. 3. The general assembly shall, as soon as practicable after the 
adoption of this constitution, provide for a liberal and uniform sys- 
tem of free public schools throughout the State, and shall also make 
provision for the division of the State into suitable school districts. 
There shall be kept open, at least six months in each year, one or more 
schools in each school district. 

Sec. 4. It shall be the duty of the general assembly to provide for 
the compulsory attendance, at either public or private schools, of all 
children between the ages of six and sixteen years, not physically or 
mentally disabled, for a term equivalent to twenty-four months, at 
least: Provided, That no law to that effect shall be passed until a 



South Carolina— 1868 3301 

system of public schools has been thoroughly and completely organ- 
ized, and facilities afforded to all the inhabitants of the State for the 
free education of their children. 

Sec 5. The general assembly shall levy, at each regular session 
after the adoption of this constitution, an annual tax on all taxable 
property throughout the State for the support of public schools, 
which tax shall be collected at the same time and by the same agents 
as the general State levy, and shall be paid into the treasury of the 
State. There shall be assessed on all taxable polls in the State an 
annual tax of one dollar on each poll, the proceeds of which tax shall 
be applied solely to educational purposes: Provided, That no person 
shall ever be deprived of the right of suffrage for the non-payment of 
said tax. No other poll or capitation tax shall be levied in the State, 
nor shall the amount assessed on each poll exceed the limit given in 
this section. The school-tax shall be distributed among the several 
school districts of the State in proportion to the respective number of 
pupils attending the public schools. No religious sect or sects shall 
have exclusive right to or control of any part of the school-funds of 
the State, nor shall sectarian principles be taught in the public schools. 

Sec. 6. Within five years after the first regular session of the gen- 
eral assembly, following the adoption of this constitution, it shall be 
the duty of the general assembly to provide for the establishment 
and support of a State normal school, which shall be open to all per- 
sons who may wish to become teachers. 

Sec. 7. Educational institutions for the benefit of all the blind, 
deaf, and dumb, and such other benevolent institutions as the public 
good may require, shall be established and supported by the State, 
subject to such regulations as may be prescribed by law. 

SEc. 8, Provisions shall be made by law, as soon as practicable, 
for the establishment and maintenance of a State reform school for 
juvenile offenders. 

Sec 9. The general assembly shall provide for the maintenance of 
the State university, and, as soon as practicable, provide for the 
establishment of an agricultural college, and shall appropriate the 
land given to this State for the support of such a college, by the act 
of Congress, passed July second, one thousand eight hundred and 
sixty-two, or the money or scrip, as the case may be, arising from the 
sale of said lands, or any lands which may hereafter be given or 
appropriated for such purpose, for the support and maintenance of 
such college, and may make the same a branch of the State university, 
for instruction in agriculture, the mechanic arts, and the natural 
sciences connected therewith. 

Sec 10. All the public schools, colleges, and universities of this 
State, supported in whole or in part by the public funds, shall be free 
and open to all the children and youths of the State, without regard 
to race or color. 

Sec 11. The proceeds of all lands that have been or hereafter may 
be given by the United States to this State for educational purposes, 
and not otherwise appropriated by this State or the United States,' 
and of all lands or other property given by individuals, or appro- 
priated by the State for like purposes, and of all estates of deceased 
persons who have died without leaving a will or heir, shall be 
securely invested and sacredly preserved as a State school- fund, and 

7254— VOL (1— Of) S 



3.302 South Carolina— 1868 

the annual interest and income of said fund, together with such other 
means as the general assembly may provide, shall be faithfully 
appropriated for the purpose of establishing and maintaining free 
public schools, and for no other purposes or uses whatever. 

Article XI 

CHARITABLE AM) PENAL INSTITUTIONS 

Section 1. Institutions for the benefit of the insane, blind, deaf 
and dumb, and the poor shall always be fostered and supported by 
this State, and shall be subject to such regulations as the general 
assembly may enact. 

Sec. 2. The directors of the penitentiary shall be elected or ap- 
pointed, as the general assembly may direct. 

Sec. 3. The directors of the benevolent and other State institu- 
tions, such as may be hereafter created, shall be appointed by the 
governor, by and with the consent of the senate; and upon all 
nominations made by the governor, the question shall be taken by 
yeas and nays, and entered upon the journals. 

Sec. 4. The governor shall have power to fill all vacancies that may 
occur in the offices aforesaid, until the next session of the general 
assembly, and until a successor or successors shall be appointed and 
confirmed. 

Sec. 5. The respective counties of this State shall make such pro- 
vision as may be determined by law, for all those inhabitants who by 
reason of age and infirmities or misfortunes may have a claim upon 
the sympathy and aid of society. 

Sec. ('). The physician of the lunatic asylum, who shall be super- 
intendent of the same, shall be appointed by the governor, with the 
advice and consent of the senate. All other necessary officers and 
employes shall be appointed by the governor. 

Article XII 

CORPORATIONS 

Section 1. Corporations may be formed under general laws, but 
all such laws may from time to time be altered or repealed. 

Sec. 2. The property of corporations now existing or hereafter 
created shall be subject to taxation, except in cases otherwise pro- 
vided for in this constitution. 

Sec. 3. No right of way shall be appropriated to the use of any cor- 
poration until full compensation therefor shall be first made, or 
secured by a deposit of money, to the owner, irrespective of any 
benefit from any improvement proposed by such corporation, which 
compensation shall be ascertained by a jury of twelve men, in a court 
of record^ as shall be prescribed by law. 

Sec. 4. Dues from corporations shall be secured by such individual 
liability of the stockholders, and other means, as may be prescribed 
by law. 

Sec. 5. All general laws and special acts passed pursuant to this 
section shall make provisions therein for fixing the personal liability 



South Carolina — 1868 3303 

of stockholders under proper limitations; and shall prevent and 
punish fraudulent misrepresentations as to the capital, property, 
and resources of such corporations; and shall also regulate the public 
use of all franchises which have heretofore been or hereafter may be 
created or granted, by or under the authority of this State, and shall 
limit all tolls, imposts, and other charges and demands under such 
laws. 

Sec. 6. The general assembly shall grant no charter for banking 
purposes, nor renew any banking corporations now in existence, 
except upon the condition that the stockholders shall be liable to the 
amount of their respective share or shares of stock in such banking 
institution, for all its debts and liabilities, upon note, bill, or other- 
wise; and upon the further condition that no director or other officer 
of said corporation shall borrow any money from said corporation; 
and if any director or other officer shall be convicted upon indictment 
of directly or indirectly violating this section, he shall be punished 
by fine or imprisonment, at the discretion of the court. The books, 
papers, and accounts of all banks shall be open to inspection, under 
such regulations as may be prescribed by law. 

Article XIII 

MILITIA 

Section 1. The militia of this State shall consist of all able-bodied 
male citizens of the State between the ages of eighteen and forty-five 
years, except such persons as are now. or may hereafter be. exempted 
by the laws of the United States, or who may lie adverse to bearing 
arms, as provided for in this constitution; and shall be organized, 
armed, equipped, and disciplined as the general assembly may by 
laAv provide. 

Sec. 2. The governor shall have power to call out the militia to 
execute the laws, repel invasion, repress insurrection, and preserve 
the public peace. 

Sec. 3. There shall be an adjutant and inspector general elected 
by the qualified electors of the State, at the same time and in the 
same manner as other State officers, who shall rank as a brigadier- 
general, and whose duties and compensation shall be prescribed by 
law. The governor shall appoint, by and with the advice and con- 
sent of the senate, such other staff-officers as the general assembly 
may direct. 

Article XIV 

MISCELLANEOUS 

Section 1. Xo person shall be elected or appointed to any office in 
this State unless he possess the qualifications of an elector. 

Sec. 2. Lotteries, and the sale of lottery-tickets, for any purpose 
whatever, are prohibited, and the general assembly shall prevent the 
same by penal laws. 

Sec. 3. The State library shall be subject to such regulations as 
the general assembly may prescribe. 



3304 South Carolina— 1868 

Sec. 4. The general assembly may direct, by law, in what manner 
claims against the State may be established and adjusted. 

Sec. 5. Divorces from the bonds of matrimony shall not be allowed 
but by the judgment of a court, as shall be prescribed by law. 

Sec. 6. No person who denies the existence of the Supreme Being 
shall hold any office under this constitution. 

Sec. 7. The printing of the laws, journals, bills, legislative docu- 
ments, and papers for each branch of the general assembly, with the 
printing required for the executive and other departments of State, 
shall be let on contract, in such manner as shall be prescribed by law. 

Sec. 8. The real and personal property of a woman, held at the 
time of her marriage, or that which she may thereafter acquire, either 
by gift, grant, inheritance, devise, or otherwise, shall not be subject 
to levy and sale for her husband's debts; but shall be held as her 
separate property, and may be bequeathed, devised, or alienated- by 
her the same as if she were unmarried: Provided, That no gift or 
grant from the husband to the wife shall be detrimental to the just 
claims of his creditors. 

Sec. 9. The general assembly shall provide for the removal of all 
causes which may be pending when this constitution goes into effect 
to courts created by the same. 

Sec. 10. The election for all State officers shall take place at the 
same time as is provided for that of members of the general assembly, 
and the election for those officers whose terms of service are for four 
years shall be held at the time of each alternate general election. 

Article XV 

AMENDMENT AND REVISION OF THE CONSTITUTION 

Section 1. Any amendment or amendments to this constitution 
may be proposed in the senate or house of representatives. If the 
same be agreed to by two-thirds of the members elected to each house, 
such amendment or amendments shall be entered on the journals, 
respectively, with the yeas and nays taken thereon; and the same 
shall be submitted to the qualified electors of the State at the next 
general election thereafter for representatives, and if a majority of 
the electors qualified to vote for members of the general assembly, 
voting thereon, shall vote in favor of such amendment or amend- 
ments, and two-thirds of each branch of the next general assembly 
shall, after such an election, and before another, ratify the same 
amendment or amendments by yeas and nays, the same shall become 
part of the constitution: Provided, That such amendment or amend- 
ments shall have been read three times, on three several days, in each 
house. 

Sec. 2. If two or more amendments shall be submitted at the same 
time, they ghall be submitted in such manner that the electors shall 
vote for or against each of such amendments separately. 

Sec. 3. Whenever two-thirds of the members elected to each branch 
of the general assembly shall think it necessary to call a convention 
to revise, amend, or change this constitution, they shall recommend 
to the electors to vote at the next election for representatives for Or 
against a convention; and if a majority of all the electors voting at 



South Carolina— 1868 3305 

said election .shall have voted for a convention, the general assembly 
shall, at their next session, provide by law for calling: the same; and 
such convention shall consist of a number of members, not less than 
that of the most numerous branch of the general assembly. 



AMENDMENTS 

° Art. 16. To the end that the public debt of South Carolina may 
not hereafter be increased, without the due consideration and free 
consent of the people of the State, the General Assembly is hereby 
forbidden to create any further debt or obligation, either by the loan 
of the credit of the State, by guaranty, endorsement, or otherwise, 
except for the ordinary and current business of the State, without 
first submitting the question as to the creation of any such new debt, 
guaranty, endorsement, or loan of its credit, to the people of this 
State at a general State election ; and, unless two thirds of the quali- 
fied voters of this State, voting on this question, shall be in favor of 
a further debt, guaranty, or endorsement, or loan of its credi, none 
such shall be created or made. 

(Approved January 29, 1873) 

Art. 2. Sec. 11. Strike out all that portion of Section 11, Article 
2, following the words "eighteen hundred and seventy," occurring 
in the fourth and fifth lines, and insert the following: "'And forever 
thereafter on the first Tuesday following the first Monday in Novem- 
ber, in every second year, in such manner, and at such places, as the 
Legislature may provide.*' 

i Approved March 5, 1875) 

Art. 3. Sec. 3. Strike out of Section 23 of Article 3 the word 
" four,'* occurring in the third line, and insert the word " two," so 
that the Section of the Constitution will read, when amended as 
follow s : 

" Sec 23. There shall be elected by the qualified voters of the State 
a Comptroller General, Secretary of State, Treasurer, Attorney Gen- 
eral, Adjutant and Inspector General, and Superintendent of Educa- 
tion, who shall hold their respective offices for the term of two years, 
and whose duties and compensation shall be prescribed by law.*' 

(Approved .March 11. 1875) 

Art. 2. Sec. 3. That Section 3 of Article 2 of the Constitution of 
the State be amended by striking out the words " White Water 
River," in the fifth line of said section, and inserting in the place, 
thereof the words " Taxaway River." 

o Article 16 was proposed by the General Assembly, at the regular session 
1870-'7lj submitted to the qualified electors of the State, at a general election 
held on the 16th day of October, 1872. approved by a majority vote, and finally 
adopted by a two thirds vote of the members elected to each House of the 
General Assembly at its regular session, 1872-'73, and approved January 29, 
1873. 



3306 South Carolina— 1868 

( Approved January 26, 1878) 

Art. 10. Sec. 5. The Boards of County Commissioners of the sev- 
eral Counties shall levy an annual tax of not less than two on tin- 
dollar upon all the taxable property in their respective Counties, 
which levy shall not be increased unless by special enactment of the 
General Assembly, for the support of public schools in their respective 
Counties, which tax shall be collected at the same time and by the 
same officers as the other taxes for the same year, and shall be held 
in the County Treasuries of the respective Counties, and paid out 
exclusively for the support of public schools as provided by law. 
There shall be assessed on all taxable polls in the State an annual 
tax of one dollar on each poll, the proceeds of which tax shall be 
applied solely to educational purposes. Provided, That no person 
shall ever be deprived of the nghl of suffrage for the non-payment 
of said tax. No other poll or capitation tax shall be levied in the 
State, nor shall the amount assessed on each poll exceed the limit 
given in this Section. The school tax shall be distributed among the 
several school districts of the Counties in proportion to the respective 
number of pupils attending the public schools. No religious sect or 
sects shall have exclusive right to, or control of any part of the school 
funds of the State, nor shall sectarian principles be taught in the 
public schools. 

( Approved Dec. 1-".. 1880) 

Art. 2. Sec. 32. That Section 32, Article 2, of the Constitution of 
this State be. and is hereby, stricken out, and the following inserted 
in lieu thereof: 

"The General Assembly shall enact such laws as will exempt from 
attachment and sale under any mesne or final process issued from any 
Court to the head of any family residing in this State a homestead 
in lands, whether held in fee or any lesser estate, not to exceed in 
value one thousand dollars, with the yearly products thereof: and 
every head of a family residing in this State, whether entitled to a 
homestead exemption in lands or not, personal property not to exceed 
in value the sum of five hundred dollars: Provided, That in case any 
woman having- a separate estate shall be married to the head of a 
family who has not of his own sufficient property to constitute a 
homestead as hereinbefore provided, said married woman shall be 
entitled to a like exemption as provided for the head of a family: 
Provided, further, That there shall not be an allowance of more than 
one thousand dollars worth of real estate and more than five hundred 
dollars worth of personal property to the husband and wife jointly: 
Provided, That no property shall be exempt from attachment, levy 
or sale for taxes, or for payment of obligations contracted for the 
purchase of said homestead or the erection of improvements thereon: 
Provided further, That the yearly products of said homestead shall 
not be exempt from attachment, levy or sale, for the payment of 
obligations contracted in the production of the same. It shall be 
the duty of the General Assembly at their first session to enforce the 
provisions of this section by suitable legislation. 



South Carolina— J 895 3307 



CONSTITUTION OF THE STATE OF SOUTH CAROLINA, 1895 * 

The State of South Carolina : 

At a Convention of the People of the State of South Carolina, 
begun and holden at Columbia, on the Tenth day of September, in 
the year, of our Lord one thousand eight hundred and ninety-five, 
and thence continued by divers adjournments to the Fourth day of 
December, in the year of our Lord one thousand eight hundred and 
ninety-five. 

Preamble 

We, the people of the State of South Carolina, in Convention 
assembled, grateful to God for our liberties, do ordain and establish 
this Constitution for the preservation and perpetuation of the same. 

Article I 

DECLARATION OF BIGHTS 

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 of government. 

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 
establishment of religion or prohibiting the free exercise thereof, 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 for a redress of grievances. 

Sec. •">. The privileges and immunities 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 process of law, nor shall any person be denied the equal protec- 
tion of the laws. 

Sec. 6. All property subject to taxation shall be taxed in proportion 
to it- value. 

Sec. 7. Xo tax. subsidy, charge, impost tax or duties shall be estab- 
lished, fixed, laid or levied, under any pretext whatsoever, without 
the consent of the people or their representatives lawfully assembled. 

Sec. 8. Xo bill of attainder, ex post facto law, law impairing the 
obligation 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. !). The right of suffrage, as regulated in this Constitution, 
shall be protected by law regulating elections and prohibiting, under 
adequate penalties, all undue influences from power, bribery, tumult 
or improper conduct. 



* Verified from " Constitution of the State of South Carolina. Ratified in Con- 
vention, 1 December 4. 1895. Abbeville, S. C. : Hugh Wilson. Printer. 1900." 00 pp. 



3308 South Carolina— 1 895 

Sec. 10. All elections shall be free and open, and every inhabitant 
of this State possessing the qualifications provided for in this Consti- 
tution shall have an equal right to elect officers and be elected to fill 
public office. 

Sec. 11. No property qualification, unless prescribed in this Con- 
stitution, shall be necessary for an election to or the holding of any 
office. No person shall be elected or appointed to office in this State 
for life or during good behavior, but the terms of all officers 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 challenge for that purpose, or be 
an aider or abettor in fighting a duel, shall be deprived of holding 
any office of honor or trust in this State, and shall be otherwise pun- 
ished as the law shall prescribe. 

Sec. 12. Temporary absence from the State shall not forfeit a resi- 
dence 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 author- 
ity in particular cases expressly provided for by it. 

Sec. 14. 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. ir>. All Courts shall be public, and every person shall have 
speedy remedy therein for wrongs sustained. 

Sec. 10. The right of the people to be secure in their persons, houses, 
papers and effects against unreasonable searches and seizures shall 
not be violated, 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. 17. No person shall be held to answer for any crime where the 
punishment exceeds a fine of one hundred dollars or imprisonment for 
thirty days, with or without hard labor, unless on a 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 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 jeopardy of life or liberty, nor shall be compelled in 
any criminal case to be a witness against himself. Private property 
shall not be taken for private use without the consent of the owner, 
nor for public use without just compensation being first made there- 
for. 

Sec. 18. In all criminal prosecutions the accused shall enjo}'' the 
right to a speedy and public trial by an impartial jury, and to be 
fully informed of the nature and cause of the accusation ; to be con- 
fronted with the witnesses against him ; to have compulsory process 
for obtaining witnesses in his favor, and to be fully heard in his 
defence by himself or by his counsel or by both. 

Sec. 19. Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted, nor shall wit- 
nesses 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. 



South Carolina — 1895 3309 

Sec. 20. All persons shall, before conviction, be bailable by suffi- 
cient sureties, except for capital offences when the proof is evident or 
the presumption great. 

Sec. 21. In all indictments or prosecutions for libel, the truth of 
the alleged libel may be given in evidence, and the jury shall be the 
judges of the law and the facts. 

Sec. 22. Treason against the State shall consist alone in levying 
war or in giving aid and comfort to enemies against the State. No 
person shall be held guilty of treason, except upon testimony of at 
least two witnesses to the same overt act, or upon confession in open 
Court. 

Sec. 23. The privilege of the writ of habeas corpus shall not be sus- 
pended unless when, in case of insurrection, rebellion or invasion, the 
public safety may require it. 

Sec. 24. No person shall be imprisoned for debt except in cases of 
fraud. 

Sec. 25. The right of trial by jury shall be preserved inviolate. 

Sec. 26. A well regulated militia being necessary to the security of 
a free State, the right of the people to keep and bear arms shall not 
be infringed. As in times of peace armies are dangerous to liberty, 
they shall not be maintained without the consent of the General 
Assembly. The military power of the State shall always be held in 
subordination to the civil authority and be governed by it. No sol- 
dier shall in time of peace be quartered in any house without the con- 
sent of the owner, nor in time of war but in the manner to be pre- 
scribed by law. 

Sec. 27. No person shall in any case be subject to martial law or to 
any pains or penalties by virtue of that law, except those employed in 
the army and navy of the United States, and except the militia in 
actual service, but by the authority of the General Assembly. 

Sec. 28. All navigable waters shall forever remain public highways 
free to the citizens of the State and the United States without tax, 
impost or toll imposed ; and no tax, toll, impost or wharfage shall be 
imposed, demanded or received from the owners of any merchandise 
or commodity for the use of the shores or any wharf erected on the 
shores or in or over the waters of any navigable stream unless the 
same be authorized by the General Assembly. 

Sec. 29. The provisions of the Constitution shall be taken, deemed 
and construed to be mandatory and prohibitory, and not merely 
directory, except where expressly made directory or permissory by its 
own terms. 

Article II 

RIGHT OF SUFFRAGE 

Section 1. All elections by the people shall be by ballot, and elec- 
tions shall never be held or the ballots counted in secret. 

Sec. 2. Every qualified elector shall be eligible to any office to be 
voted for, unless disqualified by age, as prescribed in this Constitu- 
tion. But no person shall hold two offices of honor or profit at the 
same time: Provided, That any person holding another office may at 
the same time be an officer in the militia or a Notary Public. 



3310 South Carolina— 1895 

Sec. 3. Every male citizen of this State and of the United States 
twenty-one years of age and upwards, not laboring under the disa- 
bilities named in this Constitution and possessing the qualifications 
required by it, shall be an elector. 

Sec. 4. The qualifications for suffrage shall be as follows: 

(a) Residence in the State for two years, in the County one year, 
in the polling precinct in which the elector offers to vote four months, 
and the payment six months before any election of any poll tax then 
due and payable: Provided, That ministers in charge of an organized 
church and teachers of public schools shall be entitled to vote after 
six months' residence in the State, otherwise qualified. 

(b) Registration, which shall provide for the enrollment of every 
elector once in ten years, and also an enrollment during each and 
every year of every elector not previously registered under the pro- 
visions of this Article. 

(c) Up to January 1st 1898, all male persons of voting age apply- 
ing for registration who can read any Section in this Constitution 
submitted to them by the registration officer, or understand and ex- 
plain it when read to them by the registration officer, shall be entitled 
to register and become electors. A separate record of all persons 
registered before January 1st, 1898, sworn to by the registration 
officer, shall be filed, one copy with the Clerk of Court and one in the 
office of the Secretary of State, on or before February 1st, 1898, and 
such persons shall remain during life qualified electors unless disquali- 
fied by the other .provisions of this Article. The certificate of the 
Clerk of Court or Secretary of State shall be sufficient evidence to 
establish the right of said citizens to any subsequent registration and 
the franchise under the limitations herein imposed. 

(d) Any person who shall apply for registration after January 
1st, 1898, if otherwise qualified, shall be registered: Provided, That 
he can both read and write any Section of this Constitution sub- 
mitted to him by the registration officer or can show that he owns, and 
has paid all taxes collectible during the previous year on property 
in this State assessed at three hundred dollars ($300) or more. 

(e) Managers of election shall require of every elector offering to 
vote at any election, before allowing him to vote, proof of the pay- 
ment, of all taxes, including poll tax, assessed against him and col- 
lectible during the previous year. The production of a certificate 
or of the receipt of the officer authorized to collect such taxes shall be 
conclusive proof of the payment thereof. 

(/) The General Assembly shall provide for issuing to each duly 
registered elector a certificate of registration, and shall provide for 
the renewal of such certificate when lost, mutilated or destroyed, if 
the applicant is still a qualified elector under the provisions of this 
Constitution, or if he has been registered as provided in subsec- 
tion (<■). 

Sec. 5. Any person denied registration shall have the right to 
appeal to the Court of Common Pleas, or any Judge thereof, and 
thence to the Supreme Court, to determine his right to vote under 
the limitations imposed in this Article, and on such appeal the hear- 
ing shall be de novo, and the General Assembly shall provide by law 
for such appeal, and for the correction of illegal and fraudulent 
registration, voting, anjd all other crimes against the election laws. 



South Carolina— 1895 3311 

Sec. 6. The following persons are disqualified from being regis- 
tered or voting: 

First. Persons convicted of burglary, arson, obtaining goods or 
money under false pretenses, perjury, forgery, robbery, bribery, 
adultery, bigamy, wife-beating, house-breaking, receiving stolen 
goods, breach of trust with fraudulent intent, fornication, sodomy, 
incest, assault with intent to ravish> miscegenation, larceny, or crimes 
against the election laws: Provided, That the pardon of the Gov- 
ernor shall remove such disqualification. 

Second. Persons who are idiots, insane, paupers supported at the 
public expense, and persons confined in any public prison. 

Sec. 7. For the purpose of voting, no person shall be deemed to 
have gained or lost a residence by reason of his presence or absence 
while employed in the service of the United States, nor while en- 
gaged in the navigation of the waters of this State, or of the United 
States, or of the high seas, nor while a student of any institution of 
learning. 

Sec. 8. The General Assembly shall provide by law for the regis- 
tration of all qualified electors, and shall prescribe the manner of 
holding elections and of ascertaining the results of the same: Pro- 
vided, At the first registration under this Constitution, and until 
the first of January, 1898, the registration shall be conducted by a 
Board of three discreet persons in each County, to be appointed by 
the Governor, by and with the advice and consent of the Senate. 
For the first registration to be provided for under this Constitution, 
the registration books shall be kept open for at least six consecutive 
weeks: and thereafter from time to time at least one week in each 
month, up to thirty days next preceding the first election to be held 
under this Constitution. The registration books shall be public 
records open to the inspection of any citizen at all times. 

Sec. 9. The General Assembly shall provide for the establishment 
of polling precincts in the several Counties of the State, and those 
now existing shall so continue until abolished or changed. Each 
elector shall be required to vote at his own precinct, but provision 
shall be made for his transfer to another precinct upon his change 
of residence. 

Sec. 10. The General Assembly shall provide for the regulation of 
party primary elections and punishing fraud at the same. 

Sec. 11. The registration books shall close at least thirty days 
before an election, during which time transfers and registration shall 
not be legal: Provided, Persons who will become of age during that 
period shall be entitled to registration before the books are closed. 

Sec. 12. Electors in municipal elections shall possess the qualifica- 
tions and be subject to the disqualifications herein prescribed. The 
production of a certificate of registration from the registration officers 
of the County as an elector at a precinct included in the incorporated 
city or town in which the voter desires to vote is declared a condition 
prerequisite to his obtaining a certificate of registration for municipal 
elections, and in addition he must have been a resident within the cor- 
porate limits at least four months before the election and have paid 
all taxes due and collectible for the preceding fiscal year. The Gen- 
eral Assembly shall provide for the registration of all voters before 
each election in municipalities: Provided, That nothing herein con- 



3312 South Carolina— 1 895 

tained shall apply to any municipal elections which may be held prior 
to the general election of the year 1896. 

Sec. 13. In authorizing n special election in any incorporated city 
or town in this State for the purpose of bonding the same, the Gen- 
eral Assembly shall prescribe as a condition precedent to the holding 
of said election a petition from a majority of the freeholders of said 
city or town as shown by its tax books, and at such elections all 
electors of such city or town who are duly qualified for voting under 
Section 12 of this Article, and who have paid all taxes, State, County 
and municipal, for the previous year, shall be allowed to vote; and 
the vote of a majority of those voting in said election shall be 
necessary to authorize the issue of said bonds. 

Sec. 14. Electors shall in all cases except treason, felony, or a 
breach of the peace, be privileged from arrest on the days of election 
during their attendance at the polls, and going to and returning 
therefrom. 

Sec. 15. No power civil, or military, shall at any time interfere to 
prevent the free exercise of the right of suffrage in this State. 

Article III 

legislative department 

Section 1. The legislative power of this State shall be vested in 
two distinct branches, the one to be styled the " Senate " and the other 
the " House of Representatives," and both together the " General 
Assembly of the State of South Carolina." 

Sec. 2. The House of Eepresentatives shall be composed of mem- 
bers chosen by ballot every second year by citizens of this State, 
qualified as in this Constitution is provided. 

Sec. 3. The House of Representatives shall consist of one hundred 
and twenty-four members, to be apportioned among the several 
Counties according to the number of inhabitants contained in each. 
Each County shall constitute one Election District. An enumeration 
of the inhabitants for this purpose shall be made in the year nineteen 
hundred and one, and shall be made in the course of every tenth year 
thereafter, in such manner as shall be by law directed: Provided, 
That the General Assembly may at any time, in its discretion, adopt 
the immediately preceding United States Census as a true and correct 
enumeration of the inhabitants of the several Counties, and make the 
apportionment of Representatives among the several Counties accord- 
ing to said enumeration: Provided, further, That until the apportion- 
ment which shall be made upon the next enumeration shall take effect, 
the representation of the several Counties as they now exist (including 
the County of Saluda established by ordinance) shall be as follows: 
Abbeville, 5 ; Aiken, 3 ; Anderson, 5 ; Barnwell, 5 ; Beaufort, 4 ; Berk- 
eley, 4; Charleston, 9; Chester, 3; Chesterfield, 2; Clarendon, 3; 
Colleton" 4 ; Darlington, 3; Edgefield, 3; Fairfield, 3; Florence, 3; 
Georgetown, 2; Greenville, 5; Hampton, 2; Horry, 2; Kershaw, 2; 
Lancaster, 2 ; Laurens, 3 ; Lexington, 2 ; Marion, 3 ; Marlboro, 3 ; New- 
berry, 3 ; Oconee, 2 ; Orangeburg, 5 ; Pickens, 2 ; Richland, 4 ; Saluda, 
2; Spartanburg, 6; Sumter, 5; Union, 3; Williamsburg, 3; York, 4: 
Pro rid cd further, That in the event other Counties are hereafter 
established, then the General Assembly shall reapportion the Repre- 
sentatives between the Counties. 



South Carolina— 1895 3313 

Sec. 4. In assigning Representatives to the several Counties, the 
General Assembly shall allow one Representative to every one hun- 
dred and twenty-fourth part of the whole number of inhabitants in 
the State: Provided, That if in the apportionment of Representatives 
any County shall appear not to be entitled, from its population, to a 
Representative, such County shall, nevertheless, scud one Represent- 
ative; and if there be still a deficiency in the number of Representa- 
tives required by Section third of this Article, such deficiency shall 
be supplied by assigning Representatives to those Counties having 
the largest surplus fractions. 

Sec. 5. No apportionment of Representatives shall take effect until 
the general election which shall succeed such apportionment. 

Sec. 6. The Senate shall be composed of one member from each 
County, to be elected for the term of four years by the qualified elect- 
ors in each County, in the same manner in which members of the 
House of Representatives are chosen. 

Sec. 7. No person shall be eligible to a seat in the Senate or House 
of Representatives who, at the time of his election, is not a duly qual- 
ified elector under this Constitution in the County in which he may 
be chosen. Senators shall be at least twenty-five and Representatives 
at least twenty-one years of age. 

Sec. 8. The first election for members of the House of Represent- 
atives under this Constitution shall be held on Tuesday after the 
first Monday in November, eighteen hundred and ninety-six, and in 
every second year thereafter, in such manner and at such places as 
the General Assembly may prescribe ; and the first election for Sena- 
tors shall be held on Tuesday after the first Monday in November, 
eighteen hundred and ninety-six, and every fourth year thereafter, 
except in Counties in which there was an election for Senator in 
eighteen hundred and ninety-four for a full term, in which Counties 
no election for Senator shall be held until the general election to be- 
held in eighteen hundred and ninety-eight, and every fourth year 
thereafter, except to fill vacancies. Senators shall be so classified 
that one-half of their number, as nearly as practicable, shall be 
chosen every two years. Whenever the General Assembly shall estab- 
lish more than one County at any session, it shall so prescribe the 
first term of the Senators from such Counties as to observe such 
classification. 

Sec. 9. The annual session of the General Assembly heretofore 
elected, fixed by the Constitution of the year eighteen hundred and 
sixty-eight to convene on the fourth Tuesday of November, in the 
year eighteen hundred and ninety-five, is hereby postponed, and the 
same shall be convened and held in the city of Columbia on the sec- 
ond Tuesday of January, in the year eighteen hundred and ninety- 
six. The first session of the General Assembly elected under this 
Constitution shall convene in Columbia on the second Tuesday in 
January, in the year eighteen hundred and ninety-seven, and there- 
after annually at the same time and place. Should the casualties of 
war or contagious diseases render it unsafe to meet at the seat of 
government, then the Governor may, by proclamation, appoint a 
more secure and convenient place of meeting. Members of the Gen- 
eral Assembly shall not receive any compensation for more than forty 
• lavs of anv one session: Provided, That this limitation shall not 



3314 South Carolina— 1895 

affect the first four sessions of the General Assembly under this Con- 
stitution. 

Sec. 10. The terms of office of the Senators and Representatives 
chosen at a general election shall begin on the Monday following such 
election. 

Sec. 11. Each house shall judge of the election returns and quali- 
fications of its own members, and a majority of each house shall con- 
stitute a quorum to do business; but a smaller number may adjourn 
from day to day, and may compel the attendance of absent members, 
in such manner and under such penalties as may be provided by laAv 
or rule. 

Sec. 12. Each house shall choose its own officers, determine its rules 
of procedure, punish its members for disorderly behavior, and, with 
the concurrence of two-thirds, expel a member, but not a second time 
for the same cause. 

Sec. 13. Each house may punish by imprisonment during its sit- 
ting any person not a member who shall be guilty of disrespect to the 
house by any disorderly or contemptuous behavior in its presence, or 
who, during the time of its sitting, shall threaten harm to the body 
or estate of any member for anything said or done in either house, 
or who shall assault any of them therefor, or who shall assault or 
arrest any witness or other person ordered to attend the house in his 
going thereto or returning therefrom, or who shall rescue any person 
arrested by order of the house: Provided, That such time of impris- 
onment shall not in any case extend beyond the session of the General 
Assembly. 

Sec. 14. The members of both houses shall be protected in their 
persons and estates during their attendance on, going to and return- 
ing from the General Assembly, and ten days previous to the sitting 
and ten days after the adjournment thereof. But these privileges 
shall not protect any member who shall be charged with treason, fel- 
ony or breach of the peace. 

Sec. 15. Bills for raising revenue shall originate in the House of 
Representatives, but may be altered, amended or rejected by the 
Senate; all other Bills may originate in either house, and may be 
amended, altered or rejected by the other. 

Sec. 16. The style of all laws shall be : " Be it enacted by the Gen- 
eral Assembly of the State of South Carolina." 

Sec. 17. Every Act or resolution having the force of law shall relate 
to but one subject, and that shall be expressed in the title. 

Sec. 18. No Bill or Joint Resolution shall have the force of law 
until it shall have been read three times and on three several days in 
each house, has had the Great Seal of the State affixed to it, and has 
been signed by the President of the Senate and the Speaker of the 
House of Representatives: Provided, That either branch of the Gen- 
eral Assembly may provide by rule for a first and third reading of 
any Bill <jr Joint Resolution by its title only. 

Sec. 10. Each member of the General Assembly shall receive five 
cents for every mile for the ordinary route of travel in going to and 
returning from the place where its sessions are held; no General 
Assembly shall have the power to increase the per diem of its own 
members: and members of the General Assembly when convened" in 
extra session shall receive the same compensation as is fixed by law 
for the regular session. 



South Carolina— 1895 3315 

Sec. '20. In all elections by the General Assembly, or either house 
thereof, the members shall vote " viva voce" and their votes, thus 
given, shall be entered upon the journal of the house to which they 
respectively belong. 

Sec. 21. Neither house, during the session of the General Assembly, 
shall, without the consent of the other, adjourn for more than three 
days, nor to any other place than that in which it shall be at the time 
sitting. 

Sec. '2 % 2. Each house shall keep a journal of its own proceedings, 
and cause the same to be published immediately after its adjournment, 
excepting such parts as. in its judgment, may require secrecy: and 
the yeas and nays of the members of either house, on any question, 
shall, at the desire of ten members of the House or five members of the 
Senate respectively, be entered on the journal. Any member of 
either house shall have liberty to dissent from and protest against 
any Act or resolution which he may think injurious to the public or 
to an individual, and have the reasons of his dissent entered on the 
journal. 

Sec. 23. The doors of each house shall be open, except on such occa- 
sions as in the opinion of the House may require secrecy. 

Sec. 24. No person shall be eligible to a seat in the General Assem- 
bly while he holds any office or position of profit or trust under this 
State, the United States of America, or any of them, or tinder any 
other power, except officers in the militia or Notaries Public : and if 
any member shall accept or exercise any of the said disqualifying 
offices or positions he shall vacate his seat. 

Sec. 2."). If any election district shall neglect to choose a member or 
members on the day of election, or if any person chosen a member of 
either house shall refuse to qualify and take his seat, or shall resign. 
die, depart from the State, accept any disqualifying office or position. 
or become otherwise disqualified to hold his seat, a writ of election 
shall be issued by the President of the Senate or Speaker of the House 
of Representatives, as the case may be, for the purpose of filling the 
vacancy thereby occasioned for the remainder of the term for which 
the person so refusing to qualify, resigning, dying, departing the 
State, or becoming disqualified, was elected to serve, or the defaulting 
election district ought to have chosen a member or members. 

Sec. 26. Members of the General Assembly, and all officers, before 
they enter upon the duties of their respective offices, and all members 
of the bar, before they enter upon the practice of their profession, 
shall take and subscribe the following oath : " I do solemnly swear 
(or affirm) that I am duly qualified, according to the Constitution of 
this State, to exercise the duties of the office to which I have been 
elected, (or appointed,) and that I will, to the best of my ability, dis- 
charge the duties thereof, and preserve, protect and defend the Consti- 
tution of this State and of the United States. I do further solemnly 
swear (or affirm) that I have not since the first day of January, in 
the year eighteen hundred and eighty-one, engaged in a duel as prin- 
cipal or second or otherwise: and that I will not. during the term of 
office to which I have been elected (or appointed) engage in a duel as 
principal or second or otherwise. So help me God." 

Sec. 27. Officers shall be removed for incapacity, misconduct or 
neglect of duty, in such manner as may be provided by law. when no 
mode of trial or removal is provided in this Constitution. 



3316 South (Carolina — 1895 

Sec. 28. The General Assembly shall enact such laws as will exempt 
from attachment, levy and sale under any mesne or final process 
issued from any Court, to the head of any family residing in this 
State, a homestead in lands, whether held in fee or any lesser estate, 
to the value of one thousand dollars, or so much thereof as the prop- 
erty is worth if its value is less than one thousand dollars, with the 
yearly products thereof, and to every head of a family residing in 
this State, whether entitled to a homestead exemption in lands or 
not, personal property to the value of five hundred dollars, or so 
much thereof as the property is worth if its value is less than five 
hundred dollars. The title to the homestead to be set off and assigned 
shall be absolute and be forever discharged from all debts of the s;iiil 
debtor then existing or thereafter contracted except as hereinafter 
provided: Provided, That in case any woman having a separate 
estate shall be married to the head of a family who has not of his 
own sufficient property to constitute a homestead as hereinbefore pro- 
vided, said married woman shall be entitled to a like exemption as 
provided for the head of a family: Provided, further, That there shall 
not be an allowance of more than one thousand dollars' worth of 
real estate and more than five hundred dollars' worth of personal 
property to the husband and wife jointly: Provided, further, That no 
property shall be exempt from attachment, levy or sale for taxes, or 
for payment of obligations contracted for the purchase of said home- 
stead or personal property exemption or the erection or making of 
improvements or repairs thereon: Provided, further, That the yearly 
products of said homestead shall not be exempt from attachment, 
levy or sale for the payment of obligations contracted in the pro- 
duction of the same: Provided, further, That no waiver shall defeat 
the right of homestead before assignment except it be by deed of 
conveyance, or by mortgage, and only as against the mortgage debt; 
and no judgment creditor or other creditor whose lien does not bind 
the homestead shall have any right or equity to require that a lien 
which embraces the homestead and other property shall first exhaust 
the homestead: Provided, further, That after a homestead in lands 
has been set off and recorded the same shall not be waived by deed 
of conveyance, mortgage or otherwise, unless the same be executed 
by both husband and wife, if both be living: Provided, further, 
That any person not the head of a family shall be entitled to a like 
exemption as provided for the head of a family in all necessary 
wearing apparel and tools and implements of trade, not to exceed 
in value the sum of three hundred dollars. 

Sec. 29. All taxes upon property, real and personal, shall be laid 
upon the actual value of the property taxed, as the same shall be 
ascertained by an assessment made for the purpose of laying such tax. 

Sec. 80. The General Assembly shall never grant extra compensa- 
tion, fee or allowance to any public officer, agent, servant or con- 
tractor after service rendered, or contract made, nor authorize pay- 
ment or part payment of any claim under any contract not author- 
ized by law; but appropriations may be made for expenditures in 
repelling invasion, preventing or suppressing insurrection. 

Sec. 31. Lands belonging to or under the control of the State shall 
never be donated, directly or indirectly, to private corporations or 



South Carolina— 1895 3317 

individuals, or to railroad companies. Nor shall such land be sold 
to corporations, or associations, for a less price than that for which it 
can be sold to individuals. This, however, shall not prevent the Gen- 
eral Assembly from granting a right of way, not exceeding one hun- 
dred and fifty feet in width, as a mere easement to railroads across 
State lands, nor to interfere with the discretion of the General Assem- 
bly in confirming the title to lands claimed to belong to the State, 
but used or possessed by other parties under an adverse claim. 

Sec. 32. The General Assembly shall not authorize payment to 
any person of the salary of a deceased officer beyond the date of his 
death; nor grant pensions except for military and naval service; 
nor retire any officer on pay or part pay. 

Sec. 33. The marriage of a white person with a negro or mulatto, 
or person who shall have one-eighth or more negro blood, shall be 
unlawful- and void. No unmarried woman shall legally consent to 
sexual intercourse who shall not have attained the age of fourteen 
years. 

Sec. 34. The General Assembly of this State shall not enact local 
or special laws concerning any of the following subjects or for any 
of the following purposes, to wit : 

I. To change the names of persons or places. 

II. To lay out, open, alter or work roads or highways. 

III. To incorporate cities, towns or villages, or change, amend or 
extend the charter thereof. 

IV. To incorporate educational, religious, charitable, social, manu- 
facturing or banking institutions not under the control of the State, 
or amend or extend the charters thereof. 

V. To incorporate school districts. 

VI. To authorize the adoption or legitimation of children. 

VII. To provide for the protection of game'. 

VIII. To summon and empanel grand or petit jurors. 

IX. To provide for the age at which citizens shall be subject to 
road or other public duty. 

X. To fix th,e amount or manner of compensation to be paid to any 
County officer, except that the laws may be so made as to grade the 
compensation in proportion to the population and necessary service 
required. 

XI. In all other cases, where a general law can be made applicable, 
no special law shall be enacted. 

XII. The General Assembly shall forthwith enact general laws 
concerning said subjects for said purposes, which shall be uniform in 
their operations: Provided, That nothing contained in this Section 
shall prohibit the General Assembly from enacting special provisions 
in general law r s. 

XIII. The provisions of this Section shall not apply to charitable 
and educational corporations where, under the terms of a gift, devise 
or will, special incorporation may be required. 

Section 35. It shall be the duty of the General Assembly to enact 
laws limiting the number of acres of land which any alien or any 
corporation controlled by aliens may own within this State. 

7254— vol 6—09 9 



3318 South Carolina— 1895 

Article IV 

EXECUTIVE DEPARTMENT 

Section 1. The supreme executive authority of this State shall be 
vested in a Chief Magistrate, who shall be styled " The Governor of 
the State of South Carolina." 

Sec. 2. The Governor shall be elected by the electors duly qualified 
to vote for members of the House of Representatives, and shall hold 
his office for two years, and until his successor shall be chosen and 
qualified, and shall be re-eligible. He shall be elected at the first 
general election held under this Constitution for members of the 
General Assembly, and at each general election thereafter, and shall 
be installed during the first session of the said General Assembly after 
his election, on such day as shall be provided by law. The other State 
officers-elect shall at the same time enter upon the performance of 
their duties. 

Sec. 3. No person shall be eligible to the office of Governor who 
denies the existence of the Supreme Being; or who at the time of such 
election has not attained the age of thirty years; and who shall not 
have been a citizen of the United States and a citizen and resident of 
this State for five years next preceding the day of election. No per- 
se m while Governor shall hold any office or other commission (except 
in the militia) under the authority of this State, or of any other 
power, at one and the same time. 

Sec. 4. The returns of every election for Governor shall be sealed 
up by the Boards of Canvassers in the respective Counties, and trans- 
mitted, by mail, to the seat of government, directed to the Secretary 
of State," who shall deliver them to the Speaker of the House of 
Representatives at the next ensuing session of the General Assembly ; 
and duplicates of said returns shall be filed with the Clerks of the 
Court of said Counties. It shall be the duty of any Clerk of Court to 
forward to the Secretary of State a certified copy of said returns upon 
being notified that the returns previously forwarded by mail have not 
been received at his office. It shall be the duty of the Secretary of 
State, after the expiration of seven days from the day upon which the 
votes have been canvassed by the County Board, if the returns thereof 
from any County have not been received, to notify the Clerk of the 
Court of said County, and order a copy of the returns filed in his 
office to be forwarded forthwith. The Secretary of State shall de- 
liver the returns to the Speaker of the House of Representatives, at 
the next ensuing session of the General Assembly; and during the 
first week of the session, or as soon as the General Assembly shall 
have organized by the election of the presiding officers of the two 
houses, the Speaker shall open and publish them in the presence of 
both houses. The person having the highest number of votes shall be 
Governor; but if two or more shall be equal, and highest in votes, 
The General Assembly shall during the same session, in the House of 
Representatives, choose one of them Governor, viva voce. Contested 
elections for Governor shall be determined by the General Assembly 
in such manner as shall be prescribed by law. 

Sec. 5. A Lieutenant Governor shall be chosen at the same time, 
in the same manner, continue in office for the same period and be 
possessed of the same qualifications as the Governor, and shall, ex 
officio, be President of the Senate. 



South Carolina— 1895 3319 

Sec. 6. The Lieutenant Governor while presiding in the Senate 
shall have no vote, unless the Senate be equally divided. 

Sec. 7. The Senate shall, as soon as practicable after the convening 
of the General Assembly, choose a President pro tempore to act in 
the absence of the Lieutenant Governor, or when he shall fill the 
office of Governor. 

Sec. 8. A member of the Senate acting as Governor or Lieutenant 
Governor shall thereupon vacate his seat and another person shall be 
elected in his stead. 

Sec. 9. In case of the removal of the Governor from office by im- 
peachment, death, resignation, disqualification, disability, or removal 
from the State, the Lieutenant Governor shall then be Governor; 
and in case of the removal of the last named officer from his office by 
impeachment, death, resignation, disqualification, disability, or re- 
moval from the State, the President pro tempore of the Senate shall 
be Governor; and the last named officer shall then forwith, by procla- 
mation, convene the Senate in order that a President pro tempore may 
be chosen. In case the Governor be impeached, the Lieutenant Gov- 
ernor shall act in his stead and have his poAvers until judgment in the 
case shall have been pronounced. In case of the temporary disability 
of the Governor the Lieutenant Governor shall perform the duties of 
the Governor. 

Sec. 10. The Governor shall be Commander-in-Chief of the militia 
of the State, except when they shall be called into the active service 
of the United States. 

Sec. 11. He shall have power to grant reprieves, commutations and 
pardons after conviction (except in cases of impeachment), in such 
manner, on such terms and under such restrictions as he shall think 
proper; and he shall have power to remit fines and forfeitures, unless 
otherwise directed by law. It shall be his duty to report to the Gen- 
eral Assembly, at the next regular session thereafter, all pardons 
granted by him. with the report of the Board of Pardons. Every 
petition for pardon or commutation of sentence may be first referred 
by him to a Board of Pardons, to be provided by the General Assem- 
bly, which Board shall hear all such petitions under such rules and 
regulations as the General Assembly may provide. The Governor 
may adopt the recommendations of said Board, but in case he does 
not he shall submit his reasons to the General Assembly. 

Sec. 12. He shall take care that the laws be faithfully executed in 
mercy. 

Sec. 13. The Governor and Lieutenant Governor shall, at stated 
times, receive for their services compensation, which shall be neither 
increased nor diminished during the period for which they shall have 
been elected. 

Sec. 14. All officers in the Executive Department, and all Boards 
of public institutions, shall, when required by the Governor, give 
him information in writing upon any subject relating to the duties 
of their respective offices or the concerns of their respective institu- 
tions, including itemized accounts of receipts and disbursements. 

Sec. 15. The Governor shall, from time to time, give to the Gen- 
eral Assembly information of the condition of the State, and recom- 
mend for its consideration such measures as he shall deem necessary 
or expedient. 



3320 South Carolina— 1896 

Sec. 16. He may on extraordinary occasions convene the General 
Assembly in extra session. Should either house remain without a 
quorum for five clays, or in case of disagreement between the two 
houses during any session with respect to the time of adjournment, 
he may adjourn them to such time as he shall think proper, not be- 
yond the time of the annual session then next ensuing. 

Sec. 17. He shall commission all officers of the State. 

Sec. 18. The Seal of the State now in use shall be used by the Gov- 
ernor officially, and shall be called " The Great Seal of the State of 
South Carolina.'' 

Sec. 19. All grants and commissions shall be issued in the name and 
by the authority of the State of South Carolina, sealed with the great 
Seal, signed by the Governor, and countersigned by the Secretary of 
State. 

Sec. 20. The Governor and Lieutenant Governor, before entering 
upon the duties of their respective offices, shall take and subscribe 
the oath of office as prescribed in Article III, Section 26, of the 
Constitution. 

Sec. 21. The Governor shall reside at the Capital of the State, 
except in cases of contagion or the emergencies of war; but during 
the sittings of the General Assembly he shall reside where its sessions 
are held. 

Sec. 22. "Whenever it shall be brought to the notice of the Governor 
by affidavit that any officer who has the custody of public or trust 
funds is probably guilty of embezzlement or the appropriation of 
public or trust funds to private use, then the Governor shall direct his 
immediate prosecution by the proper officer, and upon true bill found 
the Governor shall suspend such officer and appoint one in his stead, 
until he shall have been acquitted by the verdict of a jury. In case of 
conviction the office shall be declared vacant and the vacancy filled as 
may be provided by law. 

Sec. 23. Every Bill or Joint Kesolution which shall have passed the 
General Assembly, except on a question of adjournment, shall, before 
it becomes a law,' be presented to the Governor, and if he approve lie 
shall sign it ; if not, he shall return it, with his objections, to the house 
in which it originated, which shall enter the objections at large On its 
Journal and proceed to reconsider it. If after such reconsideration 
two-thirds of that house shall agree to pass it, it shall be sent, together 
with the objections, to the other house, by which it shall be reconsid- 
ered, and if approved by two-thirds of that house it shall have the 
same effect as if it had been signed by the Governor; but in all such 
cases the vote of both houses shall be taken by yeas and nays, and the 
names of the persons voting for and against the Bill or Joint resolu- 
tion shall be entered on the Journals of both houses respectively. 
Bills appropriating money out of the Treasury shall specify the 
objects and purposes for which the same are made, and appropriate to 
them respectively their several amounts in distinct items and Sections. 
If the Governor shall not approve any one or more of the items or 
Sections contained in any Bill, but shall approve of the residue there- 
of, it shall become a law' as to the residue in like manner as if he had 
signed it. The Governor shall then return the Bill with his objec- 
tions to the items or Sections of the same not approved by him to the 
house in which the Bill originated, which house shall enter the objec- 
tions at large upon its Journal and proceed to reconsider so much of 



South Carolina -J 895 3321 

said I > ) 11 as is not approved by the Governor. The same proceedings 
shall be had in both houses in reconsidering the same as is provided 

in case of an entire Bill returned b}^ the Governor with his objections; 
and if any item or Section of said Bill not approved by the Governor 
shall be passed by two-thirds of each house of the General Assembly. 
it shall become. a part of said law notwithstanding the objections of 
the Governor. If a Bill or Joint Resolution shall not be returned by 
the Governor within three days after it shall have been presented to 
him, Sundays excepted, it shall have the same force and etfect as if 
he had signed it, unless the General Assembly, by adjournment, pre- 
vent its return, in which case it shall have such force and effect unless 
returned within two days after the next meeting. 

Sec. -24. There shall be elected by the qualified voters of the State 
a Secretary of State, a Comptroller-General, an Attorney-General, a 
Treasurer, an Adjutant and Inspector-General, and a Superintendent 
of Education, who shall hold their respective offices for the term of 
two years, and until their several successors have been chosen and 
qualified; and whose duties and compensation shall be prescribed by 
law. The compensation of such officers shall be neither increased nor 
diminished during the period for which they shall have been elected. 

Article V 

JUDICIAL DEPARTMENT 

Section 1. The judicial power of this State shall be vested in a 
Supreme Court, in two Circuit Courts, to wit : A Court of Common 
Pleas having civil jurisdiction and a Court of General Sessions with 
criminal jurisdiction only. The General Assembly may also establish 
County Courts, Municipal Courts and such Courts in any or all of the 
Counties of this State inferior to Circuit Courts as may be deemed 
necessary, but none of such Courts shall ever be invested with jurisdic- 
tion to try cases of murder, manslaughter, rape or attempt to rape, 
arson, common law burglary, bribery or perjury: Provided, Before a 
County Court shall be established in any County it must be submitted 
to the qualified electors and a majority of those voting must vote for 
its establishment, 

Sec. 2. The Supreme Court shall consist of a Chief Justice and 
three Associate Justices, any three of whom shall constitute a quorum 
for the transaction of business. The Chief Justice shall preside, and 
in his absence the senior Associate Justice. They shall be elected by 
a joint viva voce vote of the General Assembly for the term of eight 
years, and shall continue in office until their successors shall be elected 
and qualified, and shall be so classified that one of them shall go out of 
office every two years. 

Sec. 3. The present Chief Justice and As-ociate Justices of the 
Supreme Court are declared to be the Chief Justice and two of the 
Associate Justices of said Court as herein established until the terms 
for which they were elected shall expire, and the General Assembly 
at its next session shall elect the third Associate Justice and make 
suitable provision for accomplishing the classification above directed. 

Sec. 4. The Supreme Court shall have power to issue writs or 
orders of injunction, mandamus, quo warranto, prohibition, certiorari, 
habeas corpus -and other original and remedial writs. And said Court 



3322 South Carolina— 1895 

shall have appellate jurisdiction only in cases of chancery, and in 
such appeals they shall review the findings of fact as well as the 
law, except in chancery cases where the facts are settled by a jury and 
the verdict not set aside, and shall constitute a Court for the correc- 
tion of errors at law under such regulations as the General Assembly 
may by law prescribe. 

Sec. 5. The Supreme Court shall be held at least twice in each year 
at the seat of government and at such other place or places in the 
State as the General Assembly may direct. 

Sec. 6. No Judge shall preside at the trial of any cause in the event 
of which he may be interested, or when either of the parties shall be 
connected with him by affinity or consanguinity, within such degrees 
as may be prescribed by law, or in which he may have been counsel 
or have presided in any inferior Court. In case all or any of the 
Justices of the Supreme Court shall be thus disqualified, or be ■other- 
wise prevented from presiding in any cause or causes, the Court or 
the Justices thereof shall certify the same to the Governor of the 
State, and he shall immediately commission, specially, the requisite 
number of men learned in the law for the trial and determination 
thereof. The same course shall be pursued in the Circuit and inferior 
Courts as is prescribed in this Section for cases of the Supreme Court. 
The General Assembly shall provide by law for the temporary ap- 
pointment of men learned in the law to hold either special or regular 
terms of the Circuit Courts whenever there may be necessity for such 
appointment. 

Sec. 7. There shall be appointed by the Justices of the Supreme 
Court a Reporter and a Clerk of said Court, who shall hold their 
offices for four years, and whose duties and compensation shall be 
prescribed by law. 

Sec. 8. When a judgment or decree is reversed or affirmed by the 
Supreme Court, every point made and distinctly stated in the cause 
and fairly arising upon the record of the case shall be considered and 
decided, and the reason thereof shall be concisely and briefly stated 
in writing and preserved with the record of the case. 

Sec 9. The Justices of the Supreme Court and Judges of the 
Circuit Court shall each receive compensation for their services to 
be fixed by law, which shall not be increased or diminished during 
their continuance in office. They shall not be allowed any fees or 
perquisites of office, nor shall they hold any other office of trust or 
profit under this State, the United States, or any other power. 

Sec. 10. No person shall be eligible to the office of Chief Justice, 
Associate Justice or Judge of the Circuit Court who is not at the 
time of his election a citizen of the United States and of this State, 
and has not attained the age of twenty-six years, has not been a 
licensed attorney at law for at least five years, and been a resident of 
this State for five years next preceding his election. 

Sec. 11. All vacancies in the Supreme Court or inferior tribunals 
shall be tilled by elections as herein prescribed: Provided, That if 
the unexpired term does not exceed one year such vacancy may be 
filled by Executive appointment. All Judges, by virtue of their office, 
shall be conservators of the peace throughout the State; and when a 
vacancy is filled by either appointment or election, the incumbent shall 
hold only for the unexpired term of his predecessor. 



South Carolina— 1 80S 3323 

Sec. 12. In all cases decided by the Supreme Court the concurrence 
of three of the Justices shall be necessary for a reversal of the judg- 
ment below, but if the four Justices equally divide in opinion the 
judgment below shall be affirmed, subject to the provisions herein- 
after prescribed. Whenever, upon the hearing of any cause or ques- 
tion before the Supreme Court, in the exercise of its original or 
appellate jurisdiction, it shall appear to the Justices thereof, or any 
two of them, that there is involved a question of constitutional law, 
or of conflict between the Constitution and laws of this State and of 
the United States, or between the duties and obligations of her citi- 
zens under the same, upon the determination of which the entire 
Court is not agreed ; or whenever the Justices of said Court, or any 
two of them, desire it on any cause or question so before said Court, 
the Chief Justice, or in his absence the presiding Associate Justice, 
shall call to the assistance of the Supreme Court all of the Judges 
of the Circuit Court: Provided, hoioevt / , That when the matter to be 
submitted is involved in an appeal from the Circuit Court, the Cir- 
cuit Judge who tried the cause shall not sit. A majority of the 
Justices of the Supreme Court and Circuit Judges shall constitute a 
quorum. The decision of the Court so constituted, or a majority of 
the Justices and Judges sitting, shall be final and conclusive. In such 
case the Chief Justice, or in his absence the presiding Associate Jus- 
tice, shall preside. Whenever the Justices of the Supreme Court and 
the Circuit Judges meet together for the purposes aforesaid, if the 
number thereof qualified to sit constitute an even number, then one of 
the Circuit Judges must retire ; and the Circuit Judges present shall 
determine by lot which of their number shall retire. 

Sec. 13. The State shall be divided into as many Judicial Circuits 
as the General Assembly may prescribe, and for each Circuit a Judge 
shall be elected by joint viva voce vote of the General Assembly, 
who shall hold his office for a term of four years ; and at the time of 
his election he shall be an elector of a County of, and during his con- 
tinuance in office he shall reside in, the Circuit of which he is Judge. 
The present Judges of the Circuit Courts shall continue in office until 
the expiration of the terms for which they were elected, and, should 
a new division of the Judicial Circuits be made, shall be the Judges of 
the respective Circuits in which they shall reside after said division. 

Sec 14. Judges of the Circuit Courts shall interchange Circuits 
with each other, and the General Assembly shall provide therefor. 

Sec 15. The Courts of Common Pleas shall have original jurisdic- 
tion, subject to appeal to the Supreme Court, to issue writs or orders 
of injunction, mandamus, habeas corpus, and such other writs as may 
be necessary to carry their powers into full effect. They shall have 
jurisdiction in all civil cases. They shall have appellate jurisdiction 
in all cases within the jurisdiction of inferior Courts, except from 
such inferior Courts from which the General Assembly shall provide 
an appeal directly to the Supreme Court. 

Sec 16. The Court of Common Pleas shall sit in each County in 
this State at least twice in every year at such stated times and places 
as may be appointed by law. 

Sec 17. It shall be the duty of the Justices of the Supreme Court 
to file their decisions within sixty days from the last day of the Court 
at which the cases were heard; and the duty of the Judges of the 



3324 South Carolina— 1895 

Circuit Courts to file their decisions within sixty days from the rising 
of the last Court of the Circuit then beirjg held. 

Sec. 18. The Court of General Sessions shall have jurisdiction in 
all criminal cases except those cases in which exclusive jurisdiction 
shall be given to inferior Courts, and in these it shall have appellate 
jurisdiction. It shall also have concurrent jurisdiction with, as well 
as appellate jurisdiction from, the inferior Courts in all cases of riot, 
assault and battery, and larceny. It shall sit in each County in the 
State at least twice in each year at such stated times and places as the 
General Assembly may direct. 

Sec. 19. The Court of Probate shall remain as now established in 
the County of Charleston. In all other Counties of the State the 
jurisdiction in all matters testamentary and of administration, in 
business appertaining to minors and the allotment of dower, in cases 
of idiocy and lunacy, and persons non compos mentis, shall be vested 
as the General Assembly may provide, and until such provision such 
jurisdiction shall remain in the Court of Probate as now established. 

Sec. 20. A sufficient number of Magistrates shall be appointed and 
commissioned by the Governor, by and with the advice and consent 
of the Senate, for each County, who shall hold their offices for the 
term of two years and until their successors are appointed and quali- 
fied. Each Magistrate shall have the power, under such regulations 
as may now or hereafter be provided by law, to appoint one or more 
Constables to execute writs and processes issued by him. The present 
Trial Justices are declared Magistrates as herein created, and shall 
exercise the powers and duties of said office of Magistrate until their 
successors shall be appointed and qualified. Each Magistrate shall 
receive a salary, to be fixed by the General Assembly, in lieu of all 
fees in criminal cases. 

Sec. 21. Magistrates shall have jurisdiction in such civil cases as 
the General Assembly may prescribe: Provided, Such jurisdiction 
shall not extend to cases where the value of property in controversy, 
or the amount claimed, exceeds one hundred dollars, or to cases where 
the title to real estate is in question, or to cases in chancery. They 
shall have exclusive jurisdiction in such criminal cases as the General 
Assembly may prescribe: Provided, further. Such jurisdiction shall 
not extend to cases where the punishment exceeds a fine of one hun- 
dred dollars or imprisonment for thirty days. In criminal matters 
beyond their jurisdiction to try, they shall sit as Examining Courts, 
and commit, discharge or (except in capital cases) recognize persons 
charged with such offences, subject to such regulations as the General 
Assembly may provide. They shall also have the power to bind over 
to keep the peace and for good behavior for a time not to exceed 
twelve months. 

Sec. 22. All persons charged with an offence shall have the right 
to demand and obtain a trial by jury. The jury in cases civil or 
criminal in all municipal Courts, and Courts inferior to Circuit 
Courts, shall consist of six. The grand jury of each County shall 
consist of eighteen members, twelve of whom must agree in a matter 
before it can be submitted to the Court. 

The petit jury of the Circuit Courts shall consist of twelve men, all 
of whom must agree to a verdict in order to render the same. 



South Carolina— 1895 3325 

Each juror must be a qualified elector under the provisions of this 
Constitution, between the ages of twenty-one and sixty-five years, and 
of good moral character. 

Sec. 23. Every civil action cognizable by Magistrates shall be 
brought before a Magistrate in the County where the defendant 
resides, and every criminal action in the County where the offence 
was committed. In all cases tried by them, the right of appeal shall 
be secured under such rules and regulations as may be provided by 
law : Provided, That in Counties where Magistrates have separate and 
exclusive territorial jurisdiction, criminal causes shall be tried in the 
Magistrate's district where the offence was committed, subject to such 
provision for change of venue from one Magistrate's district to 
another in the same County as may be provided by the General 
Assembly. 

Sec. 24. All officers other than those named in Section nine pro- 
vided for in this Article shall receive for their services such compen- 
sation as the General Assembly may from time to time by law direct. 

Sec. 25. Each of the Justices of the Supreme Court and Judges of 
the Circuit Court shall have the same power at chambers to issue 
writs of habeas corpus, mandamus, quo warranto, certiorari, prohibi- 
tion and interlocutory writs or orders of injunction as when in open 
Court. The Judges of the Circuit Courts shall have such powers at 
chambers as the General Assembly may provide. 

Sec. 26. Judges shall not charge juries in respect to matters of fact, 
but shall declare the law. 

Sec. 27. There shall be elected in each County, by the electors 
thereof, one Clerk for the Court of Common Pleas, who shall hold 
his office for the term of four years, and until his successor shall be 
elected and qualified. He shall, by virtue of his office, be Clerk of 
all other Courts of record held therein, but the General Assembly may 
provide by law for the election of a Clerk, with a like term of office, 
for each or any other of the Courts of record, and may authorize the 
Judge of the Probate Court to perforin the duties of Clerk for his 
Court under such regulations as the General Assembly may direct. 
Clerks of Courts shall be removable for such cause and in such man- 
ner as shall be prescribed by law. 

Sec. 28. There shall be an Attorney General for the State, who 
shall perform such duties as may be prescribed by law. He shall be 
elected by the qualified electors of the State for the term of two years, 
and shall receive for his services such compensation as shall be fixed 
by law. 

Sec. 20. There shall be one Solicitor for each Circuit, who shall 
reside therein, to be elected by the qualified electors of the Circuit, 
who shall hold his office for the term of four years, and shall receive 
for his services such compensation as shall be fixed by law. In all 
cases when an Attorney for the State of any Circuit fails to attend 
and prosecute according to law, the Court shall have power to appoint 
an Attorney pro tern pore. In the event of the establishment of 
County Courts the General Assembly may provide for one Solicitor 
for each County in the place and in stead of the Circuit Solicitor, and 
may prescribe his powers, duties and compensation. 

Sec. ?>0. The qualified electors of each County shall elect a Sheriff 
and Coroner, for the term of four years, and until their successors are 



3326 South Carolina— 1895 

elected and qualified; they shall reside in their respective Counties 
during their continuance in office, and be disqualified for the office a 
second time if it should appear that they, or either of them, are in 
default for moneys collected by virtue of their respective offices. 

Sec. 31. All writs and processes shall run and all prosecutions shall 
be conducted in the name of the State of South Carolina; all writs 
shall be attested by the Clerk of the Court from which they shall" be 
issued ; and all indictments shall conclude " against the peace and dig- 
nity of the State." 

Sec. 32. The General Assembly shall provide by law for the speedy 
publication of the decisions of the Supreme Court made under this 
Constitution. 

Sec. 33. Circuit Courts and all Courts inferior thereto and munici- 
pal Courts shall have the power, in their discretion, to impose sen- 
tence of labor upon highways, streets and other public works upon 
persons by them sentenced to imprisonment. 

Sec. 34! All matters, civil and criminal, now pending within the 
jurisdiction of any of the Courts of this State shall continue therein 
until disposed of according to law. 

Article VI 
jurisprudence 

Section 1. The General Assembly shall pass laws allowing differ- 
ences to be decided by arbitrators, to be appointed by the parties who 
may choose that mode of adjustment. 

Sec. 2. It shall be the duty of the General Assembly to pass laws 
for the change of venue in all cases, civil and criminal, over which 
the Circuit Courts have original jurisdiction, upon a proper showing, 
supported by affidavit, that a fair and impartial trial cannot be had 
in the County where such action or prosecution was commenced. The 
State shall have the same right to move for a change of venue that a 
defendant has for such offences as the General Assembly may pre- 
scribe. Unless a change of venue be had under the provisions of this 
Article the defendant shall be tried in the County where the offence 
was committed: Provided, however, That no change of venue shall 
be granted in criminal cases until after a true bill has been found by 
the grand jury: And provided, further, That if a change be ordered 
it shall be to a County in the same Judicial Circuit. 

Sec. 3. Justice shall be administered in a uniform mode of pleading 
without distinction between law and equity. 

Sec. 4. Every Statute shall be a public law, unless otherwise de- 
clared in the Statute itself. 

Sec. 5. The General Assembly, at its first session after the adoption 
of this Constitution, shall provide for the appointment or election 
of a Commissioner, whose duty it shall be to collect and revise all 
the General Statute law of this State then of force as well as that 
which shall be passed from time to time, and to properly index and 
arrange the said Statutes when so passed. And the said Commis- 
sioner shall reduce into a systematic Code the general statutes, includ- 
ing the Code of Civil Procedure, with all the amendments thereto, 
and shall, on the first day of the session for the year nineteen hundred 
and one, and at the end of every subsequent period of not more than 



South Carolina— 1895 3327 

ten years, report the result of his labors to the General Assembly, 
with such recommendations and suggestions as to the abridgment and 
amendments as may be deemed necessary or proper. Said report, 
when ready to be made, shall be printed and a copy thereof laid upon 
the desk of each member of both houses of the General Assembly on 
the first day of the first session, but shall not be taken up for con- 
sideration until the next session of said General Assembly. The said 
Code shall be declared by the General Assembly, in an Act passed 
according to the forms in this Constitution for the enactment of 
laws, to be the only general statutory law of the State ; but no alter- 
ations or additions to any of the laws therein contained shall be made 
except by Bill passed under the formalities heretofore prescribed 
for the passage of laws. Provision shall be made by law for filling 
vacancies, regulating the term of office and the compensation of said 
Commissioner, not exceeding five hundred dollars per annum, and 
imposing such other duties as may be desired. And the General 
Assembly shall by committee inquire into the progress of his work 
at each session. 

Sec. 6. In the case of any prisoner lawfully in the charge, custody 
or control of any officer, State, County or municipal, being seized 
and taken from said officer through his negligence, permission or con- 
nivance, by a mob or other unlawful assemblage of persons, and at 
their hands suffering bodily violence or death, the said officer shall be 
deemed guilty of a misdemeanor, and, upon true bill found, shall be 
deposed from his office pending his trial, and upon conviction shall 
forfeit his office, and shall, unless pardoned by the Governor, be in- 
eligible to hold any office of trust or profit within this State. It shall 
be the duty of the prosecuting Attorney within whose Circuit or 
County the offence may be committed to forthwith institute a prose- 
cution against said officer, who shall be tried in such County, in the 
same Circuit, other than the one in which the offence was committed, 
as the Attorney General may elect. The fees and mileage of all 
material witnesses, both for the State and for the defence, shall be 
paid by the State Treasurer, in such manner as may be provided by 
law: Provided, In all cases of lynching when death ensues, the 
County where such lynching takes place shall, without regard to the 
conduct of the officers, be liable in exemplary damages of not less than 
two thousand dollars to the legal representatives of the person 
lynched: Provided, further, That any County against which a judg- 
ment has been obtained for damages in any case of lynching shall 
have the right to recover the amount of said judgment from the par- 
ties engaged in said lynching in any Court of competent jurisdiction. 

Article VII 

COUNTIES AND COUNTY GOVERNMENT 

Section 1. The General Assembly may establish new Counties in 
the following manner: Whenever one-third of the qualified electors 
within the area of each section of an old County proposed to be cut 
off to form a new County shall petition the Governor for the creation 
of a new County, setting forth the boundaries and showing compli- 
ance with the requirements of this Article, the Governor shall order 
an election, within a reasonable time thereafter, by the qualified 



3328 South Carolina— 1895 

electors within the proposed area, in which election they shall vote 
"Yes" or " No " upon the question of creating said new County; 
and at the same election the question of a name and a County seat 
for such County shall be submitted to the electors. 

Sec. 2. If two-thirds of the qualified electors voting at such elec- 
tion shall vote " Yes " upon such questions, then the General Assem- 
bly at the next session shall establish such new County: Provided, 
No section of the County proposed to be dismembered shall be thus 
cut off without consent by a two-thirds vote of those voting in sueh 
section; and no County shall be formed without complying with all 
the conditions imposed in this Article. An election upon the question 
of forming the same proposed new County shall not be held oftener 
than once in four years. 

Sec. 3. No new County hereafter formed shall contain less than one 
one hundred and twenty-fourth part of the whole number of inliab- 
itants of the State, nor shall it have less assessed taxable property 
than one and one half millions of dollars as shown by the last tax 
returns, nor shall it contain less area than four hundred square miles. 

Sec. 4. No old County shall be reduced to less area than five hun- 
dred square miles, to less assessed taxable property than two million 
dollars, nor to a smaller population than fifteen thousand inhabitants. 

Sec 5. In the formation of new Counties no old County shall be 
cut within eight miles of its court house building. 

Sec. 6. All new Counties hereafter formed shall bear a just appor- 
tionment of the valid indebtedness of the old County or Counties 
from which they have been formed. 

Sec. 7. The General Assembly shall have the power to alter County 
lines at any time: Provided, That before any existing County line is 
altered the question shall be first submitted to the qualified electors 
of the territory proposed to be taken from one County and given to 
another, and shall have received two-thirds of the votes cast: Pro- 
rhlcrf, f milier, That the change shall not reduce the County from 
which the territory is taken below the limits prescribed in Sections :'>. 
4, and 5 of this Article: Provided, That the proper proportion of the 
existing County indebtedness of the section so transferred shall be 
assumed by the County to which the territory is transferred. 

Sec. 8. No County seat shall be removed except by a vote of two- 
thirds of the qualified electors of said County voting in an election 
held for that purpose, but such election shall not be held in any 
County oftener than once in five years. 

Sec. 9. Each County shall constitute one election district, and shall 
be a body politic and corporate. 

Sec. 10. The General Assembly may provide for the consolidation 
of two or more existing Counties if a majority of the qualified electors 
of such Counties voting at an election held for that purpose shall vote 
separately therefor, but such election shall not be held oftener than 
once in fo*tr years in the same Counties. 

Sec 11. Each of the several townships of this State, with names 
and boundaries as now established by law, shall constitute a body 
politic and corporate, but this shall not prevent the General Assembly 
from organizing other townships or changing the boundaries of those 
already established; and the General Assembly may provide such sys- 
tem oi township government as it shall think proper in any and all 



South Carolina— 1895 3329 

the Counties, and may make special provision for municipal gov- 
ernment and for the protection of chartered rights and powers of 
municipalities. 

Sec. 12. Until changed by the General Assembly, as allowed by 
this Constitution, the boundaries of the several Counties shall remain 
as now established, except that tlie boundaries of the County of Edge- 
field shall undergo such changes as are made necessary by the forma- 
tion of a new County from a portion of Edgefield, to be known as 
Saluda, the boundaries of which are set forth in a Constitutional ordi- 
nance. The election ordered in said ordinance for the location of its 
County seat shall be held under the Constitution and laws now of 
force. And the General Assembly shall provide for the assessment 
of property in the County of Saluda for the fiscal year beginning 
January first, eighteen hundred and ninety-six, and for the collection 
of said taxes when assessed. 

Sec. 13. The General Assembly may at any time arrange the vari- 
ous Counties into Judicial Circuits, and into Congressional Districts, 
including the County of Saluda, as it may deem wise and proper, and 
may establish or alter the location of voting precincts in any County. 

Sec. 1-4. Hereafter no County lines shall be so established as to pass 
through any incorporated city or town of this State. 

Article VIII 

MUNICIPAL CORPORATIONS AND POLICE PECULATIONS 

Section 1. The General Assembly shall provide by general laws 
for the organization and classification of municipal corporations. 
The powers of each class shall be defined so that no such corporations 
shall have any powers or be subject to any restrictions other than all 
corporations of the same class. Cities and towns now existing under 
special charters may reorganize under the general laws of the State, 
and when so reorganized their special charters shall cease and 
determine. 

Sec. 2. No city or town shall be organized without the consent of 
the majority of the electors residing and entitled by law to vote within 
the district proposed to be incorporated ; such consent to be ascer- 
tained in the manner and under such regulations as may be prescribed 
by law. 

Sec. ?>. The General Assembly shall restrict the pow r ers of cities and 
towns to levy taxes and assessments, to borrow money and to contract 
debts, and no tax or assessment shall be levied or debt contracted 
except in pursuance of law, for public purposes specified by law. 

Sec. 4. Xo law shall be passed by the General Assembly granting 
the right to construct and operate a street or other railway, telegraph, 
telephone or electric plant, or to erect water or gas works for public 
uses or to lay mains for any purpose, without first obtaining the con- 
sent of the local authorities in control of the streets or public places 
proposed to be occupied for any such or like purposes. 

Sec. 5. Cities and towns may acquire, by construction or purchase, 
and may operate, water works systems and plants for furnishing 
lights, and may furnish water and lights to individuals, firms and 
private corporations for reasonable compensation: Provided, That no 



3330 South Carolina— 1895 

such construction or purchase shall be made except upon a majority 
vote of the electors in said cities or towns who are qualified to vote 
on the bonded indebtedness of said cities or towns. 

Sec 6. The corporate authorities of cities and towns in this State 
shall be vested with power to assess and collect taxes for corporate 
purposes, said taxes to be uniform in respect to persons and property 
within the jurisdiction of the body composing the same; and all the 
property, except such as is exempt by law, within the limits of citie ; 
and towns shall be taxed for the payment of debts contracted under 
authority of law. License or privileged taxes imposed shall be gradu- 
ated so as to secure a just imposition of such tax upon the classes 
subject thereto. 

Sec. 7. No city or town in this State shall hereafter incur any 
bonded debt which, including existing bonded indebtedness, shall 
exceed eight per centum of the assessed value of the taxable property 
therein, and no such debt shall be created without submitting the, 
question as to the creation thereof to the qualified electors of sueh 
city or town, as provided in this Constitution for such special elec- 
tions; and unless a majority of such electors voting on the question 
shall be in favor of creating such further bonded debt, none shall Be 
created : Provided, That this Section shall not be construed to prevent 
the issuing of certificates of indebtedness in anticipation of the col- 
lection of taxes for amounts actually contained or to be contained in 
the taxes for the year when such certificates are issued and payable 
out of such taxes: And provided, further, That such cities and towns 
shall on the issuing of such bonds create a sinking fund for the re- 
demption thereof at maturity. Nothing herein contained shall pre- 
vent the issuing of bonds to an amount sufficient to refund bonded 
indebtedness existing at the time of the adoption of this Constitution. 

Sec. 8. Cities and towns may exempt from taxation, by general or 
special ordinance, except for school purposes, manufactories estab- 
lished within their limits for five successive years from the time of the 
establishment of such manufactories: Provided, That such ordinance 
shall be first ratified by a majority of such qualified electors of such 
city or town as shall vote at an election held for that purpose. 

Sec 9. No armed police force or representatives of a detective 
agency shall ever be brought into this State for the suppression of 
domestic violence; nor shall any other armed or unarmed body of 
men be brought in for that purpose, except upon the application of 
the General Assembly or of the Executive of this State (when the 
General Assembly is not in session), as provided in the Constitution 
of the United States. The General Assembly shall provide proper 
penalties for the enforcement of the provisions of this Section. 

Sec. 10. It shall be the duty of the General Assembly to create 
Boards of Health wherever they may be necessary, giving to them 
power and authority to make such regulations as shall protect the 
health of th^ community and abate nuisances. 

Sec 11. In the exercise of the police power the General Assembly 
shall have the right to prohibit the manufacture and sale and retail 
of alcoholic liquors or beverages within the State. The General 
Assembly may license persons or corporations to manufacture and 
sell and retail alcoholic liquors or beverages within the State under 
such rules and restrictions as it deems proper ; or the General Assem- 



South Caroliw—1895 3331 

bly may prohibit the manufacture and sale and retail of alcoholic 
liquors and beverages within the State, and may authorize and em- 
power State. County and municipal officers, all or either, under the 
authority and in the name of the State, to buy in any market and 
retail within the State liquors and beverages in such packages and 
quantities, under such rules and regulations, as it deems expedient: 
Provided, That no license shall be granted to sell alcoholic beverages 
in less quantities than one-half pint, or to sell them between sundown 
and sunrise, or to sell them to be drunk on the premises: And pro- 
vided, further, That the General Assembly shall not delegate to any 
municipal corporation the power to issue licenses to sell the same. 

Sec. 12. All prize-fighting is prohibited in this State, and the 
General Assembly shall provide by proper laws for the prevention 
and punishment of the same. 

Article IX 

CORP( (RATIONS 

Section 1. The term corporation as used in this Article includes 
all associations and joint stock companies having powers and privi- 
leges not possessed by individuals or partnerships, and excludes 
municipal corporations. 

Sec. '2. No charter of incorporation shall be granted, changed or 
amended by special law, except in the case of such charitable, educa- 
tional, penal or reformatory corporations as may be under the control 
of the State, or may be provided for in this Constitution, but the 
General Assembly shall provide by general laws for changing or 
amending existing charters, and for the organization of all corpora- 
tions hereafter to be created, and any such law so passed, as well as 
all charters now existing or hereafter created, shall be subject to 
future repeal or alteration: Provided, That the General Assembly 
may by a two-thirds vote of each house on a concurrent resolution 
allow a Bill for a special charter to be introduced, and when so intro- 
duced may pass the same as other Bills. 

Sec, 3. All railroad, express, canal and other corporations engaged 
in transportation for hire and all telegraph and other corporations 
engaged in the business of transmitting intelligence for hire are 
common carriers in their respective lines of business, and are subject 
to liability and taxation as such. It shall be unlawful for any such cor- 
poration to make any contract relieving it of its common law liability 
or limiting the same, in reference to the carriage of passengers. . 

Sec. 4. Every corporation organized or doing business in this State, 
other than religious, educational or benevolent associations, shall have 
and maintain at least one agent in this State upon whom process may 
be served, and at least one public office for the transaction of its 
business: Provided, This Section shall not apply to mercantile cor- 
porations: Provided, That nothing contained in this Section shall be 
construed to prohibit the General Assembly from providing for the 
service of process on any agent of a corporation so as to bind such 
corporation. 

Sec. 5. No discrimination in charges or facilities for transportation 
of the same classes of freight or passengers, or for the transmission 



3332 South Carolina— 1805 



of intelligence within this State, or coming from or going to any other 

State, shall be made by any railroad or other transportation or trans- 
mission company between places or persons. 

Persons and property transported by any railroad or any other 
transportation or transmission company or corporation, shall be 
delivered at any station, landing or port at charges not exceeding 
the charges for the transportation of persons and property of the 
same class, in the same direction, to any more distant station, landing 
or port. Excursion and commutation tickets may be issued at special 
rates. This Section shall not prevent the Railroad Commission from 
making such competitive rates as shall, in their judgment, be just and 
equitable between the railroads and the public, at all junctional and 
competitive points or at points where water competition controls the 
traffic or at points where the competition of points located in other 
States may make necessary the prescribing of different rates for the 
protection of the commerce of this State. 

Sec. 6. Any railroad or other transportation corporation, and any 
telegraph or other transmitting corporation, organized under the laws 
of this State, shall have the right to connect its roads or lines, at the 
State line, with those in other States, and shall have the right to inter- 
sect with or cross any other railroad, street railway, transportation 
road or transmitting line, and shall each receive and transport the 
freight, passengers, cars (loaded or empty) and messages delivered to 
it by another without delay or discrimination. 

Sec. 7. No railroad, or other transportation company, and no tele- 
graph or other transmitting corporation, or the lessees, purchasers 
or managers of any such corporation, shall consolidate the stock, 
property or franchises of such corporation with, or lease or purchase 
the works or franchises of, or in any way control, any other railroad 
or other transportation, telegraph or other transmitting company 
owning or haying under its control a parallel or competing line; and 
the question whether railroads or other transportation, telegraph or 
other transmitting companies are parallel or competing lines shall. 
when demanded by the party complainant, be decided by a jury as in 
other civil causes. 

Sec. 8. The General Assembly shall not grant to any foreign cor- 
poration or association a license to build, operate or lease any rail- 
road in this State; but in all cases where a railroad is to be built or 
operated, or is now being operated, in this State, and the same shall 
be partly in this State and partly in another State, or in other States, 
the owners or projectors thereof shall first become incorporated under 
the laws of this State; nor shall any foreign corporation or associa- 
tion lease or operate any railroad in this State, or purchase the same 
or any interest therein. Consolidation of any railroad lines and cor- 
porations in this State with others shall be allowed only where the 
consolidated company shall become a domestic corporation of this 
State, ^i© general or special law shall ever be passed for the benefit 
of any foreign corporation operating a railroad under an existing 
license of this State or under any existing lease, and no grant of any 
right or privilege and no exemption from any burden shall be made to 
any such foreign corporation, except upon the condition that the 
owners or stockholders thereof shall first organize a corporation in 
this State under the laws thereof, and shall thereafter operate and 



South Carolina— 1 895 3333 

manage the same and the business thereof under said domestic 
charter. 

Sec. 9. The General Assembly shall have no power to grant any 
special charter for banking purposes, but corporations or associations 
may be formed for such purposes under general laws, with such 
privileges, powers and limitations, not inconsistent with this Consti- 
tution, as it may deem proper. The General Assembly shall provide 
by law for the thorough examination and inspection of all banking 
and fiscal corporations of this State. 

Sec. 10. Stock or bonds shall not be issued by any corporation save 
for labor done, or money or property actually received or subscribed ; 
and all fictitious increase of stock or indebtedness shall be void. 

Sec. 11. The General Assembly shall provide by law for the elec- 
tion of directors, trustees or managers of all corporations so that each 
stockholder shall be allowed to cast, in person or by proxy, as many 
votes as the number of shares he owns multiplied by the number of 
directors, trustees or managers to be elected, the same to be cast for 
any one candidate or to be distributed among two or more candidates. 

Sec. 1± Corporations shall not engage in any business except that 
specifically authorized by their charters or necessarily incident thereto. 

Sec. 13. The General Assembly shall enact laws to prevent all 
trusts, combinations, contracts and agreements against the public 
welfare; and to prevent abuses, unjust discriminations and extortion 
in all charges of transporting and transmitting companies; and shall 
pass laws for the supervision and regulation of such companies by 
commission or otherwise, and shall provide adequate penalties, to the 
extent, if necessary for that purpose, of forfeiture of their franchises. 

Sec. 14. A Commission is hereby established to be known as "the 
Railroad Commission. " which shall be composed of not less than 
three members, whose powers over all transporting and transmitting 
corporations, and duties, manner of election and term of office shall 
be regulated by law; and until otherwise provided by law the said 
Commissioners shall have the same powers and jurisdiction, perform 
the same duties and receive the same compensation as now conferred, 
prescribed and allowed by law to the existing Railroad Commis- 
sioners: Prodded, That the members thereof shall be elected at the 
expiration of the terms of the present Railroad Commissioners, who 
are hereby continued in office for the terms for which they were 
elected. 

Sec. 15. Every employee of any railroad corporation shall have 
the same rights and remedies for any injury suffered by him from 
the acts or omissions of said corporation or its employees as are 
allowed by law to other persons not employees, when the injury 
results from the negligence of a superior agent or officer, or of a 
person having a right to control or direct the services of a party 
injured, and also when the injury results from the negligence of a 
fellow servant engaged in another department of labor from that of 
the party injured, or of a fellow servant on another train of cars, or 
one engaged about a different piece of work. Knowledge by any 
employee injured of the defective or unsafe character or condition 
of any machinery, ways or appliances shall be no defence to an action 
for injury caused thereby, except as to conductors or engineers in 
charge of dangerous or unsafe cars or engines voluntarily operated 

7254— vol 6—09 10 



3334 South Carolina— 1895 

by them. When death ensues from any injury to employees, the 
legal or personal representatives of the person injured shall have 
the same right and remedies as are allowed by law to such repre- 
sentatives of other persons. Any contract or agreement, expressed or 
implied, made by any employee to waive the benefit of this Section 
shall be null and void; and this Section shall not be construed to 
deprive any employee of a corporation, or his legal or personal rep- 
resentative, of any remedy or right that he now has by the law of 
the land. The General Assembly may extend the remedies herein 
provided for to any other class of employees. 

Sec. 16. All existing charters or grants of corporate franchise 
under which organizations have not in good faith taken place at. the 
adoption of this Constitution shall be subject to the provisions of 
this Article. 

Sec. 17. The General Assembly shall never remit the forfeiture 
of the franchise of any corporation now chartered, nor alter nor 
amend the charter thereof, nor pass any general or special law for 
the benefit of such corporation, except upon the condition that such 
corporation shall thereafter hold its charter and franchise subject 
to the provisions of this Constitution, and the acceptance by any 
corporation of any provision of any such laws or the taking of any 
benefit or advantage from the same shall be conclusively held an 
agreement by such corporation to hold its charter and franchises 
under the provisions of this Article. 

Sec. 18. The stockholders of all insolvent corporations shall be 
individually liable to the creditors thereof only to the extent of the 
amount remaining due to the corporations upon the stock owned by 
them: Provided, That stockholders in banks or banking institutions 
shall be liable to depositors therein in a sum equal in amount to their 
stock over and above the face value of the same. 

Sec. 19. Nothing prohibited in this Article shall be permitted to be 
done by any corporation or company, persons or person, either for 
its or their own benefit or otherwise, by its or their holding or control- 
ling in its or their own name or otherwise, or in the name of an other 
person or persons, or other corporation or company whatsoever, a 
majority of the capital stock, or of bonds having voting power, of any 
railroad or transportation company, or corporation created by or 
existing under the laws of this State, or doing business within this 
State. 

Sec. 20. No right of way shall be appropriated to the use of any 
corporation until full compensation therefor shall be first made to the 
owner or secured by a deposit of money, irrespective of any benefit 
from any improvement proposed by such corporation, which compen- 
sation shall be ascertained by a jury of twelve men, in a Court of 
record, as shall be prescribed by law. 

Sec. 21. The General Assembly shall enforce the provisions of 
this Article by appropriate legislation. 

Article X 

FINANCE AND TAXATION 

Section 1. The General Assembly shall provide by law for a uni- 
form and equal rate of assessment and taxation, and shall prescribe 



South Carolina— 1895 3335 

regulations to secure a just valuation for taxation of all property, 
real, personal and possessory, except mines and mining claims, the 
products of which alone shall be taxed ; and also excepting such prop- 
erty as may be exempted by law for municipal, educational, literary, 
scientific, religious or charitable purposes: Provided, however, That 
the General Assembly may impose a capitation tax upon such domes- 
tic animals as from their nature and habits are destructive of other 
property: And provided, further, That the General Assembly may 
provide for a graduated tax on incomes, and for a graduated license 
on occupations and business. 

Sec. 2. The General Assembly shall provide for an annual tax 
sufficient to defray the estimated expenses of the State for each year, 
and whenever it shall happen that the ordinary expenses of t In- 
sufficient to defray the estimated expenses of the State for each year, 
the General Assembly shall provide for levying a tax for the ensuing 
year sufficient, with other sources of income, to pay the deficiency of 
the preceding year together with the estimated expenses of the ensu- 
ing year. 

Sec. 3. No tax shall be levied except in pursuance of a law which 
shall distinctly state the object of the same; to which object the tax 
shall be applied. 

Sec' 4. There shall be exempted from taxation all County, town- 
ship and municipal property used exclusively for public purposes 
and not for revenue, and the property of all schools, colleges and 
institutions of learning, all charitable institutions in the nature of 
asylums for the infirm, deaf and dumb, blind, idiotic and indigent 
persons, except where the profits of such institutions are applied to 
private uses; all public libraries, churches, parsonages and burying 
grounds; but property of associations and societies, although con- 
nected with charitable objects, shall not be exempt from State, 
County or municipal taxation: Provided, That as to real estate this 
exemption shall not extend beyond the buildings and premises 
actually occupied by such schools, colleges, institutions of learning. 
asylums, libraries, churches, parsonages and burial grounds, although 
connected with charitable objects. 

Sec. 5. The corporate authorities of Counties, townships, school 
districts, cities, towns and villages may be vested with power to assess 
and collect taxes for corporate purposes; such taxes to be uniform 
in respect to persons and property within the jurisdiction of the 
body imposing the same. All shares of the stockholders in any bank 
or banking association located in this State, whether now or here- 
after incorporated, or organized under the laws of this State or of 
the United States, shall be listed at their true value in money, and 
taxed for municipal purposes in the city, ward, town or incorporated 
village where such bank is located, and not elsewhere: Provided, 
That the words " true value in money " as used in line 12 [line 12 of 
original MS. and line 9 of this printing. — Editor] of this Section 
shall be so construed as to mean and include all surplus or extra 
moneys, capital, and every species of personal property of value 
owned or in possession of any such bank: Provided, A like rule of 
taxation shall apply to the stockholders of all corporations other 
than banking institutions. And the General Assembly shall require 
that all the property, except that herein permitted to be exempted 



3336 South Carolina— 1895 

within the limits of municipal corporations, shall be taxed for cor- 
porate purposes and for the payment of debts contracted under au- 
thority of law. The bonded debt of any County, township, school 
district, municipal corporation or political division or subdivision 
of this State shall never exceed eight per centum of the assessed 
value of all the taxable property therein. And no County, town- 
ship, municipal corporation or other political division of this State 
shall hereafter be authorized to increase its bonded indebtedness if 
at the time of any proposed increase thereof the aggregate amount 
of its already existing bonded debt amounts to eight per centum of 
the value of all taxable property therein as ascertained by the valua- 
tion for State taxation. 

And wherever there shall be several political divisions or munici- 
pal corporations covering or extending over the same territory, or 
portions thereof, possessing a power to levy a tax or contract a debt, 
then each of such political divisions or municipal corporations shall 
so exercise its power to increase its debt under the foregoing eight 
per cent, limitation that the aggregate debt over and upon any ter- 
ritory of this State shall never exceed fifteen per centum of the value 
of all taxable property in such territory as valued for taxation by 
the State: Provided, That nothing herein shall prevent the issue of 
bonds for the purpose of paying or refunding any valid municipal 
debt heretofore contracted in excess of eight per centum of the assessed 
value of all the taxable property therein. 

Sec. 6. The credit of the State shall not be pledged or loaned for 
the benefit of any individual, company, association or corporation; 
and the State shall not become a joint owner of or stockholder in any 
company, association or corporation. The General Assembly shall 
not have power to authorize any County or township to levy a tax 
or issue bonds for any purpose except for educational purposes, to 
build and repair public roads, buildings and bridges, to maintain 
and support prisoners, pay jurors, Count}' officers, and for litigation, 
quarantine and Court expenses, and for ordinary County purposes, 
to support paupers, and pay past indebtedness. 

Sec. 7. No scrip, certificate or other evidence of State indebted- 
ness shall be issued except for the redemption of stock, bonds or 
other evidences of indebtedness previously issued, or for such debts 
as are expressly authorized in this Constitution. 

Sec. 8. An accurate statement of the receipts and expenditures of 
the public money shall be published with the laws of each regular 
session of the General Assembly, in such manner as may by law be 
directed. 

Sec. 9. Money shall be drawn from the Treasuiy only in pursu- 
ance of appropriations made by law. 

Sec. 10. The fiscal yeai* shall commence on the first day of January 
in each year. 

Sec. 11*' To the end that the public debt of South Carolina may not 
hereafter be increased without the due consideration and free con- 
sent of the people of the State, the General Assembly is hereby for- 
bidden to create any further debt or obligation, either by the loan 
of the credit of the State, by guaranty, endorsement or otherwise, 
except for the ordinary and current business of the State, without 
first submitting the question as to the creation of such new debt, guar- 
anty, endorsement or loan of its credit to the qualified electors of 



South Carolina— 18.95 3337 

this State at a general State election; and unless two-thirds of the 
qualified electors of this State, voting on the question, shall be in 
favor of increasing the debt, guaranty, endorsement or loan of its 
credit, none shall be created or made. And any debt contracted by 
the State shall be by loan on State bonds, of amounts not less than 
fifty dollars each, bearing interest, payable not more than forty years 
after final passage of the law authorizing such debt. A correct regis- 
try of all such bonds shall be kept by the Treasurer in numerical 
order, so as to always exhibit the number and amount unpaid, 
and to whom severally made payable. And the General Assembly 
shall levy an annual tax sufficient to pay the annual interest on said 
bonds. 

Sec. 12. Suitable laws shall be passed by the General Assembly 
for the safe-keeping, transfer and disbursement of the State, County 
and school funds; and all officers and other persons charged with 
the same shall keep an accurate entry of each sum received, and of 
each payment and transfer, and shall give such security for the 
faithful discharge of such duties as the General Assembly may pro- 
vide. And it shall be the duty of the General Assembly to pass laws 
making embezzlement of such funds a felony, punishable by fine and 
imprisonment, proportioned to the amount of the deficiency or em- 
bezzlement, and the party convicted of such felony shall be disquali- 
fied from ever holding any office of honor or emolument in this 
State: Provided, however ', That the General Assembly, by a two- 
thirds vote, may remove the disability upon payment in full of the 
principal and interest of the sum embezzled. 

Sec. 13. The General Assembly shall provide for the assessment 
of all property for taxation; and State, County, township, school, 
municipal and all other taxes shall be levied on the same assessment. 
which shall be that made for State taxes: and the taxes for the sub- 
divisions of the State shall be levied and collected by the respective 
fiscal authorities thereof. 

Article XI 

EDUCATION 

Section 1. The supervision of public instruction shall be vested 
in a State Superintendent of Education, who shall be elected for the 
term of two years by the qualified electors of the State, in such 
manner and at such time as the other State officers are elected; his 
powers, duties and compensation shall be defined by the General 
Assembly. 

Sec. 2. There shall be a State Board of Education, composed of 
the Governor, the State Superintendent of Education, and not exceed- 
ing seven persons to be appointed by the Governor every four years, 
of which Board the Governor shall be Chairman, and the State 
Superintendent of Education. Secretary. This Board shall have the 
regulation of examination of teachers applying for certificates of 
qualification, and shall award all scholarships, and have such other 
powers and duties as may be determined by law. The traveling 
expenses of the persons to be appointed shall be provided for by the 
General Assembly. 

Sec. 3. The General Assembly shall make provision for the elec- 
tion or appointment of all other necessary school officers, and shall 



3338 South Carolina— 1895 

define their qualifications, powers, duties, compensation and terms of 
office. 

Sec. 4. The salaries of the State and County school officers and 
compensation of County Treasurers for collecting and disbursing 
school moneys shall not be paid out of the school funds, but shall be 
otherwise provided for by the General Assembly. 

Sec. 5. The General Assembly shall provide for a liberal system of 
free public schools for all children between the ages of six and twenty- 
one years, and for the division of the Counties into suitable school dis- 
tricts, as compact in form as practicable, having regard to natural 
boundaries, and not to exceed forty-nine nor be less than nine square 
miles in area: Provided, That in cities of ten thousand inhabitants 
and over, this limitation of area shall not apply: Provided, further, 
That when any school district laid out under this Section shall em- 
brace cities or towns already organized into special school districts in 
which graded school buildings have been erected by the issue of bonds, 
or by special taxation, or by donation, all the territory included in 
said school district shall bear its just proportion of any tax that may 
be levied to liquidate such bonds or support the public schools therein : 
Provided, further, That nothing in this Article contained shall be con- 
strued as a repeal of the laws under which the several graded school 
districts of this State are organized. The present division of the 
Counties into school districts and the provisions of law now governing 
the same shall remain until changed by the General Assembly. 

Sec. 6. The existing County Boards of Commissioners of the sev- 
eral Counties, or such officer or officers as may hereafter be vested with 
the same or similar powers and duties, shall levy an annual tax of 
three mills on the dollar upon all the taxable property in their respec- 
tive Counties, which tax shall be collected at the same time and by 
the same officers as the other taxes for the same year, and shall be held 
in the County treasury of the respective Counties; and the said fund 
shall be apportioned among the school districts of the County in pro- 
portion to the number of pupils enrolled in the public schools of the 
respective districts, and the officer or officers charged by law with 
making said apportionment shall notify the Trustees of the respective 
school districts thereof, who shall expend and disburse the same as the 
General Assembly may prescribe. The General Assembly shall 
define " enrollment." Not less than three Trustees for each school 
district shall be selected from the qualified voters and taxpayers 
therein, in such manner and for such terms as the General As- 
sembly may determine, except in cases of special school districts now 
existing, where the provisions of law now governing the same shall 
remain until changed by the General Assembly: Provided, The 
manner of the selection of said Trustees need not be uniform through- 
out the State. There shall be assessed on all taxable polls in the 
State between the ages of twenty-one and sixty years (excepting 
Confederate soldiers above the age of fifty years), an annual tax of 
one dollar on each poll, the proceeds of which tax shall be expended 
for school purposes in the several school districts in which it is col- 
lected. Whenever during the three next ensuing fiscal years the tax 
levied by the said County Boards of Commissioners or similar officers 
and the poll tax shall not yield an amount equal to three dollars per 
capita of the number of children enrolled in the public schools of each 



South Carolina — 1895 3339 

County for the scholastic year ending the thirty-first day of October 
in the year eighteen hundred and ninety-five, as it appears in the 
report of the State Superintendent of Education for said scholastic 
year, the Comptroller-General shall, for the aforesaid three next ensu- 
ing fiscal years, on the first day of each of said years, levy such an 
annual tax on the taxable property of the State as he may determine 
to be necessary to make up such deficiency, to be collected as other 
State taxes, and apportion the same among the Counties of the State 
in proportion to the respective deficiencies therein. The sum so ap- 
portioned shall be paid by the State Treasurer to the County Treas- 
urers of the respective Counties, in proportion to the respective de- 
ficiencies therein, on the warrant of the Comptroller-General, and 
shall be apportioned among the school districts of the Counties, and 
disbursed as other school funds; and from and after the thirty-first 
day of December, in the year eighteen hundred and ninety-eight, the 
General Assembly shall cause to be levied annually on all the taxable 
property of the State such a tax, in addition to the said tax levied by 
the said County Boards of Commissioners or similar officers, and poll 
tax above provided, as may be necessary to keep the schools open 
throughout the State for such length of time in each scholastic year 
as the General Assembly may prescribe; and said tax shall be appor- 
tioned among the Counties in proportion to the deficiencies therein 
and disbursed as other school funds. Any school district may by the 
authority of the General Assembly levy an additional tax for the 
support of its schools. 

Sec. 7. Separate schools shall be provided for children of the white 
and colored races, and no child of either race shall ever be permitted 
to attend a school provided for children of the other race. 

Sec. 8. The General Assembly may provide for the maintenance 
of Clemson Agricultural College, the University of South Carolina, 
and the Winthrop Normal and Industrial College, a branch thereof, 
as now established by law, and may create scholarships therein ; the 
proceeds realized from the land scrip given by the Act of Congress 
passed the second day of July, in the year eighteen hundred and 
sixty-two, for the support of an agricultural college, and any lands 
or funds which have heretofore been or may hereafter be given or 
appropriated for educational purposes by the Congress of the United 
States, shall be applied as directed in the Acts appropriating the 
same: Provided, That the General Assembly shall, as soon as prac- 
ticable, wholly separate Claflin College from Claflin University, and 
provide for a separate corps of professors and instructors therein, 
representation to be given to men and women of the negro race ; and 
it shall be the Colored Normal, Industrial, Agricultural and Mechan- 
ical College of this State. 

Sec. 9. The property or credit of the State of South Carolina, or of 
any County, city, town, township, school district, or other subdivision 
of the said State, or any public money, from whatever source derived, 
shall not, by gift, donation, loan, contract, appropriation, or other- 
wise, be used, directly or indirectly, in aid or maintenance of any 
college, school, hospital, orphan house, or other institution, society or 
organization, of whatever kind, which is wholly or in part under the 
direction or control of any church or of any religious or sectarian 
denomination, society or organization. 



3340 • South Carolina— 1895 

Sec. 10. All gifts of every kind for educational purposes, if Ac- 
cepted by the General Assembly, shall be applied and used for the 
purposes designated by the giver, unless the same be in conflict with 
the provisions of this Constitution. 

Sec. 11. All gifts to the State where the purpose is not designated, 
all escheated property, the net assets or funds of all estates or copart- 
nerships in the hands of the Courts of the State where there have 
been no claimants for the same within the last seventy years, and 
other money coming into the Treasury of the State by reason of the 
twelfth Section of an Act entitled "An Act to provide a mode of dis- 
tribution of the moneys as direct tax from the citizens of this State 
by the United States in trust to the State of South Carolina," ap- 
proved the twenty-fourth day of December, in the year eighteen hun- 
dred and ninety-one, together with such other means as the General 
Assembly may provide, shall be securely invested as the State School 
Fund, and the annual income thereof shall be apportioned by the 
General Assembly for the purpose of maintaining the public schools. 

Sec. 12. All the net income to be derived by the State from the 
sale or license for the sale of spirituous, malt, vinous and intoxicating 
liquors and beverages, not including so much thereof as is now or may 
hereafter be allowed by law to go to the Counties and municipal cor- 
porations of the State, shall be applied annually in aid of the supple- 
nientary taxes provided for in the sixth Section of this Article; and 
if after said application there should be a surplus, it shall be devoted 
to public school purposes, and apportioned as the General Assembly 
may determine: Provided, however, That the said supplementary 
taxes shall only be levied when the net income aforesaid from the sale 
or license for the sale of alcoholic liquors or beverages are not suffi- 
cient to meet and equalize the deficiencies for which the said supple- 
mentary taxes are provided. 

Article XII 

CHARITABLE AND PENAL INSTITUTIONS 

Section 1. Institutions for the care of the insane, blind, deaf and 
dumb and the poor shall always be fostered and supported by this 
State, and shall be subject to such regulations as the General Assem- 
bly may enact. 

Sec 2. The Regents of the State Hospital for the Insane and the 
Superintendent thereof, who shall be a physician, shall be appointed 
by the Governor, by and with the advice and consent of the Senate. 
All other physicians, officers and employees of the Hospital shall be 
appointed by the Regents, unless otherwise ordered by the General 
Assembly. 

Sec 3. The respective Counties of this State shall make such pro- 
vision as may be determined by law for all those inhabitants who by 
reason of age, infirmities and misfortune may have a claim upon the 
sympathy and aid of society. 

Sec 4. The Directors of the benevolent and penal State institu- 
tions which may be hereafter created shall be appointed or elected as 
the General Assembly may direct. 

Sec 5. The Directors and Superintendent of the Penitentiary shall 
be appointed or elected as the General Assembly may direct. 



South Carolina— 1895 3341 

Sec. 6. All convicts sentenced to hard Labor by any of the Courts 
in this State may be employed upon the public works of the State or 
of the Counties and upon the public highways. 

Sec. 7. Provision may be made by the General Assembly for the 
establishment and maintenance by the State of a Reformatory for 
juvenile offenders separate and apart from hardened criminals. 

Sec. 8. The Governor shall have power to fill all vacancies that 
may occur in the offices aforesaid, except where otherwise provided 
for, with the power of removal until the next session of the General 
Assembly and until a successor or successors shall be appointed and 
confirmed. 

Sec. 9. The Penitentiary and the convicts thereto sentenced shall 
forever be under the supervision and control of officers employed by 
the State ; and in case any convicts are hired or farmed out, as may be 
provided* by law, their maintenance, support, medical attendance "and 
discipline shall be under the direction of officers detailed for those 
duties by the authorities of the Penitentiary. 

Article XIII 

MILITIA 

Section 1. The militia of this State shall consist of all able-bodied 
male citizens of the State between the ages of eighteen and forty-five 
years, except such persons as are now or may be exempted b}^ the laws 
of the United States or this State, or who from religious scruples may 
be averse to bearing arms, and shall be organized, officered, armed, 
equipped and disciplined as the General Assembly may by law direct. 

Sec. 2. The volunteer and militia forces shall (except for treason, 
felony and breach of the peace) be exempt from arrest by warrant or 
other process while in active service or attending muster or the elec- 
tion of officers, or while going to or returning from either of the same. 

Sec. 3. The Governor shall have the power to call out the volunteer 
and militia forces, either or both, to execute the laws, repel invasions, 
suppress insurrections and preserve the public peace. 

Sec. 4. There shall be an Adjutant and Inspector General elected 
by the qualified electors of the State at the same time and in the same 
manner as other State officers, who shall rank as Brigadier General, 
and whose duties and compensation shall be prescribed by law. The 
Governor shall, by and with the advice and consent of the Senate, ap- 
point such other staff officers as the General Assembly may direct. 

Sec. 5. The General Assembly is hereby empowered and required, 
at its first session after the adoption of this Constitution, to provide 
such proper and liberal legislation as will guarantee and secure an 
annual pension to every indigent or disabled Confederate soldier and 
sailor of this State and of the late Confederate States who are citi- 
zens of this State, and also to the indigent widows of Confederate 
soldiers and sailors. 

Article XIV 

EMINENT DOMAIN 

Section 1. The State shall have concurrent jurisdiction on all 
rivers bordering on this State, so far as such rivers shall form a com- 
mon boundary to this and any other State bounded by the same ; and 



3342 South Carolina— 1895 

they, together with all navigable waters within the limits of the 
State, shall be common highways and forever free, as well to the in- 
habitants of this State as to the citizens of the United States, without 
any tax or impost therefor, unless the same be expressly provided for 
by the General Assembly. 

Sec. 2. The title to all lands and other property which have here- 
tofore accrued to this State by grant, gift, purchase, forfeiture, es- 
cheats or otherwise shall vest in the State of South Carolina, the same 
as though no change had taken place. 

Sec. 3. The people of the State are declared to possess the ultimate 
property in and to all lands within the jurisdiction of the State; and 
all lands the title to which shall fail from defect of heirs shall revert 
or escheat to the people. 

Article XV 

IMPEACHMENTS 

Section 1. The House of Representatives shall have the sole power 
of impeachment. A vote of two-thirds of all the members elected 
shall be required for an impeachment. Any officer impeached shall 
thereby be suspended from office until judgment in the case shall 
have been pronounced; and the office shall be filled during the trial 
in such manner as may be provided by law. 

Sec. 2. All impeachments shall be tried by the Senate, and when 
sitting for that purpose they shall be under oath or affirmation. No 
person shall be convicted except by a vote of two-thirds of all the 
members elected. When the Governor is impeached, the Chief Justice 
of the Supreme Court, or, if he be disqualified, the Senior Justice 
shall preside, with a casting vote in all preliminary questions. 

Sec. 3. The Governor and all other executive and judicial officers 
shall be liable to impeachment; but judgment in such case shall not 
extend further than removal from office. The persons convicted 
shall, nevertheless, be liable to indictment, trial and punishment ac- 
cording to law. 

Sec. 4. For any willful neglect of duty, or other reasonable cause, 
which shall not be sufficient ground of impeachment, the Governor 
shall remove any executive or judicial officer on the address of two- 
thirds of each house of the General Assembly: Provided, That the 
cause or causes for which said removal may be required shall be 
stated at length in such address, and entered on the Journals of each 
house: And provided, further, That the officer intended to be removed 
shall be notified of such cause or causes, and shall be admitted to a 
hearing in his own defence, or by his counsel, or by both, before any 
vote for such address; and in all cases the vote shall be taken by yeas 
and nays, and be entered on the Journal of each house respectively. 

• Article XVI 

AMENDMENT AND REVISION OF THE CONSTITUTION 

Section 1. Any amendment or amendments to this Constitution 
may be proposed in the Senate or House of Representatives. If 
the same be agreed to by two-thirds of the members elected to each 



South Carolina — 1895 3343 

house, such amendment or amendments shall be entered on the Jour- 
nals respectively, with the yeas and nays taken thereon; and the 
same shall be submitted to the qualified electors of the State at the 
next general election thereafter for Representatives; and if a majority 
of the electors qualified to vote for members of the General Assembly, 
voting- thereon, shall vote in favor of such amendment or amendments, 
and a majority of each branch of the next General Assembly shall, 
after such an election and before another, ratify the same amendment 
or amendments, by yeas and nays, the same shall become part of the 
Constitution: Provided, That such amendment or amendments shall 
have been read three times, on three several days, in each house. 

Sec. •!. If two or more amendments shall be submitted at the same 
time, they shall be submitted in such manner that the electors shall 
vote for or against each of such amendments separately. 

Sec. 3.- Whenever two-thirds of the members elected to each branch 
of the General Assembly shall think it necessary to call a Convention 
to revise, amend or change this Constitution, they shall recommend 
to the electors to vote for or against a Convention at the next election 
for Representatives; and if a majority of all the electors voting at 
said election shall have voted for a Convention, the General Assembly 
shall, at its next session, provide by law for calling the same ; and such 
Convention shall consist of a number of members equal to that of the 
most numerous branch of the General Assembly. 

Article XYII 

MISCELLANEOUS MATTERS 

Section' 1. Xo person shall be elected or appointed to any office in 
this State unless he possess the qualifications of an elector: Pro aided, 
The provisions of this Section shall not apply to the offices of State 
Librarian and Departmental Clerks, to either of which offices any 
woman, a resident of the State two years, who has attained the age of 
twenty-one years, shall be eligible. 

Sec. 2. The General Assembly may direct, by law, in what manner 
claims against the State may be established and adjusted. 

Sec. 3. Divorces from the bonds of matrimony shall not be allowed 
in this State. 

Sec. 4. Xo person who denies the existence of a Supreme Being- 
shall hold any office under this Constitution. 

Sec. 5. The printing of the laws, journals, bills, legislative docu- 
ments and papers for each branch of the General Assembly, with the 
printing required for the Executive and other departments of the 
State, shall be let, on contract, in such manner as shall be prescribed 
by law. 

' Sec. 6. The General Assembly shall provide for the removal of all 
causes which may be pending when this Constitution goes into effect 
to Courts created by the same. 

Sec. 7. Xo lottery shall ever be allowed, or be advertised by news- 
papers, or otherwise, or its tickets be sold in this State : and the Gen- 
eral Assembly shall provide by law at its next session for the enforce- 
ment of this provision. 

Sec. 8. It shall be unlawful for any person holding an office of 
honor, trust or profit to engage in gambling or betting on games of 



3344 South Carolina— 1895 

chance; and any such officer, upon conviction thereof, shall become 
thereby disqualified from the further exercise of the functions of his 
office, and the office of said person shall become vacant, as in the case 
of resignation or death. 

Sec. 9. The real and personal property of a woman held at the time 
of her marriage, or that which she may thereafter acquire, either by 
gift, grant, inheritance, devise or otherwise, shall be her separate 
property, and she shall have all the rights incident to the same to 
which an unmarried woman or a man is entitled. She shall have the 
power to contract and be contracted with in the same manner as if she 
were unmarried. 

Sec. 10. All laws now in force in this State' and not repugnant to 
this Constitution shall remain and be enforced until altered or- re- 
pealed by the General Assembly, or shall expire by their own limita- 
tions. 

Sec. 11. That no inconvenience may arise from the change in the 
Constitution of this State, and in order to carry this Constitution into 
complete operation, it is hereby declared : 

First. That all laws in force in this State, at the time of the adop- 
tion of this Constitution, not inconsistent therewith and constitu- 
tional when enacted, shall remain in full force until altered or re- 
pealed by the General Assembly or expire by their own limitation. 
All ordinances passed and ratified at this Convention shall have the 
same force and effect as if included in and constituting a part of this 
Constitution. 

/Second. All writs, actions, causes of action, proceedings, prosecu- 
tions, and rights of individuals, of bodies corporate and of the State, 
when not inconsistent with this Constitution, shall continue as valid. 

Third. The provisions of all laws which are inconsistent with this 
Constitution shall cease upon its adoption, except that all laws which 
are inconsistent with such provisions of this Constitution as require 
legislation to enforce them shall remain in force until such legislation 
is had. 

Fourth. All fines, penalties, forfeitures and escheats accruing to 
the State of South Carolina under the Constitution and laws hereto- 
fore in force shall accrue to the use of the State of South Carolina 
under this Constitution, except as herein otherwise provided. 

Fifth. All recognizances, obligations and all other instruments 
entered into or executed before the adoption of this Constitution to 
the State, or to any County, township, city or town therein, and all 
fines, taxes, penalties and forfeitures due or owing to this State, or to 
any County, township, city or town therein, and all writs, prosecu- 
tions, actions and proceedings, except as herein otherwise provided, 
shall continue and remain unaffected by the adoption of this Consti- 
tution. All indictments which shall have been found, or may here- 
after be f (fluid, for any crime or offence committed before the adop- 
tion of this Constitution may be prosecuted as if no change had been 
made, except as otherwise provided herein. 

Sixth. All officers, State, executive, legislative, judicial, circuit, 
district. County, township and municipal, who may be in office at the 
adoption of this Constitution, or who may be elected before the elec- 
tion of their successors as herein provided, shall hold their respective 
offices until their terms have expired and until their successors are 



South Carolina — 3345 

fleeted or appointed and qualified as provided in this Constitution, 
unless sooner removed as may be provided by law: and shall receive 
the compensation now fixed by the Statute Laws in force at the adop- 
tion of this Constitution. 

nth. At all elections held for member.- of the General A — 
bly in case of a vacancy, or for any other office. State. County or 
municipal, the qualifications of elector- -hall remain as they were 
under the Constitution of eighteen hundred and sixty-eight until the 
first day of November, in the year eighteen hundred and ninety-six. 

Eighth. This Constitution, adopted by the people of South Caro- 
lina in Convention assembled, shall he in force and effect from and 
after the thirty-first day of December, in the year eighteen hundred 
and ninety-five. 

X in tli. The provisions of the Constitution of eighteen hundred and 
sixty-eight and amendments thereto are repealed by this Constitution, 
i vept when reordained and declared herein. 

Done in Convention in Columbia on the fourth day of December, 
in the year of our Lord one thousand eight hundred and ninety-five. 

John Gary Evans. 
President of tJu Convention. 
Ira B. Jones, 
Vict President of the Convention. 
Attesl : 

S. W. Vance. 

Secretary of the Convention. 

ORDINANCES PASSED BY THE SOUTH CAROLINA CONSTITU- 
TIONAL CONVENTION OF 1895 

The State of South Carolina: 

At a Convention of the people of the State of South Carolina 
begun and holden at Columbia on the tenth day of September, in 
the year of our Lord one thousand eight hundred and ninety-rive, 
and thence continued by diver- adjournments to the fourth day of 
December, in the year of our Lord one thousand eight hundred and 
ninety-five. 

An Ordinance to establish a new judicial and election county from a portion of 
The territory of Edgefield County, to be called Saluda, with boundaries as 
hereinafter described 

We, the people of the State of South Carolina, by our delegate- in 
Convention assembled, do ordain: 

Section 1. That a new judicial and election County, which shall 
be known as Saluda County, -hall be formed, and is hereby author- 
ized to be formed, with the following- boundaries, to wit: 

Beginning at the centre of Big Saluda River at a point opposite 
the corner of Edgefield and Lexington Counties, thence the Edgefield 
and Lexington line to the corner of Lexington and Aiken Counties, 
thence the Edgefield and Aiken line to a point three miles north of 
where the public road crosses said line near Lybrand's old mill, thence 
a straight line to ten-mile post on public highway leading from Edge- 
field to Columbia near the residence of J. W. L. Bartley, thence a 
straight line to the junction of the public road leading from Pleasant 



3346 South Carolina— 1895 

Cross with the Long Cane road near Wni. Lott's, thence by the Long 
Cane road to Matt. Mathis' Cross Roads, thence a straight line to 
Owdom's postoffiee, thence a straight line to Little Red Hill school 
house near Dr. Landrum's old place, thence a straight line to a point 
on the northwestern line of Pine Grove Township, one mile north of 
Double Bridges, thence along the northwestern boundary of Pine 
Grove Township, to the point on the old Charleston and Cambridge 
road where it crosses Halfway Swamp Creek, thence down the middle 
of Halfway Swamp Creek to a point in the middle of Saluda River 
opposite the mouth of said creek, thence down the middle of \V\ii 
Saluda River to the initial point; and the territory embraced within 
the said lines shall be known as the County of Saluda. 

Sec. 2. That J. H. Edwards, B. W. Crouch, Alvin Ethredge, P. C. 
Stevens, B. L. Caughman, James P. Bean, C. P. Boozer, J. R. Wat- 
son, and J. B. Suddath be, and are hereby, appointed Commissioners 
to have the boundaries of said new County Saluda as above indicated, 
surveyed and properly marked, as well as to designate and establish 
the County seat: Provided^ That the County seat shall be located 
within three (3) miles of the geographical centre of the County, to be 
ascertained by drawing diagonal lines from the four corners of 
the County and taking the point of crossing as such centre, the par- 
ticular site to be decided by vote of the people in said County at an 
election which shall be held in accordance with law by order of the 
Governor; and to provide suitable buildings for the several Court 
and County officers, and to select and purchase or procure sites for 
the usual public buildings, and contract for and superintend the 
erection of the court house and jail thereon, and said public buildings 
shall be built at the expense of the citizens of the said County of 
Saluda ; and to meet the said demand a special tax, not exceeding t wo 
mills on the dollar of the assessed value of real and personal property 
in said County, be levied by the proper County officials hereinafter 
provided for, in accordance with the laws now in force regulating 
the assessment and collection of taxes. 

Sec. 3. That an election shall be held in the County of Saluda on 
Tuesday following the first Monday in November, A. D. 1896, or on 
such other day as may be provided by law hereinafter, for members 
of the General Assembly and for the regular County officers provided 
for by the Constitution and laws of the State. 

Sec. 4. That until the next apportionment of Representatives the 
said County of Saluda shall be entitled to two Representatives. 

Sec. 5. That the voting precincts heretofore established by law in 
that portion of Edgefield County embraced in the limits of Saluda 
County shall be the precincts of Saluda County. 

Sec. 6. That the County of Saluda be, and is hereby, attached to 
the Second. Congressional District, and shall form part and parcel 
of the Fifth Judicial Circuit, and that the regular terms of the 
Courts of General Sessions and Common Pleas shall be held at such 
times as shall be fixed by law ; and that the Trial Justices located in 
that portion of Edgefield County embraced in the limits of Saluda 
County shall be continued in office until their successors shall have 
been appointed and qualified : Provided, however, That from and after 
the time this ordinance goes into effect they shall be confined and 
limited in their official capacity, duty and power to said limits of 
Saluda County. 



South Carolina— 1895 3347 

Sec. 7. That from and after the first day of December, A. D. 1896, 
all suits pending in the Courts of Edgefield of which the defendants 
reside in that portion of said County now established as the County 
of Saluda, and all indictments pending in the said County of Edge- 
field where the offence was committed in that part of said County 
now established as the County of Saluda, shall be transferred to the 
Calendars of the Courts of the said County of Saluda; and all 
records, commissions and other papers belonging to any of the said 
suits or indictments, together with all the legal incidents thereto 
appertaining, shall be transferred to the Clerk of the Court of the 
saiil County of Saluda. 

Sec. 8. That the Governor be, and is hereby, authorized and 
empowered to appoint a Commission of five persons, two of whom 
shall be residents of the County of Edgefield, two residents of the new 
County of Saluda, and one resident of some other County of the 
State, which said Commission shall divide and apportion between the 
two Counties herein provided for the present lawful and bona fide 
indebtedness of the old County of Edgefield, having regard to the 
amount of unpaid taxes due to the said County of Edgefield. 

Sec. 9. The General Assembly may pass any Act not inconsistent 
with this Ordinance to carry the same into effect. 

Done in Columbia, the sixteenth day of October, in the year of our 
Lord, one thousand eight hundred and ninety-five. 

Jno. Gary Evans, 



Attest: • 

S. W. Vance, 

Secretary of Convention. 



Pn side at of Convention. 



The State of South Carolina : 

At a Convention of the people of the State of South Carolina 
begun and holden at Columbia on the tenth day of September, in the 
year of our Lord one thousand eight hundred and ninety-five, and 
thence continued by divers adjournments to the fourth day of Decem- 
ber, in the year of our Lord one thousand eight hundred and ninety- 
five. 

An Ordinance to provide an alphabetical Index and marginal notes to the 
Constitution and Ordinances of the Convention of the year 1895 

Whereas, it is desirable to facilitate and afford easy reference to 
the provisions of the Constitution of the year 189.5 : now. 

Be it ordained by the people of the State of South Carolina, in Con- 
vention assembled, and by the authority of the same : 

Section 1. That C. M. Efird is hereby authorized and appointed 
to prepare a complete alphabetical index, with marginal notes, of 
the Constitution and Ordinances adopted by this Convention, to form 
a part of this Constitution and Ordinances when printed, and that 
he receive as compensation therefor fifty dollars, the same to be paid 
him by the State Treasurer upon the warrant of the Comptroller- 
General. 

Jno. Gary Evans, President. 

Attest : 

S. \V. Vance, 

Secretary of Convention, 



SM8 South Carolina — 1895 

The State of South Carolina: 

At a Convention of the people of the State of South Carolina, 
begun and holden at Columbia on the tenth day of September, in the 
year of our Lord one thousand eight hundred and ninety-five, and 
thence continued by divers adjournments to the fourth day of Decem- 
ber, in the year of our Lord one thousand eight hundred and ninety- 
live. 

An Ordinance to provide for the payment of interest on tin 1 public debt of the 
State of South Carolina to become due on the first day of January. A. I). 
1896, and to require the General Assembly to make appropriations for that 
purpose 

We, the people of South Carolina, by our delegates in Convention 
assembled, do ordain : 

Section 1. That the Governor and State Treasurer be, and are 
hereby, authorized to make arrangements for the payment of the 
semi-annual interest due on the public debt of the State on the first 
day of January, A. I). 1896, and, if necessary, in anticipation of the 
collection of taxes, they are hereby authorized to borrow for that 
purpose a sum not exceeding one hundred and sixty thousand dollars. 
Sec. 2. That the General Assembly, at its^ next session, is hereby 
required and directed to make an appropriation for the payment of 
the said loan. 

Done in Convention, in Columbia, on the third day of December. 
A. D. 1805. 

Jno. Gary Evans, 
President of Convention. 
Attest : 

S. W. Vance, 

Secretary of Con rent ion. 

The State of South Carolina: 

At a Convention of the people of the State of South Carolina begun 
and holden at Columbia on the tenth day of September, in the year of 
our Lord one thousand eight hundred and ninety-five, and thence 
continued by divers adjournments to the fourth day of December, in 
the year of our Lord one thousand eight hundred and ninety-five. 

An Ordinance to authorize the General Assembly to provide for a sinking fund 
in the several counties of the State to enable the same to do business on a 
cash basis 

Whereas in most if not in all, of the Counties of the State the taxes 
are never realized until a year after the levy, and consequently the 
contracts for ordinary County purposes and for the running of the 
schools'lmve to be made on a credit instead of a cash basis; and 
whereas this is an evil that ought to be remedied. Therefore, 

Be it ordained by the people of the State of South Carolina, in Con- 
vention assembled, and by the authority of the same : 

Section 1. That the General Assembly may provide for an annual 
tax levy, not to exceed one-half of one mill, in each county not now 
on a cash basis. The proceeds of all such levies shall be used as a 
sinking fund for each and every County in which it is levied and 
collected, and shall be invested or paid out as the General Assembly 



South Carolina — 1895 3349 

shall direct, until an amount sufficient shall have been collected to 
put such Counties on a cash basis, then such annual levies shall cease. 
Done in convention, in Columbia, on the third day of December, 
A. D. 1895. 

Jno. Gary Evans, 
President of Convention. 
Attest : 

S.W.Vance, 

Secretary of Convention. 

The State of South Carolina : 

At a Convention of the people of the State of South Carolina begun 
and holden at Columbia on the tenth day of- September, in the year of 
our Lord one thousand eight hundred and ninety-five, and thence 
continued by divers adjournments to the fourth day of December, in 
the year of our Lord one thousand eight hundred and ninety-five. 

An Ordinance in regard to paying the State printer 

Be it ordained by the people of the State of South Carolina, in Con- 
vention assembled : 

That the Comptroller-General be authorized to audit the accounts 
of the State Printer for work done for the Convention before or after 
the adjournment sine die. and to draw his warrant upon the State 
Treasurer therefor upon production of the proper vouchers. 

Done in Convention, in Columbia, on tin' third da}^ of December, 
A. I). 18<.)5. 



Attest : 

S. W. Vance, 

Secretary of Convention. 



Jno. Gary Evans, 
President of Convention. 



The State of South Carolina: 

At a Convention of the people of the State of South Carolina 
begun and holden at Columbia on the tenth day of September, in 
the year of our Lord one thousand eight hundred and ninety-five, 
and thence continued by divers adjournments to the fourth day of 
December, in the year of our Lord one thousand eight hundred and 
ninety- five. 

An Ordinance to provide for the pay of the Commissioners and Managers of 

Election 

Be if ordained by the people of the State of South Carolina : 
That the General Assembly, at its next session, shall provide rea- 
sonable compensation for the Commissioners, Managers and other 
officers, who conducted the election for members of this Constitu- 
tional Convention. 

Done in Convention, in Columbia, on the third day of December. 
A. I). 1895. 

Jno. Gary Evans, 
President <>f Convention. 
Attest: 

S. W. Vance, 

Secretary of Convention. 

7251— vol 6— 09 11 



3350 South Carolina— 1895 

The State of South Carolina: 

At a Convention of the people of the State of South Carolina 
begun and holden at Columbia on the tenth day of September, in 
the year of our Lord one thousand eight hundred and ninety-five, 
and thence continued by divers adjournments to the fourth day of 
December, in the year of our Lord one thousand eight hundred and 
ninety- five. 

An Ordinance to provide that the General Assembly may enact laws necessary 
to validate and carry into effect the subscriptions to the capital stock of the 
Carolina, Knoxville and Western Railroad Company, heretofore voted for 
and authorized by the qualified electors of Greenville County. 

We, the people of South Carolina, by our delegates in Convention 
assembled, do ordain : 

Section 1. That nothing contained in the Constitution adopted 
by the people of South Carolina, now in Convention assembled, 
shall inhibit the General Assembly from enacting all laws necessary 
to validate and carry into effect the subscription to the capital stock 
of the Carolina. Knoxville and Western Railroad Company, here- 
tofore voted for and authorized by the qualified electors of Green- 
ville County: Provided, That said railroad company shall comply 
with all the conditions upon which the said bonds were originally 
voted: And provided, further, That the qualified electors of said 
County shall reaffirm the grant of authority to issue said bonds at 
an election called for the purpose, within such time as the General 
Assembly may prescribe. 

Done in Convention, in Columbia, on the third day of December, 
A. D. 1895. 



Attest : 

S. W. Vance, 

Secretary of Convention. 



Jno. Gary Evans. 
President of Convention. 



The State of South Carolina: 

At a Convention of the people of the State of South Carolina 
begun and holden at Columbia on the tenth day of September, in the 
year of our Lord one thousand eight hundred and ninety-five, and 
thence continued by divers adjournments to the fourth day of De- 
cember, in the year of our Lord one thousand eight hundred and 
ninety-five. 

Au Ordinance to provide for the payment of the per diem and mileage of 
delegates, officers and employees of the Convention and other necessary 
expenses, and to require the General Assembly to make additional appropria- 
tions to pay the same 

We, th«' people of South Carolina, by our delegates in Convention 
assembled, do ordain : 

Section 1. That the amount of $30,000, if so much be necessary, in 
addition to the $30,000 appropriated by the last General Assembly, 
be, and is hereby, appropriated to pay the per diem and mileage of 
the delegates, officers and employees of the Convention and other 
necessary expenses. 

Sec. 2. That the Governor and State Treasurer be, and they are 
hereby, authorized to borrow sufficient monev to meet this additional 



South Carolina— 1895 3351 

appropriation, and the State Treasurer is hereby authorized to pay it 
out upon the warrants of the Comptroller-General, who is hereby 
required to issue his warrant or warrants for this additional appro- 
priation, or so much thereof, as may be necessary to meet the pur- 
poses of this Ordinance. 

Sec. 3. That the General Assembly is hereby required and directed, 
at its next session, to make an appropriation, sufficient to pay the 
amount of money the State Treasurer is herein authorized to borrow 
for the payment of the balance of the per diem, and mileage of the 
delegates, officers and employees of the Convention, and other neces- 
sary expenses, after the exhaustion of the $30,000 already appro- 
priated by the General Assembly. 

Done in Convention, in Columbia, on the third day of December, 
A. D. 1895. 

Jno. Gaky Evans, 
President of Convention. 
Attest : 

S. W. Vance. 

Secretary of Con roition. 

The State of South Carolina: 

At a Convention of the people of the State of South Carolina 
begun and holden at Columbia on the tenth day of September, in the 
year of our Lord one thousand eight hundred and ninety-five, and 
thence continued by divers adjournments to the fourth (lay of De- 
cember, in the year of our Lord one thousand eight hundred and 
ninety -five'. 

An Ordinance to provide thai the General Assembly may enact laws necessary 
to validate and carry into effect subscriptions to the capital stock of certain 
railroad companies, heretofore voted by the county of Fairfield, and to 
validate and authorize the issue of bonds in payment of tin- same 

Be it ordained by the people of South Carolina, in Convention 
assembled, That nothing contained in the Constitution adopted by 
the people of South Carolina, now in Convention assembled, shall 
prohibit the General Assembly from enacting laws necessary to 
validate and carry into effect the subscription to the capital stock of 
the Cape Fear and Cincinnati Railroad Company, and the subscrip- 
tion to the capital stock of the Wadesboro, YVinnsboro and Camak 
Railroad Company, heretofore voted for and authorized by the quali- 
fied electors of Fairfield County, and to validate and authorize the 
issue of the bonds of said County in payment of the same: Provided, 
That the said railroad companies comply with all the conditions 
upon which said subscriptions and bonds were originally voted: And 
provided, further. That the qualified electors of said County reaffirm 
the grant of authority to issue said bonds in payment of said sub- 
scriptions to either or both of said railroad companies at the next 
general election for State and County officers. 

Done in Convention, in Columbia, on the third dav of December, 
A. D. 1895. 

Jno. Gary Evans. 
President of Convention. 

Attest : 

S. W. Vance, 

Secretary of Convention, 



3352 South Carolina — 1895 

The State of South Carolina : 

At a Convention of the people of the State of South Carolina 
begun and holden at Columbia on the tenth day of September, in 
the year of our Lord one thousand eight hundred and ninety-five, 
and thence continued by divers adjournments to the fourth day of 
December, in the year of our Lord one thousand eight hundred and 
ninety -five. 

An Ordinance fixing the pay and mileage of the members, officei - s and employees 

of this Convention 

We, the people of South Carolina, in Convention assembled, do 
ordain : 

Section 1. That the following sums, if so much be necessary, be, 
and the same are hereby, appropriated to pay the expenses of the 
Constitutional Convention from the tenth day of September, eight- 
een hundred and ninety-five, to the close of the session (except the 
time of the recess taken from the fourth day of October, eighteen 
hundred and ninety-five, to the fifteenth day of October, eighteen 
hundred and ninety-five,) to the close of the session, as follows: For 
the per diem of the members at two dollars, and an additional per 
diem of two dollars from the sixteenth day of October, eighteen hun- 
dred and ninety-live, to the end of the session; for the pay of S. W. 
Vance, Secretary of the Convention, six hundred dollars; for the pay 
of P. L. Melton, Assistant Secretary of the Convention, four dollars 
per day; for the pay of H. R. Flannigan, Second Assistant Secretary 
of the Convention, three dollars per day; for the pay of J. T. Gantt, 
Journal Clerk, three dollars per day, and three dollars per day fur 
indexing after adjournment, not to exceed twenty days, such number 
of days as are absolutely necessary to be certified to by the Secretary 
of the Convention; for the pay of D. 11. Witherspoon, Bill Clerk, 
three dollars per day; for the pay of A. II. Dagnall, Reading Clerk, 
three dollars per day; for the pay of E. P. Jenkins, Postal Clerk, two 
dollars per day; for the pay of R. M. Jolly, Doorkeeper, two dollars 
and fifty cents per day ; for the pay of Joseph Witherspoon, Assist- 
ant Doorkeeper, two dollars per day; for the pay of W. J. Shelton, 
Gallery Doorkeeper, two dollars per day; for, the pay of Glenn Smith, 
James Robinson, J. B. Hughes, Belton Drafts Caughman, J. W, 
McCalla, U. R. Brooks, Jr., Pages of the Constitutional Convention, 
each one dollar and fifty cents per day ; for the pay of W. W. Lazen- 
bury, West Oliphant, Damon Cantey, Council Cross, James Adam- 
son and Aaron Owens, Laborers, each one dollar and fifty cents per 
day; for the pay of W. Boyd Evans, Clerk of Judiciary Committee, 
two dollars per day; for the pay of Benjamin W. Crouch, Clerk of 
the Suffrage Committee, two dollars per day; for the pay of Levi 
David, Clerk of the Educational Committee, two dollars per day; 
for the pay of A. R. Harmon, Clerk of the Executive Committee, 
two dollars per day; for the pay of J. W. Wessinger, Clerk of the 
Legislative Committee, two dollars per day ; for the pay of R. L. 
Freeman, Clerk of the Committee on Finance and Taxation,, two 
dollars per day; for the pay of G. P. Smith, Clerk of the Committee 
on Declaration of Rights, two dollars per day ; for the pay of E. W. 
Townsend, Clerk of the Committee on Miscellaneous Matters, two 
dollars per day ; for the pay of G. H. Charles, Clerk of the Commit- 



South Carolina— 1896 3353 

tee on Counties and County Government, two dollars per day; for 
the pay of W. H. Yeldell, Chief Clerk of the Engrossing Depart- 
ment, three dollars per day; for the pay of N. H. Stansell, Sergeant- 
at-Arms, three dollars per day ; for the pay of the two Chaplains of 
the Convention, seventy-five dollars each. 

Sec. 2. Be it further ordained, That the mileage of the members of 
the Convention shall be five cents per mile, to and from the Conven- 
tion by the usual routes. And be it further ordaim d, That according 
toa resolution passed by the Constitutional Convention on the twenty- 
first day (Thursday, October third, eighteen hundred and ninety- 
five), the members, officers and employees of this Convention be 
paid five cents per mile going to their homes during the recess and 
returning therefrom. 

Sec. 3. Be it further ordained, That the following sums, if so much 
be necessary, be appropriated: To pay for the printing connected 

with the Convention, dollars; for lights, $700; for stationery, 

dollars. 

Sec. 4. The disbursing officer of this Convention shall, upon the 
adjournment thereof, or as soon thereafter as practicable, issne to the 
widows of the late J. ( ). Byrd, K. II. Hodges and J. M. Sprott, mem- 
bers of this Convention, who died while in attendance thereon, pay 
certificates for the amounts which would have been due their respec- 
tive husbands had they lived ami been in attendance upon this body 
when it adjourned. 

Sec. 5. Each delegate, officer and employee be allowed mileage at 
five cents per mile going to his home and returning, for the recess 
from the twenty-seventh day of November to the third day of Decem- 
ber; that no per diem be allowed for said recess to delegates, 
officers and employees, except to those who remained in Columbia 
sick during the recess and except those delegates who shall attend the 
meetings of the Committee on Order, Style and Revision, and the 
clerks employed by said Committee shall be paid four dollars per day. 

Done in Convention, in Columbia, on the third day of December, 
A. D. 1895. 

Jno. Gary Evans, 
President of Convention. 

Attest: 

S. W. Vance, 

Secretary of Convention. 

The State or South Carolina : 

At a Convention of the people of the State of South Carolina begun 
and holden at Columbia on the tenth day of September, in the year 
of our Lord one thousand eight hundred and ninety-five, and thence 
continued by divers adjournments to the fourth day of December, 
in the year of our Lord one thousand eight hundred and ninety-five. 

An Ordinance to provide that the General Assembly may enact such laws as 
may he necessary to validate and carry into effect subscriptions to the capital 
stock of certain railroad companies, heretofore voted by the county of Chester- 
field and by the city of Spartanburg, respectively, and to validate and author- 
ize the'issue of bonds in payment of the same 

Be it ordained by the people of South Carolina, in Convention 
assembled, That nothing in the Constitution ordained and established 



;^. r )4 South Carolina 1895 

by the people of South Carolina, now in Convention assembled, shall 
prohibit the General Assembly from enacting such laws as may be 
necessary to validate and carry into effect the subscriptions to the 
capital stock of the Chesterfield and Lancaster Railroad Company, 
and to the Chesterfield and Kershaw Railroad Company, heretofore 
voted for and authorized by the qualified voters of Chesterfield 
County, and to validate and authorize the issue of the bonds of said 
County in payment of the same; or from enacting such laws as may 
be necessary to validate and carry into effect the subscription by the 
city of Spartanburg to the capital stock of the Spartanburg and 
Rutherfordton Railroad Company heretofore voted for. and author- 
ized by the qualified voters of the city of Spartanburg, and to validate 
and authorize the is<ue of the bonds of said city in payment of the 
same. 

Done in Convention, in Columbia, on the twentieth day of Novem- 
ber, A. 1). 1895. 

Jxo. Gary Evans. 
President of Convention. 

Attest: 

S. W. Vance, 

Secretary of Convention. 

Tin: State of South Carolina: 

At a Convention of the people of the State of South Carolina begun 
and holden at Columbia on the tenth day of September, in the year 
of our Lord one thousand eight hundred and ninety-live, and thence 
continued by divers adjournments to the fourth day of December, in 
the year of 'our Lord one thousand eight hundred and ninety-five. 

An Ordinance to postpone the next regular session of the General Assembly 
from the fourth Tuesday in November, 1895, to the second Tuesday in 
January, 18U<>. 

Be it ordained by the people of South Carolina, in Convention 
assembled, and by authority of the same, That the next regular ses- 
sion of the General Assembly of this State, appointed by law, to be 
held on the fourth Tuesday' of November, in the year of our Lord 
one thousand eight hundred and ninety-five, be, and the same is 
hereby, postponed until the second Tuesday of January, in the year 
of our Lord one thousand eight hundred and ninety-six: and that 
the Governor of the State, be, and is hereby, authorized and empow- 
ered to issue his proclamation to that effect. 

Done in Convention this eighteenth day of November, 1895. 

Jno. Gary Evans. 
President of Convention. 
Attest:-' 

S. W. Vance, 

Secrctitrt/ of Convention. 



SOUTH DAKOTA" 

For organic acts relating to tho land now included within North Dakota see 
in this work : 

Treaty Ceding Louisiana, l^o.". (Louisiana, p. 1359). 

District of Louisiana, 1804 (Louisiana, p. 1364). 

Territory of Louisiana, 1805 (Louisiana, p. 1373). 

Territory of .Missouri. 1812 (.Missouri, p. 2139). 

Act Extending Bounds of Michigan Territory, ls.'1-t (Iowa, p. 1111). 

Territory of Wisconsin, ls.';<"> (Wisconsin, p. 4065). 

Territory of Iowa, 1838 (Iowa, p. 1111). 

Territory of Nebraska, 1854 (Kansas, p. 1161). 

Enabling Acl for South Dakota. 1889 (Montana, p. 2289). 



PRO^AMATION ANNOUNCING ADMISSION OF SOUTH DAKOTA— 

1889 

By rm: President of the United States of America 

A PROCLAMATION 

Whereas the Congress of the United States did, by an act approved 
on the twenty-second day of February, one thousand eight hundred 
and eighty-nine, provide that the inhabitants of the Territory of 
Dakota might, upon the conditions prescribed in the said act, become 
the States of North Dakota and South Dakota; 

And whereas it was provided by said act that the area comprising 
the Territory of Dakota should, for the purposes of the act. be 
divided on the line of the seventh standard parallel produced due west 
to the western boundary of said Territory, and that the delegate- 
elected as therein provided to the Constitutional convention in dis- 
tricts south of said parallel should, at the time prescribed in the act, 
assemble in convention at the city of Sioux Falls; 

And whereas it was provided by the said act that the delegates 
elected as aforesaid should, after they had met and organized, declare 
on behalf of the people of South Dakota that they adopt the Consti- 
tution of the United State-: whereupon the said convention should 
be authorized to form a constitution and State Government for the 
proposed State of South Dakota ; 

And whereas it was provided by said act that the constitution so 
adopted should be republican in form, and make no distinction in 
civil or political rights on account of race or color, except as to In- 
dians not taxed, and not be repugnant to the Constitution of the 
United States and the principles of the Declaration of Independence ; 

a For other statutes relating to the Dakotas see note to North Dakota, p. 2845. 

3355 



3356 South Dakota IS89 

and that the convention should, by an ordinance irrevocable without 
the consent of the United States and the people of said States, make 
certain provisions prescribed in said act ; 

And whereas it was provided by said act that the constitutions of 
North Dakota and South Dakota should, respectively, incorporate 
an agreement to be reached in accordance with the provisions of the 
act, for an equitable division of all property belonging to the Ter- 
ritory of Dakota, the disposition of all public records, and also for 
the apportionment of the debts and liabilities of said Territory, and 
that each of said States should obligate itself to pay its proportion 
of such debts and liabilities the same as if they had been created by 
such States respectively; 

And whereas it was provided by said act that at the election for 
delegates to the constitutional convention in South Dakota, as therein 
provided, each elector might have written or printed on his ballot 
the words " For the Sioux Falls constitution," or the words " against 
the Sioux Falls constitution; " that the votes on this question should 
be returned and canvassed in the same manner as the votes for the 
election of delegates; and, if a majority of all votes cast on this ques- 
tion should be " for the Sioux Falls constitution " it should be the 
duty of the convention which might assemble at Sioux Falls, as pro- 
vided in the act. to re-submit to the people of South Dakota, for rati- 
fication or rejection, at an election provided for in said act, the 
constitution framed at Sioux Falls and adopted November third, 
eighteen hundred and eighty-five, and also the articles and proposi- 
tions separately submitted at that election, including the question of 
locating the temporary seat of government, with such changes only 
as related to the name and boundary of the proposed State, to the 
reapportionment of the judicial and legislative districts, and such 
amendments as might be necessary in order to comply with the pro- 
visions of the act ; 

And whereas it was provided by said act that the constitution 
formed for the people of South Dakota shoiild, by an' ordinance of 
the convention forming the same, be submitted to the people of 
South Dakota at an election to be held therein on the first Tuesday 
in October, eighteen hundred and eighty-nine, for ratification or 
rejection by the qualified voters of said proposed State, and that the 
returns of said election should be made to the Secretary of the Ter- 
ritory of Dakota, who, with the Governor and Chief Justice thereof, 
or any two of them, should canvass the same, and if a majority of 
the legal votes cast should be for the constitution the Governor should 
certify the result to the President of the United States, together 
with a statement of the votes cast thereon and upon separate articles 
or propositions, and a copy of said constitution, articles, proposi- 
tions and ordinances; 

And whereas it has been certified to me by the Governor of the 
Territory of Dakota that at the aforesaid election for delegates the 
"Sioux Falls constitution" was submitted to the people of the pro- 
posed State of South Dakota, as provided in the said act; thai a 
majority of all the votes cast on this question was " for the Sioux 
Falls constitution; 11 and that the said constitution was, at the time 
prescribed in the act resubmitted to the people of South Dakota, 
with proper changes and amendments, and has been adopted and 



South Dakota— 1889 3357 

ratified by a majority of the qualified voters of said proposed State, 
in accordance with the conditions prescribed in said act ; 

And whereas it is also certified to me by the said Governor that 
at the same time that the body of said Constitution was submitted 
to a vote of the people, two additional articles were submitted sepa- 
rately to wit: an article numbered twenty-four entitled '•Prohibi- 
tion." which received a majority of all the votes cast for and against 
said article, as well as a majority of all the votes cast for and against 
the constitution and was adopted; and an article numbered twenty- 
five, entitled "Minority Representation," which did not receive a 
majority of the votes cast thereon or upon the constitution and was 
rejected : 

And Whereas a duly authenticated copy of said constitution, addi- 
tional articles, ordinances and propositions as required by said act, 
has been received by me: 

Now, therefore, I, Benjamin Harrison, President of the United 
States of America, do. in accordance with the act of Congress afore- 
said, declare and proclaim the fact that the conditions imposed by 
Congress on the State of South Dakota to entitle that State to admis- 
sion to the Union have been ratified and accepted, and that the 
admission of the said State into the Union is now complete 

In testimony whereof, I have hereunto set my hand and caused 
the seal of the United States to be affixed. 

Done at the City of Washington this second day of November in 
the year of our Lord one thousand eight hundred and 
[seal.] eighty-nine, and of the Independence of tin 1 United States 
of America the one hundred and fourteenth. 

Benj. Harrison. 

By the President : 

James ( i. Blaine, 

Secretary of state. 



CONSTITUTION OF SOUTH DAKOTA— 1889 * « 

PREAMBLE 

We, the people of South Dakota, grateful to Almighty God for our 
civil and religious liberties, in order to form a more perfect and inde- 
pendent government, establish justice, insure tranquility, provide for 
the common defense, promote the general welfare and preserve to 
ourselves and to our posterity the blessings of liberty, do ordain and 
establish this constitution for the State of South Dakota. 

* Verified from " The Enabling Act and Constitution of South Dakota. Consti- 
tution Adopted October 1, 1889. Free Press Company. Legal Blank and Law 
Publishers. Pierre. S. D." LXXIX pp. 

Also the Revised Codes of South Dakota. 1903, pp. 1-26; also. Laws Passed 
at the Ninth Session of the Legislature of South Dakota. Aberdeen. S. D. : 
1905'. (Constitution as amended.) 

See also the Constitution of the United States. Constitution of South Dakota, 
and Enabling Aet admitting South Dakota. Hippie Printing Co. 1904. •".! pp. 

« Adopted by popular vote October 1, 1889. Yeas, 70,131 ; nays, 3,267. 



3358 South Dakota 1889 

Article I 

NAME AND BOUNDARY 

§ 1. The name of the State shall be South Dakota. 

§ 2. The boundaries of the State of South Dakota shall be as fol- 
lows: Beginning at the point of intersection of the western boundary 
line of the State of Minnesota with the northern boundary line of the 
State of Iowa, and running thence northerly along the western 
boundary line of the State of Minnesota to its intersection with the 
Tth standard parallel ; thence Avest on the line of the 7th standard par- 
allel produced due west to its intersection with the 27th meridian of 
longitude west from Washington; thence south on the 27th meridian 
of longitude west from Washington to its intersection with the north- 
ern boundary line of the State of Nebraska ; thence easterly along the 
northern boundary line of the State of Nebraska to its intersection 
with the western boundary line of the State of Iowa; thence north- 
erly along the western boundary line of the State of Iowa to its inter- 
section with the northern boundary line of the State of Iowa: thence 
east along the northern boundary line of the State of Iowa to the 
place of beginning. 

Article II 

DIVISION OF THE POWERS OF GOVERNMENT 

The powers of the government of the state are divided into three 
distinct departments — the legislative, executive and judicial; and the 
powers and duties of each are prescribed by this constitution. 

Article III 

LEGISLATIVE DEPARTMENT 

"§ 1. The legislative power shall be vested in a legislature, which 
shall consist of a senate and house of representatives. 

§ 2. The number of members of the house of representatives shall 
not be less than seventy-five nor more than one hundred and thirty- 
five. The number of members of the senate shall not be less than 
twenty-five nor more than forty-five. 

The sessions of the legislature shall be biennial except as otherwise 
provided in this constitution. 

§ 3. No person shall be eligible to the office of senator who is not a 
qualified elector in the district from which he may be chosen, and a 
citizen of the United States, and who shall not have attained the age 
of twenty-live years, and who shall not have been a resident of the 
state or territory for two years next preceding his election. 

No person shall be eligible to the office of representative who is not 
a qualified elector in the district from which he may be chosen, and a 
citizen of the United States, and who shall not have been a resident of 
the state or territory for two years next preceding his election, and 
who shall not have attained the age of twenty-five years. 

See amendment, 1898. 



South Dakota— 1889 3359 

No judge or clerk of any court, secretary of state, attorney general, 
state's attorney, recorder, sheriff or collector of public moneys, mem- 
ber of either house of congress, or person holding any lucrative office 
under the United States or this state, or any foreign government, shall 
be a member of the legislature; Provided, that appointments in the 
militia, the offices of notary public and justice of the peace shall not 
be considered lucrative; nor shall any person holding am 7 office of 
honor or profit under any foreign government or under the govern- 
ment of the United States, except postmasters whose annual compen- 
sation does not exceed the sum of three hundred dollars, hold any 
office in either branch of the legislature or become a member thereof. 

§ 4. No person who has been, or hereafter shall be, convicted of 
bribery, perjury or other infamous crime, nor any person who has 
been, or may be collector or holder of public moneys who shall not 
have accounted for and paid over, according to law, all such moneys 
due from him, shall be eligible to the legislature or to any office in 
either branch thereof. 

§ 5. The legislature shall provide by law for the enumeration of 
the inhabitants of the state in the year one thousand eight hundred 
and ninety-five and every ten years thereafter, and at its first regular 
session after each enumeration, and also after each enumeration made 
by authority of the United States, but at no other time, the legis- 
lature shall apportion the senators and representatives according to 
the number of inhabitants, excluding Indians not taxed and soldiers 
and officers of the United States army and navy; Provided, that the 
legislature may make an apportionment at its first session after the 
admission of South Dakota as a State. 

^ 6. The terms of the office of the members of the legislature shall 
be two years; they shall receive for their services the sum of five 
dollars for each day's attendance during the session of the legislature, 
and five a cents for every mile of necessary travel in going to and 
returning from the place of meeting of the legislature on the most 
usual route. 

Each regular session of the legislature shall not exceed sixty days, 
except in cases of impeachment, and members of the legislature shall 
receive no other pay or perquisites except per diem and mileage. 

£ 7. The legislature shall meet at the seat of government on the 
first Tuesday after the first Monday of January at 12 o'clock m., in 
the year next ensuing the election of members thereof, and at no other 
time except as provided by this constitution. 

§ 8. Members of the legislature and officers thereof, before they 
enter upon their official duties, shall take and subscribe the following 
oath or affirmation: I do solemnly swear (or affirm) that I will sup- 
port the constitution of the United States and the constitution of the 
State of South Dakota, and will faithfully discharge the duties of 
(senator, representative or officer) according to the best of my abili- 
ties, and that I have not knowingly or intentionally paid or con- 
tributed anything, or made any promise in the nature of a bribe, to 
directly or indirectly influence any vote at the election at which I 

« The mileage of members of the legislature was amended by reducing from 
" ten " to " five " cents per mile, by popular vote of 39,364 for and 11,236 against, 
at the general election of 1892. 



3360 South Dakota— 1889 

was chosen to fill said office, and have not accepted, nor will T accept 
or receive, directly or indirectly, any money, pass, or any other valu- 
able thing, from any corporation, company or person, for any votg. 
or influence I may give or withhold on any bill or resolution, or 
appropriation, or for any other official act. 

This oath shall be administered by a judge of the supreme <*r 
circuit court, or the presiding officer of either house, in the hall of the 
house to which the member or officer is elected, and the secretary of 
state shall record and hie the oath subscribed by each member and 
officer. 

Any member or officer of the legislature who shall refuse to take 
the oath herein prescribed shall forfeit his office. 

Any member or officer of the legislature who shall be convicted of v 
having sworn falsely to or violated his said oath, shall forfeit his 
office and be disqualified thereafter from holding the office of senator 
or member of the house of representatives or any office within the 
gift of the legislature. 

£ !». Each house shall be the judge of the election returns and 
qualifications of its own members. 

A majority of the members of each house shall constitute a quo- 
rum, but a smaller number may adjourn from day to day, and may 
compel the attendance of absent members in such a manner and 
under such penalty as each house may provide. 

Each house shall determine the rules of its proceedings, shall 
choose its own officers ami employes and fix the pay thereof, except 
as otherwise provided in this constitution. 

§ 10. The governor shall issue writs of election to fill such vacancies 
as may occur in either house of the legislature. 

§ 11. Senators and representatives shall, in all cases except trea- 
son, felony or breach of the peace, be privileged from arrest during 
the session of the legislature, and in going to and returning from the 
same; and for words used in any speech or debate in either house, 
they shall not be questioned in any other place. 

§ 12. No member of the legislature shall, during the term for which 
he was elected, be appointed or elected to any civil office in the State 
which shall have been created, or the emoluments of which shall 
have been increased during the term for which he was elected, nor 
shall any member receive any civil appointment from the governor, 
the governor and senate, or from the legislature during the term for 
which he shall have been elected, and all such appointments and all 
Notes given for any such members for any such office or appointment 
shall be void: nor shall any member of the legislature during the 
term for which he shall have been elected, or within one year there- 
af'ter. be interested, directly or indirectly, in any contract with the 
State or any county thereof, authorized by any law passed during 
the term for which he shall have been elected. 

§ 13. Each house shall keep a journal of its proceedings and pub- 
lish the same from time to time, except such parts as require secrecy, 
and the yeas and nays of members on any question shall be taken at 
the desire of one-sixth of those present and entered upon the journal. 

i; II. In all elections to be made by the legislature the members 
thereof shall vote viva voce and their votes shall be entered in the 
journal. 



South Dakota— 1889 3361 

§ 15. The sessions of each house and of the committee of the whole 
shall be open, unless when the business is such as ought to be kept 
secret. 

§ 16. Neither house shall, without the consent of the other, adjourn 
for more than three days, nor to any other place than that in which 
the two houses shall be sitting. 

§ 17. Every bill shall be read three several times, but the first ami 
second reading may be on the same day, and the second reading may 
be by the title of the bill, unless the reading at length be demanded. 
The first and third readings shall be at length. 

§ 18. The enacting clause of a law shall be: " Be it enacted by the 
Legislature of the State of South Dakota," and no law shall be 
passed unless by assent of a majority of all the members elected to 
each house of the legislature. And the question upon the final pas- 
sage shall be taken upon its last reading, and the yeas and nays shall 
be entered upon the journal. 

£ 1!>. The presiding officer of each house shall, in the presence of 
the house over which he presides, sign all bills and joint resolutions 
passed by the legislature, after their titles have been publicly read 
immediately before signing, and the fact of signing shall be entered 
upon the journal. 

§20. Any bill may originate in either house of the legislature, and 
a bill passed by one house may be amended in the other. 

§21. No law shall embrace more than one subject, which shall be 
expressed, in its title. 

§22..No act shall take effect until ninety days after the adjourn- 
ment of the session at which it passed, unless in case of emergency 
(to be expressed in the preamble or body of the act) the legislature 
shall, by a vote of two-thirds of all the members elected of each 
house, otherwise direct. 

§23. The legislature is prohibited from enacting any private or 
special laws in the following cases: 

1. Granting divorces. 

2. Changing the names of persons or places, or constituting one 
person the heir-at-law of another. 

3. Locating or changing county-seats. 

4. Regulating county and township affairs. 

5. Incorporating cities, towns and villages or changing or amend- 
ing the charter of any town, city or village, or laving out, opening, 
vacating or altering town plats, streets, wards, alleys and' public 
grounds. 

6. Providing for sale or mortgage of real estate belonging to minors 
or others under disability. 

7. Authorizing persons to keep ferries across streams wholly within 
the State. 

8. Remitting fines, penalties or forfeitures. 

0. Granting to an individual, association or corporation any special 
or exclusive privilege, immunity or franchise whatever. 

10. Providing for the management of common schools. 

11. Creating, increasing or decreasing fees, percentages or allow- 
ances of public officers during the term for which said officers are 
elected or appointed. 



3362 South Dakota— 1889 

But the legislature may repeal any existing special law relating to 
the foregoing subdivisions. 

In all other cases where a general law can be applicable, no special 
law shall be enacted. 

§ 24. The legislature shall have no power to release or extinguish, 
in whole or in part, the indebtedness, liability or obligation of any 
corporation or individual to this State or to any municipal corpora- 
tion therein. 

§ 25. The legislature shall not authorize any game of chance, lot- 
tery or gift enterprise, under any pretense, or for any purpose 
whatever. 

§ 20. The legislature shall not delegate to any special commission, 
private corporation or association any power to make, supervise" or 
interfere with any municipal improvement, money, property, effects, 
whether held in trust or otherwise, or levy taxes or to select a capital 
site or to perform any municipal functions whatever. 

§ 27. The legislature shall direct by law in what manner and in 
what court suits may be brought against the State. 

£ 28. Any person who shall give, demand, offer, directly or indi- 
rectly, any money, testimonial, privilege or personal advantage, any- 
thing of value to an executive or judicial officer or member of the 
legislature, to influence him in the performance of any of his official 
or public duties shall be guilty of bribery and shall be punished in 
such manner as shall be provided by law. 

The offense- of corrupt solicitation of members of the legislature, or 
of public officers of the State, or any municipal division thereof, and 
any effort toward solicitation of said members of the legislature or 
officers to influence their official action shall be defined by law, and 
shall be punishable by fine and imprisonment. 

Any person may be compelled to testify in investigation or judicial 
proceedings against any person charged with having committed any 
offense of bribery or corrupt solicitation, and shall not be permitted to 
withhold his testimony upon the ground that it may criminate him- 
self, but said testimony shall not afterward be used against him in 
any judicial proceeding except for bribery in giving such testimony, 
and any person convicted of either of the offienses aforesaid shall be 
disqualified from holding any office or position or office of trust or 
profit in this State. 

Article IV 

EXECUTIVE DEPARTMENT 

§ 1. The executive power shall be vested in a governor who shall 
hold his office for two years. A lieutenant governor shall be elected 
at the same time and for the same term. 

§ 2. No person shall be eligible to the office of governor or lieu- 
tenant governor except a citizen of the United States and a qualified 
elector of the State, who shall have attained the age of 30 years, and 
who shall have resided two years next preceding the election within 
the State or territory ; nor shall he be eligible to any other office dur- 
ing the term for which he shall have been elected. 

§ 3. The governor and lieutenant governor shall be elected by the 
qualified electors of the State at the time and places of choosing mem- 
bers of the legislature. The persons respectively having the highest 



South Dakota— 1889 3363 

number of votes for governor and lieutenant governor shall be elected ; 
but if two or more shall have an equal and highest number of votes 
for governor or lieutenant governor, the two houses of the legislature 
at its next regular session shall forthwith, by joint ballot, choose one 
of such persons for said office. The returns of the election for gov- 
ernor and lieutenant governor shall be made in such manner as shall 
be prescribed by law. 

§ 4. The governor shall be commander-in-chief of the military and 
naval forces of the State, except when they shall be called into the 
service of the United States, and may call out the same to execute 
laws, suppress insurrection and repel invasion. He shall have power 
to convene the legislature on extraordinary occasions. He shall, at 
the commencement of each session, communicate to the legislature by 
message, information of the condition of the State, and shall recom- 
mend such measures as he shall deem expedient. He shall transact 
all necessary business with the officers of the government, civil and 
military. He shall expedite all such measures as may be resolved 
upon by the legislature and shall take care that the laws be faithfully 
executed. 

§ 5. The governor shall have power to remit fines and forfeitures, 
to grant reprieves, commutations and pardons after conviction for all 
offences except treason and cases of impeachment; provided, that in 
all cases where the sentence of the court is capital punishment, im- 
prisonment for life or a longer term than two years, or a fine exceed- 
ing $200. no pardon shall be granted, sentence commuted or fine re- 
mitted except upon the recommendation in writing of a board of 
pardons, consisting of the presiding judge, secretary of state and 
attorney general, after full hearing in open session, and such recom- 
mendation, with the reasons therefor, shall be filed in the office of 
the secretary of state: but the legislature may by law in all cases 
regulate the manner in which the remission of fines, pardons, com- 
mutations and reprieves may be applied for. Upon conviction for 
treason he shall have the power to suspend the execution of the sen- 
tence until the case shall be reported to the legislature at its next 
regular session, when the legislature shall either pardon or commute 
the sentence, direct the execution of the sentence or grant a further 
reprieve. He shall communicate to the legislature at each regular 
session, each case of remission of fine, reprieve, commutation or par- 
don granted by him in the cases in which he is authorized to act 
without the recommendation of the said board of pardons, stating 
the name of the convict, the crime of which he is convicted, the 
sentence and its date, and the date of the remission, commutation, 
pardon or reprieve, with his reasons for granting the same. 

§ 6. In case of death, impeachment, resignation, failure to qualify, 
absence from the State, removal from office, or other disability of the 
governor, the powers and duties of the office for the residue of the 
term, or until he shall be acquitted, or the disability removed, shall 
devolve upon the lieutenant governor. 

§ 7. The lieutenant governor shall be president of the senate, but 
shall have only a casting vote therein. If during a vacancy of the 
office of governor the lieutenant governor shall be impeached, dis- 
placed, resign or die, or from mental or physical disease or otherwise 
become incapable of performing the duties of his office the secretary 



3364 South Dakota— 1889 

of state shall act as governor until the vacancy shall be filled or the 
disability removed. 

§ 8. When any office shall from any cause become vacant and no 
mode is provided by the constitution or law for filling such vacancy, 
the governor shall liave the power to fill such vacancy by appointment. 

§ 9. Every bill which shall have passed the legislature shall, before 
it becomes a law, be presented to the governor. If he approve, he 
shall sign it; but if not, he shall return it with his objection to the 
house in which it originated, which shall enter the objection at large 
upon the journal and proceed to reconsider it. If after such recon- 
sideration, two-thirds of the members present shall agree to pass 
the bill, it shall be sent together with the objection, to the other 
house, by which it shall likewise be reconsidered, and if it be. ap- 
proved by two-thirds of the members present, it shall become a law ; 
but in all such cases the vote of both houses shall be determined by the 
yeas and nays, and the names of the members voting for and against 
the bill shall be entered upon the journal of each house respectively. 
If any bill shall | not] be returned by the governor within three days 
(Sundays excepted) after it shall have been presented to him, the 
same shall be a law, unless the legislature shall by its adjournment 
prevent its return, in which case it shall be filed, with his objection, 
in the office of the secretary of state within ten days after such 
adjournment, or become a law. 

S 10. The governor shall have power to disapprove of any item 
or items of any bill making appropriations of money embracing 
distinct items, and the part or parts of the bill approved shall be law, 
and the item or items disapproved shall be void, unless enacted in 
the following manner: If the legislature be in session he shall trans- 
mit to the house in which the bill originated, a copy of the item or 
items thereof disapproved, together with his objections thereto, and 
the items objected to shall be separately reconsidered, and each item 
shall then take the same course as is prescribed for the passage of 
bills over the executive veto. 

§11. Any governor of this State who asks, receives, or agrees to 
receive any bribe upon any understanding that his official opinion, 
judgment or action shall be influenced thereby, or who gives or offers, 
or promises his official influence in consideration that any member of 
the legislature shall give his official vote or influence on any particu- 
lar side of any question or matter upon which he may be required to 
act in his official capacity, or who menaces any member by the threat- 
ened use of his veto power or who offers or promises any member 
that he, the said governor, will appoint any particular person or per- 
sons to any office created or thereafter to be created in consideration 
that any member shall give his official vote or influence on any matter 
pending or thereafter to be introduced into either house of said legis- 
lature or Who threatenes any member that he, the said governor, will 
remove any person or persons from any office or position with intent 
to in any manner influence the official action of said member, shall 
be punished in the manner now, or that may hereafter be, provided 
by law, and upon conviction thereon shall forfeit all right to hold 
or exercise any office of trust or honor in this State. 

§ 12. There shall be chosen by the qualified electors of the State 
at the times and places, of choosing members of the legislature, a 



South Dakota— 18S9 3365 

secretary of state, auditor, treasurer, superintendent of public instruc- 
tion, commissioner of school and public lands, and attorney general, 
who shall severally hold their offices for the term of two years, but 
no person shall be eligible to the office of treasurer for more than 
two terms consectively. They shall respectively keep their offices 
at the seat of government. 

§ 13. The powers and duties of the secretary of state, auditor, 
treasurer, superintendent of public instruction, commissioner of 
school and public lands and attorney general shall be as prescribed 
by law. 

Article V 

JUDICIAL DEPARTMENT 

§ 1. The judicial powers of the State, except as in this constitu- 
tion otherwise provided, shall be vested in a supreme court, circuit 
courts, county courts and justices of the peace, and such other courts 
as may be created by law for cities and incorporated towns. 

SUPREME COURT 

§ 2. The supreme court, except as otherwise provided in this con- 
stitution, shall have appellate jurisdiction only, which shall be co- 
extensive with the State, and shall have a general superintending 
control over all inferior courts, under such regulations and limita- 
tions as may be prescribed by law. 

§ 3. The' supreme court and the judges thereof shall have power to 
issue writs of habeas corpus. The supreme court shall have power to 
issue writs of mandamus, quo warranto, certiorari, injunction and 
other original and remedial writs, with authority to hear and 
determine the same in such cases and under such regulations as 
may be prescribed bv law, provided, however, that no jury trials 
shall be allowed in said supreme court, but. in proper cases, questions 
of fact may be sent by said court to a circuit court for a trial before 
a jury. 

§4. At least two terms of the supreme court shall be held each 
year at the seat of government. 

£ 5. The supreme court shall consist, of three judges, to be chosen 
from districts by qualified electors of the State at large, as herein- 
after provided. 

§ 6. The number of said judges and districts may, after five years 
from the admission of this State under this constitution, be increased 
by law to not exceeding five. 

£ 7. A majority of the judges of the supreme court shall be neces- 
sary to form a quorum or to pronounce a decision, but one or more 
of said judges may adjourn the court from day to day or to a day 
certain. 

§ 8. The term of the judges of the supreme court who shall be 
elected at the first election under this constitution shall be four years. 
At all subsequent elections the term of said judges shall be six years. 

§ 9. The judges of the supreme court shall by rules select from their 
number a presiding judge, who shall act as such for the term pre- 
scribed by such rule. 

7254— vol 6—09 12 



3366 South Dakota— 1889 

§ 10. No person shall be eligible to the office of judge of the supreme 
court unless he be learned in the law, be at least thirty years of age, a 
citizen of the United States, nor unless he shall have resided in this 
State or territory at least two years next preceding his election and 
at the time of his election be a resident of the district from which he 
is elected; but for the purpose of re-election, no such judge shall be 
deemed to have lost his residence in the district by reason of his 
removal to the seat of government in the discharge of his official 
duties. 

§ 11. Until otherwise provided by law, the districts from which the 
said judges of the supreme court shall be elected shall be constituted 
as follows: 

First Distinct — All that portion of the State lying west of the" Mis- 
souri river. 

Second District — All that portion of the State lying east of the 
Missouri river and south of the second standard parallel. 

Third District — All that portion of the State lying east of the 
Missouri river and north of the second standard parallel. 

§ 12. There shall be a clerk and also a reporter of the supreme 
court, who shall be appointed by the judges thereof and who shall 
hold office during the pleasure of said judges, and whose duties and 
emoluments shall be prescribed by law, and by the rules of the 
supreme court not inconsistent with law. The legislature shall make 
provisions for the publication and distribution of the decisions of the 
supreme court, and for the sale of the published volumes thereof. 
No private person or corporation shall be allowed to secure any copy- 
right to such decisions, but if any copyrights are secured they shall 
innure wholly to the benefit of the State. 

>J 18. The governor shall have authority to require the opinions of 
the judges of the supreme court upon important questions of law 
involved in the exercise of his executive powers and upon solemn 
occasions. 

CIRCUIT COURTS 

§ 14. The circuit courts shall have original jurisdiction of all 
actions and causes, both at law and in equity, and such appellate 
jurisdiction as may be conferred by law and consistent with this con- 
stitution; such jurisdiction as to value and amount and grade of 
offense, may be limited by law. They and the judges thereof shall 
also have jurisdiction and power to issue writs of habeas corpus, 
mandamus, quo warranto, certiorari, injunction and other original and 
remedial writs, with authority to hear and determine the same. 

§ 15. The state shall be divided into judicial circuits in each of 
which there shall be elected by the electors thereof one judge of the 
circuit caurt therein, whose term of office shall be four years. 

§ IB. Until otherwise ordered by law, said circuits shall be eight in 
number and constituted as follows, viz. 

First Circuit — The counties of Union, Clay, Yankton, Turner, Bon 
Homme, Hutchinson, Charles Mix, Douglas, Todd, Gregory, Tripp 
and Meyer. 

Second Circuit — The counties of Lincoln, Minnehaha, McCook, 
Moody and Lake. 

Third Circuit — The counties of Brookings, Kingsbury, Deuel, 



South Dakota-— 1889 3367 

Hamlin, Codington, Clark, Grant, Roberts, Day, and the Wahpeton 
and Sisseton reservation, except such portion of such reservation as 
lies in Marshall county. 

Fourth Circuit — The counties of Sanborn, Davison, Aurora, Brule, 
Buffalo, Jerauld, Hanson, Miner, Lyman, Presho and Pratt. 

Fifth Circuit — The counties of Beadle, Spink, Brown and Marshall. 

Sixth Circuit — The counties of Hand, Hyde, Hughes, Sully, Stan- 
ley, Potter, Faulk; Edmunds, Walworth, Campbell and McPherson 
and all that portion of said state lying east of the Missouri river and 
not included in any other judicial circuit. 

Seventh Circuit — The counties of Pennington, Custer, Fall River, 
Shannon, Washington, Ziebach, Sterling, Nowlin, Jackson, Washa- 
baugh and Lugenbeel. 

Eighth Circuit — The counties of Lawrence, Meade, Scobey, Butte, 
Delano, Pyatt, Dewey, Boreman, Schnasse, Rinehart, Martin. Cho- 
teau, Ewing and Harding and all that portion of said state west of 
the Missouri river and north of the Big Cheyenne river and the north 
fork of the Cheyenne river not included in any other judicial circuit. 

§ 17. The legislature may, whenever two-thirds of the members of 
each house shall concur therein, increase the number of judicial cir- 
cuits and the judges thereof, and divide the State into judicial circuits 
accordingly, taking care that they be formed of compact territory 
and be bounded by county lines, but such increase of number or 
change in the boundaries of districts shall not work the removal of 
any judge from his office during the term for which he shall have been 
elected or appointed. 

§ 18. Writs of error and appeals may be allowed from the decisions 
of the circuit courts to the supreme court under such regulations as 
may be prescribed by law. 

COUNTY COURTS 

§ 19. There shall bo elected in each organized county a county 
judge who shall be judge of the county court of said county, whose 
term of office shall be two years until otherwise provided by law. 

S 20* County courts shall be courts of record and shall have origi- 
nal jurisdiction in all matters of probate guardianship and settle- 
ment of estates of deceased persons, and such-other civil and criminal 
jurisdiction as may be conferred by law; Prodded, that such courts 
shall not have jurisdiction in any case where the debt, damage, claim 
or value of property involved shall exceed one thousand dollars ex- 
cept in matters of probate, guardianship and the estates of deceased 
persons. Writs of error and appeal may be allowed from county to 
circuit courts, or to the supreme court, in such cases and in such man- 
ner as ma} r be prescribed by law; Provided, that no appeal or writ 
of error shall be allowed to the circuit court from any judgment ren- 
dered upon an appeal from a justice of the peace or police magistrate 
for cities or towns. 

§ 21. The county court shall not have jurisdiction in cases of fel- 
ony, nor shall criminal cases therein be prosecuted by indictment ; 
but they may have such jurisdiction in criminal matters, not of the 
grade of felony, as the legislature may prescribe, and the prosecu- 
tions therein may be by information or otherwise as the legislature 
may provide. 



3368 South Dakota— 1889 



JUSTICE OF THE PEACE 



§ 22. Justices of the peace shall have such jurisdiction as may be 
conferred by law, but they shall not have jurisdiction of any cause 
wherein the value of the property or the amount in controversy ex- 
ceeds the sum of one hundred dollars, or where the boundaries or title 
to real property shall be called in question. 



POLICE MAGISTRATE 



§ 23. The legislature shall have power to provide for creating such 
police magistrates for cities and towns as may be deemed from time 
to time necessary, who shall have jurisdiction of all cases arising 
under the ordinances of such cities and towns respectively, and such 
police magistrates may also be constituted ex-officio justices of the 
peace for their respective counties. 



STATE S ATTORNEY 



§ 24. The legislature shall have power to provide for State's attor- 
neys and to prescribe their duties and fix their compensation ; but no 
person shall be eligible to the office of attorney general or State's 
attorney who shall not at the time of his election be at least 25 years 
of age and possess all the other qualifications for judges of circuit 
courts as prescribed in this article. 



MISCELLANEOUS 



§ 25. No person shall be eligible to the office of judge of the circuit 
or county courts unless he be learned in the law, be at least 25 years of 
age, and a citizen of the United States; nor unless he shall have re- 
sided in this state or territory at least one year next preceding his 
election, and at the time of his election be a resident of the county or 
circuit, as the case may be, for which he is elected. 

§ 2(>. The judges of the supreme court, circuit courts and county 
courts shall be chosen at the first election held under the provisions 
of this constitution, and thereafter as provided by law, and the legis- 
lature may provide for the election of such officers on a different day 
from that on which an election is held for any other purpose and 
may. for the purpose of making such provision, extend or abridge 
the term of office for any such judges, then holding, but not in any 
case more than six months. The term of office of all judges of circuit 
courts, elected in the several judicial circuits throughout the state, 
shall expire on the same day. 

§ 27. The time of holding courts within said judicial circuits and 
counties shall be as provided by law; but at least one term of the cir- 
cuit court shall be held annually in each organized county, and the 
legislature shall make provision for attaching unorganized counties 
or territory to original counties for judicial purposes. 

§ 28. Special terms of said courts may be held under such regula- 
tions as may be provided by law. 

§ 29. The judges of the circuit courts may hold courts in other cir- 
cuits than their own under such regulations as may be prescribed by 
law. 



South Dakota— 1889 3369 

§ 30. The judges of the supremo court, circuit courts and county 
courts shall each receive such salary as may be provided by law, con- 
sistent with this constitution, and no such judge shall receive any 
compensation, perquisite or emoluments for or on account of his 
office in any form whatever except such salary ; provided that county 
judges may accept and receive such fees as may be allowed under the 
land laws of the United States. 

§ 31. jSo judge of the supreme court or circuit court shall act as 
attorney or counselor at law, nor shall any county judge act as an 
attorney or counselor at law in any case which is or may be brought 
into his court, or which may be appealed therefrom. 

§ 32. There shall be a clerk of the circuit court in each organized 
county Avho shall also be clerk of the county court, and who shall be 
elected by the qualified electors of such county. The duties and com- 
pensation of said clerk shall be as provided by law and regulated 
by the rules of the court consistent with the provisions of law. 

§ 33. Until the legislature shall provide by law for fixing the terms 
of courts, the judges of the supreme, circuit and county courts respec- 
tively shall fix the terms thereof. 

§ 34. All laws relating to courts shall be general and of uniform 
operation throughout the state, and the organization, jurisdiction, 
power, proceedings and practice of all the courts of the same class 
or grade, so far as regulated by law, and the force and effect of the 
proceedings, judgments and decrees of such courts severally shall be 
uniform; Protncled, however, that the legislature may classify the 
county courts according to the population of the respective counties 
and fix the jurisdiction and salary of the judges thereof, accordingly. 

^ :').'>. No judge of the supreme or circuit courts shall be elected to 
any other than a judicial office or be eligible thereto, during the term 
for which he was elected such judge. All votes for either of them 
during such term for any elective office, except that of judge of the 
supreme court, circuit court or county court, given by the legislature 
or the people, shall be void. 

§ 36. All judges or other officers of the supreme, circuit or county 
courts provided for in this article shall hold their offices until their 
successors respectively are elected or appointed and qualified. 

§ 37. All officers provided for in this article shall respectively reside 
in the district, county, precinct, city or town for which they may be 
elected or appointed. Vacancies in the elective offices provided for 
in this article shall be filled by appointment until the next general 
election as follows: All judges of the supreme, circuit and county 
courts by the governor. All other judicial and other officers by the 
county board of the counties where the vacancy occurs: in cases of 
police magistrates, by the municipality. 

§38. All process shall run in the name of the "Slate of South 
Dakota." All prosecutions shall be carried on in the name of and by 
authority of the " State of South Dakota." 

Article VI 

BILL OF RIGHTS 

§ 1. All men are born equally free and independent, and have cer- 
tain inherent rights, among which are those of enjoying and defend- 
ing life and liberty, of acquiring and protecting property and the 



3370 South Dakota— 1889 

pursuit of happiness. To secure these rights governments are insti- 
tuted among men, deriving their just powers from the consent of the 
governed. 

§ 2. No person shall be deprived of life, liberty or property without 
due process of law. 

§ 3. The right to worship God according to the dictates of con- 
science shall never be infringed. No person shall be denied any civil 
or political right, privilege or position on account of his religious 
opinions; but the liberty of conscience hereby secured shall not be so 
construed as to excuse licentiousness, the invasion of the rights of 
others, or justify practices inconsistent with the peace or safety of the 
State. No person shall be compelled to attend or support any min- 
istry or place of worship against his consent, nor shall any preference 
be given by law to any religious establishment or mode of worship. 
No money or property of the state shall be given or appropriated for 
the benefit of any sectarian or religious society or institution. 

§ 4. The right of petition, and of the people peaceably to assemble 
to consult for the common good and make known their opinions, shall 
never be abridged. 

§ 5. Every person may freely speak, write and publish on all sub- 
jects, being responsible for the abuse of that right. In all trials for 
libel, both civil and criminal, the truth, when published, with good 
motives and for justifiable ends, shall be a sufficient defense. The 
jury shall have the right to determine the facts and the law under 
the direction of the court. 

$ 6. The right of trial by jury shall remain inviolate, and shall ex- 
tend to all cases at law without regard to the amount in controversy, 
but the legislature may provide for a jury of less than twelve in any 
court not a court of record, and for the decision of civil cases by 
three-fourths of the jury in any court. 

§ 7. In all criminal prosecutions the accused shall have the right 
to defend in person and by counsel ; to demand the nature and cause 
of the accusation against him ; to have a copy thereof; to meet the wit- 
nesses against him face to face; to have compulsory process served 
for obtaining witnesses in his behalf, and to a speedy public trial by 
an impartial jury of the county or district in which the offense is 
alleged to have been committed. 

§ 8. All persons shall be bailable by sufficient sureties, except for 
capital offenses when proof is evident or presumption great. The 
privilege of the writ of habeas corpus shall not be suspended, unless 
when in case of rebellion or invasion the public safety ma}^ require it. 

§ 9. No person shall be compelled in any criminal case to give evi- 
dence against himself or be twice put in jeopardy for the same 
offense. 

§ 10. Jfo person shall be held for a criminal offense unless on the 
presentment or indictment of the grand jury, or information of the 
public prosecutor, except in cases of impeachment, in cases cogniz- 
able by county courts, by justices of the peace, and in cases arising 
in the army and navy, or in the militia when in actual service in time 
of war or public danger. Pro ruled, that the grand jury may be 
modified or abolished by law\ 

§ 11. The right of the people to be secure in their persons, houses, 
papers and effects, against unreasonable searches and seizures, shall 
not be violated, and no warrant shall issued but upon probable cause 



South Dakota— 1889 3371 

supported by affidavit, particularly describing the place to be searched 
and the person or thing to be seized. 

§ 12. No ex post facto law, or law imparing the obligation of con- 
tracts or making any irrevocable grant or privilege, franchise or 
immunity shall be passed. 

§ 13. Private property shall not be taken for public use, or dam- 
aged, without just compensation as determined by a jury, which 
shall be paid as soon as it can be ascertained and before possession is 
taken. No benefit which may accrue to the owner as a result of an 
improvement made by any private corporation shall be considered in 
fixing the compensation for property taken or damaged. The fee of 
land taken for railroad tracks or other highways shall remain in such 
owners, subject to the use for which it is taken. 

§ 14. No distinction shall ever be made by law between resident 
aliens and citizens in reference to the possession, enjoyment or descent 
of property. 

§ 15. No person shall be imprisoned for debt arising out of or 
founded upon a contract. 

§ 1<>. The military shall be in strict subordination to the civil 
power. No soldier in time of peace shall be quartered in any house 
without consent of the owner, nor in time of war except in the man- 
ner prescribed by law. 

§ 17. No tax or duty shall be imposed without the consent of the 
people or their respresentatives in the legislature, and all taxation 
shall be equal and uniform. 

£ 18. No law shall be passed granting to any citizen, class of citi- 
zens or corporation, privileges or immunities which upon the same 
terms shall not equally belong to all citizens or corporations. 

§ 19. Elections shall be'free and equal, and no poAver, civil or mili- 
tary, shall at any time interfere to prevent the free exercise of the 
right of suffrage. Soldiers in time of war may vote at their post of 
duty in or out of the state, under regulations to be prescribed by the 
legislature. 

§ 20. All courts shall be open, and every man for an injury done 
him in his property, person or reputation, shall have remedy by due 
course of law, and right and justice administered without denial or 
delay. 

§ 21. No power of suspending law shall be exercised, unless by the 
legislature or its authority. 

§ 22. No person shall be attainted of treason or felony by the 
legislature. 

§ 23. Excessive bail shall not be required, excessive fines imposed, 
nor cruel punishments inflicted. 

§ 24. The right of the citizens to bear arms in defense of themselves 
and the state shall not be denied. 

§ 25. Treason against the state shall consist only in levying war 
against it, or in adhering to its enemies, or in giving them aid and 
comfort. No person shall be convicted of treason unless on the testi- 
mony of two witnesses to the same overt act or confession in open 
court. 

§ 2G. All political power is inherent in the people and all free gov- 
ernment is founded on their authority, and is instituted for their 
equal protection and benefit, and they have the right in lawful and 
constituted methods to alter or reform their forms of government in 



3372 South Dakota- 1889 

such manner as they may think proper. And the state of South 
Dakota is an inseparable part of the American Union, and the consti- 
tution of the United States is the supreme law of the land. 

§ 27. The blessings of a free government can only be maintained 
by a firm adherence to justice, moderation, temperance, frugality and 
virtue, and by frequent recurrence to fundamental principles. 

Article VII 

ELECTIONS AND RIGHT OF SUFFRAGE 

§ 1. Every male person resident of this State who shall be of the 
age of 21 years and upwards, not otherwise disqualified, belonging to 
either of the following classes, who shall be a qualified elector under 
the laws of the territory of Dakota at the date of the ratification of 
this constitution by the people, or who shall have resided in the 
United States one year, in this state six months, in the county thirty 
days and in the election precinct where he offers his vote ten days next 
preceding any election, shall be deemed a qualified elector at such 
election. 

First. Citizens of the United States. 

Second. Persons of foreign birth who shall have declared their 
intention to become citizens conformably to the laws of the United 
States upon the subject of naturalization. 

a § 2. The legislature shall at its first session after the admission of 
the state into the Union, submit to a vote of the electors of the state 
the following question to be voted upon at the next general election 
held thereafter, namely : " Shall the word w male ' be stricken from the 
article of the constitution relating to elections and the right of suf- 
frage." If a majority of the votes cast upon that question are in 
favor of striking out said word " male " it shall be stricken out and 
there shall thereafter be no distinction between males and females in 
the exercise of the right of suffrage at any election in this state. 

§ 3. All votes shall be by ballot, but the legislature may provide 
for numbering ballots for the purpose of preventing and detecting 
fraud. 

§ 4. All general elections shall be biennial. 

§ 5. Electors shall in all cases except treason, felony or breach of 
the peace, be privileged from arrest during their attendance at elec- 
tions and in going to and returning from the same. And no elector 
shall be obliged to do military duty on the days of election except in 
time of war or public danger. 

$ 6. No elector shall be deemed to have lost his residence in this 
state by reason of his absence on business of the United States or 
of this sta*e, or in the military or naval service of the United States. 

£ 7. No soldier, seaman or marine in the army or navy of the 
United States shall be deemed a resident of this state in consequence 
of being stationed therein. 

8 8. No person under guardianship, non compos mentis or insane, 
shall be qualified to vote at any election, nor shall any person con- 

•' This question was submitted to the people at the election held in November, 
1890, and was rejected hy the following vote: For, 22.072; against, 45.082. 



South Dakota 1889 3373 

victed of treason or felony be qualified to vote at any election unless 
restored to civil rights. 

£ !). Any woman having the qualifications enumerated in Section 
1, of this article, as to age, residence and citizenship, and including 
those now qualified by the laws of the territory, may vote at any 
election held solely for school purposes, and may hold any office in 
this state except as otherwise provided in this constitution. 

Article VIII 

EDUCATION AND SCHOOL LANDS 

§ 1. The stability of a republican form of government depending 
on the morality and intelligence of the people, it shall be the duty 
of the legislature to establish and maintain a general and uniform 
system of public schools wherein tuition shall be without charge, 
and equally open to all; and to adopt all suitable means to secure to 
the people the advantages and opportunities of education. 

£ 2. All proceeds of the sale of public lands that have heretofore 
been or may hereafter be given by the United States for the use of 
public schools in the State; all such per centum as may be granted by 
the United States on the sales of public lands; the proceeds of all 
property that shall fall to the State by escheat; the proceeds of all 
gifts or donations to the State for public schools or not otherwise 
appropriated by the terms of the gift; and all property otherwise 
acquired for public schools, shall be and remain a perpetual fund for 
the maintenance of public schools in the State. It shall be deemed 
a trust fund held by the State. The principal shall forever remain 
inviolate, and may be increased, but shall never be diminished, and 
the State shall make good all losses thereof which may in any manner 
occur. 

§ 3. The interest and income of this fund, together with the net 
proceeds of all fines for violation of State laws and all other sums 
which may be added thereto by law, shall be faithfully used and 
applied each year for the benefit of the public schools of the State, 
and shall lie for this purpose apportioned among and between all the 
several public school corporations of the State in proportion to the 
number of children in each of school age, as may be fixed by law ; 
and no part of the fund, either principal or interest, shall ever be 
diverted, even temporarily, from this purpose or used for any other 
purpose whatever than the maintenance of public schools for the 
equal benefit of all the people of the State. 

^ 4. After one year from the assembling of the first legislature, 
the lands granted to the State by the United States for the use of 
public schools may be sold upon the following conditions and no 
other: Not more than one-third of all such lands shall be sold within 
the first five years, and no more than two-thirds within the first 
fifteen years after the title thereto is vested in the Stat* 1 and the 
legislature shall, subject to the provisions of this article, provide for 
the sale of the same. 

The commissioner of school and public lands, the State auditor 
and the county superintendent of schools of the counties sever- 
ally, shall constitute boards of appraisal and shall appraise all 
school lands within the several counties which thev may from time to 



3374 South Dakota -1889 

time select and designate for sale, at their actual value under the 
terms of sale. They shall take care to first select and designate for 
sale the most valuable lands; and they shall ascertain all such lands 
as may be of special and peculiar value, other than agricultural, and 
cause the proper sub-division of the same in order that the largest 
price may be obtained therefor. 

§ 5. No land shall be sold for less than the appraised value, and in 
no case for less than ten dollars an acre. The purchaser shall pay 
one-fourth of the price in cash, and the remaining three-fourths as 
follows: One-fourth in five years, one-fourth in ten years, and one- 
fourth in fifteen years; with interest thereon at the rate of not less 
than six per centum per annum, payable annually in advance, but all 
such subdivided lands may be sold for cash, provided that upon pay- 
ment of the interest for one full year in advance, the balance of the 
purchase price may be paid at any time. All sales shall be at public 
auction to the highest bidder, after sixty day's advertisement of the 
same in a newspaper of general circulation in the vicinity of the lands 
to be sold, and one at the seat of government. Such lands as shall 
not have been specially subdivided shall be offered in tracts of not 
more than eighty acres, and those so subdivided in the smallest sub- 
divisions. All lands designated for sale and not sold within four 
years after appraisal, shall be reappraised by the board of appraisal 
as hereinbefore provided before they are sold. 

§ ('». All sales shall be conducted through the office of the commis- 
sioner of school and public lands as may be prescribed by law, and 
returns of all appraisals and sales shall be made to said office. No 
sale shall operate to convey any right or title to any lands for sixty 
days after the date thereof, nor until the same shall have received 
the approval of the governor in such form as may be provided by law. 
No grant or patent for any such lands shall issue until final payment 
be made. 

§ 7. All lands, money or other property donated, granted, or 
received from the United States or any other source for a university, 
agricultural college, normal schools or other educational or charitable 
institution or purpose, and the proceeds of all such lands and other 
property so received from any source, shall be and remain perpetual 
funds, the interest and income of which, together with the rents of all 
such lands as may remain unsold, shall be inviolably appropriated 
and applied to the specific objects of the original grants or gifts. 
The principal of every such fund may be increased, but shall never 
be diminished, and the interest and income only shall be used. Every 
such fund shall be deemed a trust fund held by the state, and the 
state shall make good all losses therefrom that shall in any manner 
occur. 

§ 8. All lands mentioned in the preceding section shall be appraised 
and sold in fhe same manner and by the same officers and boards under 
the same limitations and subject to all the conditions as to price, sale 
and approval provided above for the appraisal and sale of lands for 
the benefit of public schools, but a distinct and separate account shall 
be kept by the proper officers of each of such funds. 

§ 9. No lands mentioned in this article shall be leased except for 
pasturage and meadow purposes and at public auction after notice as 
hereinbefore provided in case of sale and shall be offered in tracts 
not greater than one section. All rents shall be payable annually in 



South Dakota -1SS!) * 3375 

advance, and no term of lease shall exceed live years, nor shall any 
lease be valid until it receives the approval of the governor. 

§ 10. Xo claim to any public lands by any tresspasser thereon by 
reason of occupancy, cultivation or improvement thereof, shall ever be 
recognized; nor shall compensation ever be made on account of any 
improvements made by such trespasser. 

a § 11. The moneys of the permanent school and other educational 
funds shall be invested only in first mortgages upon good improved 
farm lands within this State as hereinafter provided, or in bonds 
of school corporations within the State, or in bonds of the United 
States, or of the State of South Dakota. The legislature shall pro- 
vide by law the method of determining the amounts of said funds 
which. shall be invested from time to time in such classes of securities 
respectively, taking care to secure continuous investments as far as 
possible. 

All moneys of said funds which may from time to time be des- 
ignated for investment in farm mortgages and in the bonds of school 
corporations shall for such purpose be divided among the organized 
counties of the State in proportion to population as nearly as provi- 
sions by law to secure continuous investments may permit. The 
several counties shall hold and manage the same as trust funds, ; id 
they shall be and remain responsible and accountable for the principal 
and interest of all such moneys received by them from the date of 
receipt until returned because not loaned; and in case of loss to any 
money so apportioned to any county, such county shall make the 
same good out of its common revenue. Counties shall invest said 
money in bonds of school corporations, or in first mortgages upon 
good improved farm lands within their limits respectively; but no 
farm loan shall exceed $500 to any one person, nor shall it exceed 
one-half the valuation of the lands as assessed for taxation, and the 
rate of interest shall not be less than 6 per centum per annum, and 
shall be such other and higher rate as the legislature may provide, and 
shall be payable semi-annually on the first days of January and July; 
provided, that whenever there are moneys of said funds in any county 
amounting to $1,000 that cannot be loaned according to the provisions 
of this section and any law pursuant thereto, the said sum may be 
returned to the state treasurer to be entrusted to some other county or 
counties, or otherwise invested under the provisions of this section. 

Each county shall semi-annually, on the first day of January and 
July, render an account of the condition of the funds intrusted to it 
to the auditor of state, and at the same time pay to or account to the 
state treasurer for the interest due on all funds intrusted to it. 

The legislature may provide by general law that counties may 
retain from interest collected in excess of six per centum per annum 
upon all said funds intrusted to them, not to exceed one per centum 
per annum. But no county shall be exempted from the obligation to 
make semi-annual payments to the state treasury of interest at the 
rate provided by law for such loans, except only said one per centum, 
and in no case shall the interest so to be paid be less than six per 
centum per annum. 

The legislature shall provide by law for the safe investment of the 
permanent school and other educational funds, and for the prompt 

a See amendment, 1902. 



3376 * South Dakota— 188$ 

collection of interest and income thereof, and to carry out the objects 
and provisions of this section. 

§ 12. The governor ma} r disapprove any sale, lease or investment 
other than such as are intrusted to the counties. 

§ 13. All losses to the permanent school or other educational funds 
of this state which shall have been occasioned by the defalcation, neg- 
ligence, mismanagement or fraud of the agents or officers controlling 
and managing the same, shall be audited by the proper authorities of 
the state. The amount so audited shall be a permanent funded debt 
against the state in favor of the fund sustaining the loss upon which 
not less than six per centum of annual interest shall be paid. The 
amount of indebtedness so created shall not be counted as a part of 
the indebtedness mentioned in Article XIII, Sec. 2. 

§ 14. The legislature shall provide by law for the protection of the 
school lands from trespass or unlawful appropriation, and for their 
defense against all unauthorized claims or efforts to divert them from 
the school fund. 

§15. The. legislature shall make such provisions oy general Taxa- 
tion, and by authorizing the school corporations to levy such addi- 
tional taxes, as with the income from the permanent school fund shall 
secure a thorough and efficient system of common schools throughout 
the state. 

§ 16. No appropriation of lands, money or other property or credits 
to aid any sectarian school shall ever be made by the state, or any 
county or municipality within the state, nor shall the state or any 
county or municipality within the state accept any grant, conveyance, 
gift or bequest of lands, money or other property to be used for sec- 
tarian purposes, and no sectarian instruction shall be allowed in any 
school or institution aided or supported by the state. 

£ IT. No teacher. State, county, township or district school officer 
shall be interested in the sale, proceeds or profits of any book, appa- 
ratus or furniture used or to be used in any school in this state, under 
such penalties as shall be provided by law. 

Article IX 

COUNTY AND TOWNSHIP ORGANIZATION 

§ 1. The legislature shall provide by general law for organizing 
new counties, locating the county seats thereof and changing county 
lines; but no new county shall be organized so as to include an area 
of less than twenty-four congressional townships, as near as may be 
without dividing a township' or fractional township, nor shall the 
boundaries of any organized county be changed so as to reduce the 
same to a h^s area than above specified. All changes in county 
boundaries in counties already organized, before taking effect, shall be 
submitted to the electors of the county or counties to be affected 
thereby, at the next general election thereafter and be adopted by a 
majority of the votes cast in each county at such election. Counties 
now organized shall remain as they are unless changed according to 
the above provisions. 

§ 2. In counties already organized where the county seat has not 
been located by a majority vote, it shall be the duty of the county 
board to submit the location of the county seat to the electors of said 



South Dakota— 1889 3377 

county at a general election. The piace receiving the majority of all 

votes cast at said election shall be the county seat of said county. 

§ 3. Whenever a majority of the legal voters of any organized 
county shall petition the county board to change the location of the 
county seat which has once been located by a majority vote, specifying 
the place to which it is to be changed, said county board shall submit 
the same to the people of said county at the next general election, and 
if the proposition to change the county seat be ratified by two-thirds 
of the votes cast at said election, then the county seat shall be changed, 
otherwise not. A proposition to change the location of the county 
seat of any organized county shall not again be submitted before the 
expiration of four years. 

§ 4. The legislature shall provide by general law for organizing the 
counties into townships, having due regard for congressional town- 
ship lines and natural boundaries, and whenever the population is 
sufficient and the natural boundaries will permit, the civil townships 
shall be co-extensive with the congressional townships. 

§ 5. In each organized county at the first general election held after 
the admission of the State of South Dakota into the Union, and every 
two years thereafter, there shall be elected a clerk of the court, sheriff, 
county auditor, register of deeds, treasurer, state's attorney, surveyor, 
coroner, and superintendent of schools, whose terms of office respec- 
tively shall be two years, and except the clerk of the court, no person 
shall be eligible for more than four years in succession to any of the 
above named offices. 

§ 6. The legislature shall provide by general law for such county, 
township and district officers as may be deemed necessary, and shall 
prescribe the duties and compensation of all county, township and 
district officers. 

§ 7. All county, township and district officers shall be electors in 
the county, township or district in which they are elected, provide* I 
that nothing in this section shall prevent the holding of school offices 
by any person, as provided in Section '.>. Article VII. 

Article X 

MUNICIPAL CORPORATIONS 

§ 1. The legislature shall provide by general laws for the organi- 
zation and classification of municipal corporations. The number of 
such classes shall not exceed four, and the powers of each class shall 
be defined by general laws, so that no such corporations shall have any 
powers, or be subject to any restrictions other than those of all corpo- 
rations of the same class. The legislature shall restrict the power 
of such corporations to levy taxes and assessments, borrow money and 
contract debts, so as to prevent the abuse of such power. 

>; 2. Except as otherwise provided in this constitution, no tax or 
assessment shall be levied or collected, or debts contracted by munic- 
ipal corporations, except in pursuance of law, for public purposes 
specified by law; nor shall money raised by taxation, loan or assess- 
ment for one purpose ever be diverted to any other. 

§ 3. No street passenger railway or telegraph or telephone lines 
shall be constructed within the limits of any village, town or city 
without the consent of its local authorities. 



3378 South Dakota— 1889 

Article XI 

REVENUE AND FINANCE 

§ 1. The legislature shall provide for an annual tax sufficient to 
defray the estimated ordinary expenses of the state, for each year, 
not to exceed in any one year two mills on each dollar of the assessed 
valuation of all taxable property in the state, to be ascertained by 
the last assessment made for state and county purposes. 

And whenever it shall appear that such ordinary expenses shall' 
exceed the income of the state for such year, the legislature shall 
provide for levying a tax for the ensuing year, sufficient with other 
sources of income, to pay the deficiency of the preceding year, 
together with the estimated expenses of such ensuing year. And 
for the purpose of paying the public debt, the legislature shall pro- 
vide for levying a tax annually, sufficient to pay the annual interest 
and the principal of such debt within ten years from the final passage 
of the law creating the debt, provided that the annual tax for the 
payment of the interest and principal of the public debt shall not 
exceed in any one year two mills on each dollar of the assessed valua- 
tion of all taxable property in the state as ascertained by the last 
assessment made for the state and county purposes. 

§ 2. All taxes to be raised in this state shall be uniform on all real 
and personal property, according to its value in money, to be ascer- 
tained by such rules of appraisement and assessment as may be 
prescribed by the legislature by general law, so that every person and 
corporation shall pay a tax in proportion to the value of his, her or 
its property. And the legislature shall provide by general law for 
the assessing and levying of taxes on all corporation property as 
near as may be by the same methods as are provided for assessing 
and levying of taxes on individual property. 

§ 3. The power to tax corporations and corporate property shall 
not be surrendered or suspended by any contract or grant to which 
the state shall be a party. 

§ 4. The legislature shall provide for taxing all moneys, credits, 
investments in bonds, stocks, joint stock companies, or otherwise; 
and also for taxing the notes and bills discounted or purchased, 
moneys loaned and all other property, effects or dues of every descrip- 
tion, of all banks and of all bankers, so that all property employed 
in banking shall always be subject to a taxation equal to that imposed 
on the property of individuals. 

§ 5. The property of the United States and of the state, county, 
and municpal corporations, both real and personal, shall be exempt 
from taxation. 

§ 6. The legislature shall, by general law, exempt from taxation, 
property used exclusively for agricultural and horticultural societies, 
for school, religious, cemetery and charitable purposes, and personal 
property to any amount not exceeding in value two hundred dollars, 
for each individual liable to taxation. 

§ 7. All laws exempting property from taxation, other than that 
enumerated in Sections 5 and 6 of this article, shall be void. 

§ 8. No tax shall be levied except in pursuance of a law, which shall 
distinctly state the object of the same, to which the tax only shall be 
applied. 



South Dakota— 1889 3379 

§ 9. All taxes levied and collected for state purposes shall be paid 
into the state treasury. No indebtedness shall be incurred or money 
expended by the state, and no warrant shall be drawn upon the state 
treasurer except in pursuance of an appropriation for the specific 
purpose first made. The legislature shall provide by suitable enact- 
ment for carrying this section into effect. 

§ 10. The legislature may vest the corporate authority of cities, 
towns and villages with power to make local improvements by special 
taxation of contiguous property or otherwise. For all corporate pur- 
poses, all municipal corporations may be vested with authority to as- 
sess and collect taxes; but such tax shall be uniform in respect to per- 
sons and property within the jurisdiction of the body levying the 
same. 

§11. The making of profit, directly or indirectly, out of state, 
county, city, town or school district money, or using the same for 
any purpose not authorized by law, shall be deemed a felony and shall 
be punished as provided by law. 

§ 12. An accurate statement of the receipts and expenditures of the 
public moneys shall be published annually in such manner as the 
legislature may provide. 

Article XII 

PUBLIC ACCOUNTS AND EXPENDITURES 

§ 1. Xo money shall be paid out of the treasury except upon appro- 
priation by law and on warrant drawn by the proper officer. 

§ 2. The general appropriation bill shall embrace nothing but 
appropriations for ordinary expenses of the executive, legislative and 
judicial departments of the state, the current expenses of state insti- 
tutions, interest on the public debt, and for common schools. All 
other appropriations shall be made by separate bills, each embracing 
but one object, and shall require a two-thirds vote of all the members 
of each branch of the legislature. 

§ 3. The legislature shall never grant any extra compensation to 
any public officer, employe, agent or contractor after the services shall 
have been rendered or the contract entered into, nor authorize the pay- 
ment of any claims or part thereof created against the state, under any 
agreement or contract made without express authority of law, and 
all such unauthorized agreements or contracts shall be null and void; 
nor shall the compensation of any public officer be increased or dimin- 
ished during his term of office; Provided, however, that the legisla- 
ture may make appropriations for expenditures incurred in suppress- 
ing or repelling invasion. 

§ 4. An itemized statement of all receipts and expenditures of the 
public moneys shall be published annually in such manner as the 
legislature shall provide, and such statements shall be submitted to 
the legislature at the beginning of each regular session by the gov- 
ernor with his message. 

Article XIII 

PUBLIC INDEBTEDNESS 

§ 1. Neither the state nor any county, township or municipality 
shall loan or give its credit or make donations to or in aid of any 
individual, association or corporation except for the necessary sup- 



3380 South Dakota— 1889 

port of the poor, nor subscribe to or become the owner of the capital 
stock of any association or corporation, nor pay or become responsible 
for the debt or liability of any individual, association or corporation ; 
Provided, that the state may assume or pay such debt or liability 
when incurred in time of war for the defense of the state. Nor shall 
the state engage in any work of internal improvement. 

§ 2. For the purpose of defraying extraordinary expenses and mak- 
ing public improvements, or to meet casual deficits or failure in 
revenue, the state may contract debts never to exceed, with previous 
debts, in the aggregate $100,000, and no greater indebtedness shall be 
incurred except for the purpose of repelling invasion, suppressing 
insurrection, or defending the state or the United States in war, and 
provision shall be made by law for the payment of the interest 
annually, and the principal when due, by tax levied for the purpose, 
or from other sources of revenue ; which law providing for the pay- 
ment of such interest and principal by such tax or otherwise shall be 
irrepealable until such debt is paid; Provided, however, the State of 
South Dakota shall have the power to refund the territorial debt 
assumed by the State of South Dakota, by bonds of the State of 
South Dakota. 

§ 3. That the indebtedness of the State of South Dakota, limited 
by Sec. 2 of this article shall be in addition to the debt of the Terri- 
tory of Dakota assumed by and agreed to be paid by South Dakota. 

§ 4. * The debt of any county, city, town, school district or other 
subdivision, shall never exceed five per centum upon the assessed value 
of the taxable property therein. 

In estimating the amount of indebtedness which a municipality or 
subdivision may incur, the amount of indebtedness contracted prior to 
the adoption of this constitution shall be included. 

§ 5. Any city, county, towm, school district or any other subdivision 
incurring indebtedness shall, at or before the time of so doing, pro- 
vide for the collection of an annual tax sufficient to pay the interest 
and also the principal thereof when due, and all laws or ordinances 
providing for the payment of the interest or principal of any debt 
shall be irrepealable until such debt be paid. 

§ 6. In order that the payment of the debts and liabilities con- 
tracted or incurred by and in behalf of the Territory of Dakota may 
be justly and equitably provided for and made, and in pursuance of 
the requirements of an act of congress approved Feb. 22, 1889, 
entitled, "An Act to provide for the division of Dakota into two states 
and to enable the people of North Dakota, South Dakota, Montana 
and Washington to form constitutions and state governments and to 
he admitted into the Union on an equal footing with the original 
states, and to make donations of public lands to such states,'' the 
states of North Dakota and South Dakota, by proceedings of a joint 
commission, duly appointed under said act, the sessions whereof were 
held in Bismarck in said State of North Dakota, from July 16, 1889, 
to July 31, 1889, inclusive, have agreed to the following adjustment 
of the amounts of the debts and liabilities of the Territory of Dakota 
which shall be assumed and paid by each of the States of North 
Dakota and South Dakota respectively, towit: 

* See aiuendweuLs, 1890, 11)02. 



South Dakota— 1889 3381 

1. This agreement shall take effect and be in force from and after 
the admission into the Union, as one of the United States of America, 
of either the State of North Dakota or the State of South Dakota. 

2. The words " State of North Dakota " wherever used in this 
agreement, shall be taken to mean the Territory of North Dakota, in 
case the State of South Dakota shall be admitted into the Union prior 
to the admission into the Union of the State of North Dakota ; and 
the words " State of South Dakota " wherever used in this agreement, 
shall be taken to mean the Territory of South Dakota in case the 
State of North Dakota shall be admitted into the Union prior to the 
admission into the Union of the State of South Dakota. 

3. The said State of North Dakota shall assume and pay all bonds 
issued by the Territory of Dakota to provide funds for the purchase, 
construction, repairs or maintenance of such public institutions, 
grounds or buildings as are located within the boundaries of North 
Dakota, and shall pay all warrants issued under and by virtue of that 
certain act of the legislative assembly of the Territory of Dakota, 
approved March 3, 1889, entitled. "An Act to provide for the refund- 
ing of outstanding warrants drawn on the capitol building fund." 

4. The said State of South Dakota shall assume and pay all bonds 
issued by the Territory of Dakota to provide funds for the purchase, 
construction, repairs or maintenance of such public institutions, 
grounds or buildings as are located within the boundaries of South 
Dakota. 

5. That is to say : The State of North Dakota shall assume and pay 
the following bonds and indebtedness, to-wit : Bonds issued on ac- 
count of the hospital for insane at Jamestown, North Dakota, the face 
aggregate of which is two hundred and sixty-six thousand dollars; 
also, bonds issued on account of the North Dakota University at 
Grand Forks, North Dakota, the face aggregate of which is ninety-six 
thousand seven hundred dollars ; also, bonds issued on account of the 
penitentiary at Bismarck, North Dakota, the face aggregate of which 
is ninety-three thousand six hundred dollars ; also, refunding capitol 
building warrants dated April 1, 1889, eighty-three thousand five 
hundred and seven dollars and forty-six cents. 

And the State of South Dakota shall assume and pay the following 
bonds and indebtedness, towit : Bonds issued on account of the Hos- 
pital for the Insane at Yankton, South Dakota, the face aggregate of 
which is two hundred and ten thousand dollars ; also, bonds issued on 
account of the school for deaf mutes at Sioux Falls, South Dakota, 
the face aggregate of which is fifty-one thousand dollars; also, bonds 
issued on account*of the university at Vermillion, South Dakota, the 
face aggregate of which is seventy-five thousand dollars; also, bonds 
issued on account of the penitentiary at Sioux Falls, South Dakota, 
the face aggregate of which is ninety-four thousand three hundred 
dollars; also, bonds issued on account of agricultural college at Brook- 
ings, South Dakota, the face aggregate of which is ninety-seven thou- 
sand five hundred dollars, also, bonds issued on account of the normal 
school at Madison, South Dakota, the face aggregate of which is 
forty-nine thousand four hundred dollars; also, bonds issued on 
account of [the] school of mines at Rapid City. South Dakota, the 
face aggregate of which is thirty-three thousand dollars; also, bonds 
issued on account of the reform school at Plankinton^ South Dakota, 

TIZA— vol G— 09 13 



3382 South Dakota— J 889 

the face aggregate of which is thirty thousand dollars; also, bonds 
issued on account of the normal school at Spearfish, South Dakota, 
the face aggregate of which is twenty-live thousand dollars; also, 
bonds issued on account of the soldier's home at Hot Springs, South 
Dakota, the face aggregate of which is forty-five thousand dollars. 

6. The states of North Dakota and South Dakota shall pay one- 
half each of all liabilities now existing or hereafter and prior to the 
taking effect of this agreement incurred, except those heretofore and 
hereafter incurred on account of public institutions, grounds or build- 
ings, except as otherwise herein specifically provided. 

7. The State of South Dakota shall pay to the State of North Da- 
kota forty-six thousand five hundred dollars on account of the excess 
of territorial appropriations for the permanent improvement of ter- 
ritorial institutions which under this agreement will go to South 
Dakota, and in full of the undivided one-half interest of North Da-" 
kota in the territorial library, and in full settlement of unbalanced 
accounts, and of all claims against the territory of whatever nature, 
legal or equitable, arising out of the alleged erroneous or unlawful 
taxation of the Northern Pacific railroad lands, and the payment of 
said amount shall discharge and exempt the State of South Dakota 
from all liability for or on account of the several matters hereinbe- 
fore referred to; nor shall either state be called upon to pay or 
answer to any portion of liability hereafter arising or accruing on 
account of transactions heretofore had, which liability would be a 
liability of the territory of Dakota had such territory remained in 
existence, and which liability shall grow out of matters connected 
with any public institution, grounds or buildings of the territory sit- 
uated or located within the boundaries of the other state. 

8. A final adjustment of accounts shall be made upon the follow- 
ing basis: North Dakota shall be charged with all sums paid on 
account of the public institutions, grounds or buildings located 
within its boundaries on account of the current appropriations since 
March 8, 1889; and South Dakota shall be charged with all sums paid 
on account of public institutions, grounds or buildings located within 
its boundaries on the same account and during the same time. Each 
state shall be charged with one-half of all other expenses of the terri- 
torial government during the same time. All moneys paid into the 
treasury during the period from March 8, 1889, to the time of taking 
effect of this agreement by any county, municipality or person within 
the limits of the proposed State of North Dakota, shall be credited 
to the State of North Dakota; and all sums paid into said treasury 
within the same time by any county, municipality or person within 
the limits of the proposed State of South Dakota shall be credited to 
the State of South Dakota ; except that any and all taxes on gross 
earnings parfd into said treasury by railroad corporations since the 
eighth day of March, 1889, bas'ed "upon earnings of years prior to 
1888, under and by virtue of the act of the legislative assembly of the 
Territory of Dakota, approved March 7, 1889, and entitled "An Act 
providing for the levy and collection of taxes upon property of rail- 
road companies in this territory," being Chapter 107 of the Session 
Laws of 1889, (that is, the part of such sum going to the territory) shall 
be equally divided between the States of North Dakota and South 
Dakota, and all taxes heretofore or hereafter paid into the said treas- 
ury under and by virtue of the act last mentioned, based on the gross 



South Dakota— 1889 3383 

earnings of the year 1888, shall be distributed as already provided 
by law, except that so much thereof as goes to the territorial treasury 
shall be divided as follows: North Dakota shall have so [much] 
thereof as shall be or has been paid by railroads within the limits of 
the proposed State of North Dakota and South Dakota so much 
thereof as shall be or has been paid by railroads within the limits of 
the proposed State of South Dakota. Each state shall be credited also 
with all balances of appropriations made by the seventeenth legisla- 
tive assembly of the Territory of Dakota for the account of public 
institutions, grounds or buildings situated within its limits, remain- 
ing unexpended on March 8, 1889. If there be any indebtedness 
except the indebtedness represented by the bonds and refunding war- 
rants hereinbefore mentioned, each state shall at the time of such 
final adjustments of accounts, assume its share of said indebtedness 
as determined by the amount paid on account of the public institu- 
tions, grounds or buildings of such state in excess of the receipts 
from counties, municipalities, railroad corporations or persons within 
the limits of said state as provided in this article; and if there should 
be a surplus at the time of such final adjustment, each state shall be 
entitled to the amounts received from counties, municipalities, rail- 
road corporations or persons within its limits over and above the 
amount charged to it. 

§ 7. And the State of South Dakota hereby obligates itself to pay 
such part of the debts and liabilities of the Territory of Dakota as 
is declared by the foregoing agreement to be its proportion thereof, 
the same as if such proportion had been originally created by said 
State of South Dakota as its own debt or liability. 

§ 8. The territorial treasurer is hereby authorized and empowered 
to issue refunding bonds to the amount of $107,000, bearing interest 
not to exceed the rate of four per cent per annum, for the purpose of 
refunding: the following described indebtedness of the Territory of 
Dakota, towit : 

Seventy-seven thousand five hundred dollars 5 per cent bonds, 
dated May 1. 1883, issued for the construction of the west wing of 
the insane hospital at Yankton, and $30,000 G per cent bonds, dated 
May 1, 1883, issued for permanent improvements [of the] Dakota 
penitentiary at Sioux Falls, such refunding bonds, if issued, to run 
for not more than twenty years, and shall be executed by the gov- 
ernor and treasurer of the territory, and shall be attested by the sec- 
retary under the great seal of the territory. 

In case such bonds are issued by the territorial treasurer as herein- 
before set forth, before the first day of October, 1880. then upon the 
admission of South Dakota as a state it shall assume and pay said 
bonds in lieu of the aforesaid territorial indebtedness- 

Article XIV 

STATE INSTITUTIONS 

§ 1. The charitable and penal institutions of the State of South 
Dakota shall consist of a penitentiary, insane hospital, a school for 
the deaf and dumb, a school for the blind and a reform school. 

§ 2. The state institutions provided for in the preceding section 
shall be under the control of a state board of charities and corrections, 



3384 South Dakota— 1889 

under such rules and restrictions as the legislature shall provide: 
such board to consist of not to exceed five members, to be appointed 
by the governor and confirmed by the senate, and whose compensa- 
tion shall be fixed by law. 

*§ 3. The state university, the agricultural college, the normal 
schools and all other educational institutions that may be sustained 
either wholly or in part by the state shall be under the control of a 
board of nine members, appointed by the governor and confirmed by 
the senate, to be designated the regents of education. They shall 
hold their office for six years, three retiring every second year. 

The regents in connection with the faculty of each institution shall 
fix the course of study in the same. 

The compensation of the regents shall be fixed by the legislature. 

§ 4. The regents shall appoint a board of five members for each 
institution under their control, to be designated the board of trustees. 
They shall hold office for five years, one member retiring annually. 
The trustees of each institution shall appoint the faculty of the same. 
and shall provide for the current management of the institution, but 
all appointments and removals must have the approval of the regents 
to be valid. The trustees of the several institutions shall receive no 
compensation for their services, but they shall be reimbursed for all 
expenses incurred in the discharge of their duties, upon presenting 
an itemized account of the same to the proper officer. Each board 
of ^ustees at its first meeting shall decide by lot the order in which 
its members shall retire from office. 

§ 5. The legislature shall provide that the science of mining and 
metallurgy be taught in at least one institution of learning under 
the patronage of the state. 

Article XV 

MILITIA 

§ 1. The militia of the State of South Dakota shall consist of all 
able-bodied male persons residing in the state, between the ages of 
eighteen and forty-five years, except such persons as now are, or 
hereafter may be, exempted by the laws of the United States or of 
this state. 

§ 2. The legislature shall provide by law for the enrollment, uni- 
forming, equipment and discipline of the militia, and the establish- 
ment of volunteer and such other organizations or both, as may be 
deemed necessary for the protection of the state, the preservation of 
order and the efficiency and good of the service. 

§ 3. The legislature in providing for the organization of the militia 
shall conform, as nearly as practicable, to the regulations for the 
government'of the armies of the United States. 

§ 4. All militia officers shall be commissioned by the governor and 
may hold their commissions for such period of time as the legislature 
may provide, subject to removal by the governor for cause, to be first 
ascertained by a court-martial pursuant to law. 

§ 5. The militia shall in [all] cases except treason, felony or breach 
of the peace be privileged from arrest during their attendance at 
muster and elections and in going to and returning from the same. 

* See amendment, 1S9G. 



South Dakota— 1889 3385 

§ 6. All military records, banners and relics of the state, except 
when in lawful use, shall be preserved in the office of the adjutant 
general as an enduring- memorial of the patriotism and valor of 
South Dakota ; and it shall be the duty of the legislature to provide 
by law for the safe keeping of the same. 

§ 7. No person having conscientious scruples against bearing arms 
shall be compelled to do military duty in time of peace. 

Article XVI 

IMPEACHMENT AND REMOVAL FROM OFFICE 

§ 1. The house of representatives shall have the sole power of 
impeachment. 

The concurrence of a majority of all members elected shall be 
necessary to an impeachment. 

§ 2. All impeachments shall be tried by the senate. When sitting 
for that purpose the senator shall be upon oath or affirmation to do 
justice acording to law and evidence. No person shall be convicted 
without the concurrence of two-thirds of the members elected. When 
the governor or lieutenant governor is on trial the presiding judge 
of the supreme court shall preside. 

§ 3. The governor and other state and judicial officers except 
county judges, justices of the peace and police magistrates shall be 
liable to impeachment for drunkenness, crimes, corrupt conduct, or 
malfeasance or misdemeanor in office, but judgment in such cases 
shall not extend further than to removal from office and disqualifica- 
tion to hold any office of trust or profit under the state. The person 
accused whether convicted or acquitted, shall nevertheless be liable 
to indictment, trial, judgment and punishment according to law. 

§ 4. All officers not liable to impeachment shall be subject to removal 
for misconduct or malfeasance or crime or misdemeanor in office or 
for drunkenness or gross incompetency, in such manner as may be 
provided by law. 

§ 5. No officer shall exercise the duties of his office after he shall 
have been impeached and before his acquittal. 

§ G. On trial of an impeachment against the governor the lieutenant 
governor shall not act as a member of the court. 

§ 7. No person shall be tried on impeachment before he shall have 
been served with a copy thereof at least twenty days previous to the 
day set for trial. 

§ 8. No person shall be liable to impeachment twice for the same 
offense. 

Article XVII 

CORPORATIONS 

§ 1. No corporation shall be created or have its charter extended, 
changed or amended by special laws except those for charitable, 
educational, penal or reformatory purposes, which are to be and re- 
main under the patronage and control of the state ; but the legislature 
shall provide by general laws for the organization of all corporations 
hereafter to be created. 

§ 2. All existing charters, or grants of special or exclusive privi- 
leges, under which a bona fide organization shall not have taken place 



3386 South Dakota— 1889 

and business been commenced in good faith at the time this consti- 
tution takes effect, shall thereafter have no validity. 

§ 3. The legislature shall not remit the forfeiture of the charter of 
any corporation now existing nor alter or amend the same nor pass 
any other general or special law for the benefit of such corporation, 
except upon the condition that such corporation shall thereafter hold 
Us charter subject to the provisions of this constituion. 

§ 4. The exercise of the right of eminent domain shall never be 
abridged or so construed as to prevent the legislature from taking the 
property and franchises of incorporated companies and subjecting 
them to public use, the same as the property of individuals, and the 
exercise of the police power of the state shall never be abridged^ or 
so construed as to permit corporations to conduct their business in 
such manner as to infringe the equal rights of individuals or the. 
general well being of the state. 

§ 5. In all elections for directors or managers of a corporation 
each member or shareholder may cast the whole number of his votes 
for one candidate, or distribute them upon two or more candidates 
as he may prefer. 

§ 6. No foreign corporation shall do any business in this state 
without having one or more known places of business and an author- 
ized agent or agents in the same upon whom process may be served. 

§ 7. No corporation shall engage in any business other than that 
expressly authorized in its charter, nor shall it take or hold any real 
estate except such as may be necessary and proper for its legitimate 
business. 

§ 8. No corporation shall issue stocks or bonds except for money, 
labor done, or money or property actually received ; and all fictitious 
increase of stock or indebtedness shall be void. The stock and 
indebtedness of corporations shall not be increased except in pursu- 
ance of general law nor without the consent of the persons holding 
the larger amount in value of the stock first obtained, at a meeting 
to be held after sixty days' notice given in pursuance of law. 

§ 9. The legislature shall have the power to alter, revise or annul 
any charter of any corporation now existing and revokable at the 
taking effect of this constitution, or any that may be created, when- 
ever in their opinion it may be injurious to the citizens of this state, 
in such a manner, however, that no injustice shall be done to the 
incorporators. No law hereafter enacted shall create, renew T or extend 
the charter of more than one corporation. 

§ 10. No law shall be passed by the legislature granting the right 
to construct and operate a street railroad within any city, town or 
incorporated village without requiring the consent of the local author- 
ities having the control of the street or highway proposed to be 
occupied by'said such street railroad. 

§ 11. Any association or corporation organized for the purpose, 
or any individual, shall have the right to construct and maintain 
lines of telegraph in this state, and to connect the same with other 
lines; and the legislature shall by general law of uniform opera- 
tion provide reasonable regulations to give full effect to this 
section. No telegraph company shall consolidate with or hold a 
controlling interest in the stock or bonds of any other telegraph com- 
pany owning a competing line or acquire by purchase or otherwise 
any other competing line of telegraph. 



South Dakota— 1889 3387 

§ 12. Every railroad corporation organized or doing business in 
this state under the laws or authority thereof shall have and main- 
tain a public office or place in this state for the transaction of its 
business, where transfers of its stocks shall be made and in which 
shall be kept for public inspection books in which shall be recorded 
the amount of capital stock subscribed, and by whom; the names of 
the owners of its stock, and the amount owned by them respectively : 
the amount of stock paid in, and by whom; the transfers of said 
stock; the amount of its assets and liabilities, and the names and 
place of residence of its officers. The directors of every railroad 
corporation shall annually make a report, under oath, to the auditor 
of public accounts or some officer or officers to be designated by law, 
of all their acts and doings, which report shall include such matters 
relating to railroads as may be prescribed by law, and the legislature 
shall pass laws enforcing by suitable penalties the provisions of this 
section. 

£ 13. The rolling stock and all other movable property belonging 
to any railroad company or corporation in this state shall be consid- 
ered personal property, and shall be liable to execution and sale in the 
same manner as the personal property of individuals, and the legis- 
lature shall pass no laws exempting such property from execution 
and sale. 

§ 14. Xo railroad corporation shall consolidate its stock, property 
or franchises with any other railroad corporation owning a parallel 
or competing line; and in no case shall any consolidation take place 
except upon public notice given out. at least sixty days to all stock- 
holders in such manner as may be provided by law. Any attempt 
to evade the provisions of this section, by any railroad corporation, by 
lease or otherwise, shall work a forfeiture of its charter. 

§ 15. Railways heretofore constructed or that may hereafter be 
constructed, in this state, are hereby declared public highways, and all 
railroads and transportation companies are declared to be common 
carriers and subject to legislative control: and the legislature shall 
have power to enact laws regulating and controlling the rates of 
charges for the transportation of passengers and freight as such com- 
mon carrier from one point to another in this state. 

§ 16. Any association or corporation organized for the purpose 
shall have the right to construct and operate a railroad between any 
points within this state, and to connect at the state line with railroads 
of other states. Every railroad company shall have the right with 
its road to intersect, connect with, or cross any other railroad, and 
shall receive and transport each the other's passengers, tonnage and 
cars, loaded or empty, without delay or discrimination. 

§ 17. The legislature shall pass laws to correct abuses and prevent 
discrimination and extortion in the rates of freight and passenger 
tariffs on the different railroads in this state, and enforce such laws 
by adequate penalties, to the extent, if necessary for that purpose, of 
forfeiture of their property and franchises. 

§ 18. Municipal and other corporations and individuals invested 
with the privilege ef taking private property for public use shall 
make just compensation for property taken, injured or destroyed, by 
the construction or enlargement of their works, highways or improve- 
ments, which compensation shall be paid or secured before such tak- 
ing, injury or destruction. The legislature is hereby prohibited 



3388 South Dakota— 1889 

from depriving any person of an appeal from any preliminary assess- 
ment of damages against any such corporation or individuals made 
by viewers or otherwise, and the amount of such damages in all cases 
of appeal shall, on the demand of either party, be determined by a 
jury as in other civil cases. 

§ 19. The term " corporations " as used in this article shall be con- 
strued to include all joint stock companies or associations having any 
of the powers or privileges of corporations not possessed by indi- 
viduals or partnerships.* 

Article XVIII 

BANKING AND CURRENCY 

§ 1. If a general banking law shall be enacted it shall provide for" 
the registry and countersigning by an officer of this State of all bills 
or paper credit designed to circulate as money, and require security 
to the full amount thereof, to be deposited with the state treasurer, 
in the approved securities of the state or of the United States, to be 
rated at ten per centum below their par value, and in case of their 
depreciation the deficiency shall be made good by depositing addi- 
tional securities. 

§ 2. Every bank, banking company or corporation shall be re- 
quired to cease all banking operation within twenty years from the 
time of its organization, and promptly thereafter close its business, 
but shall have" corporate capacity to sue or be sued until its business 
is fully closed, but the legislature may provide by general law for 
the reorganization of such banks. 

§ 3. The shareholders or stockholders of any banking corporation 
shall be held individually responsible and liable for all contracts, 
debts and engagements of such corporation to the extent of the 
amount of their stock therein, at the par value thereof, in addition 
to the amount invested in such shares or stock; and such individual 
liabilities shall continue for one year after any transfer or sale of 
stock by any stockholder or stockholders. 

Article XIX 

CONGRESSIONAL AND LEGISLATIVE APPORTIONMENT 

§ 1. Until otherwise provided by law, the members of the house of 
representatives of the United States, apportioned to this state, shall 
be elected by the state at large. 

§ 2. Until otherwise provided by law, the senatorial and represent- 
ative districts shall be formed, and the senators and representatives 
shall be apportioned, as follows : 

SENATORIAL DISTRICTS 

District No. 1 shall consist of the county of Union and be entitled 
to one senator. 

District No. 2 shall consist of the county of Clay, and be entitled to 
one senator. 

* For new section, 20, see amendment, 1896. 



South Dakota— 1889 3389 

District No. 3 shall consist of the county of Yankton, and be en- 
titled to one senator. 

District No. 4 shall consist of the county of Bon Homme, and be 
entitled to one senator. 

District Xo. 5 shall consist of the county of Lincoln, and be entitled 
to one senator. 

District Xo. shall consist of the county of Turner, and be entitled 
to one senator. 

District Xo. 7 shall consist of the county of Hutchinson, and be 
entitled to one senator. 

District Xo. 8 shall consist of the counties of Charles Mix and 
Douglas, and be entitled to one senator. 

District No. 9 shall consist of the county of Minnehaha, and be 
entitled to two senators. 

District Xo. 10 shall consist of the county of McCook, and be enti- 
tled to one senator. 

District Xo. 11 shall consist of the county of Hanson, and be enti- 
tled to one senator. 

District No. 12 shall consist of the county of Davison, and be en- 
titled to one senator. 

District Xo. 13 shall consist of the county of Aurora, and be entitled 
to one senator. 

District Xo. 14 shall consist of the county of Brule, and be entitled 
to one senator. 

District Xo. 15 shall consist of the county of Moody, and be entitled 
to one senator. 

District Xo. 16 shall consist of the county of Lake, and be entitled 
to one senator. 

District Xo. 17 shall consist of the county of Miner, and be entitled 
to one senator. 

District Xo. 18 shall consist of the county of Sanborn, and be en- 
titled to one senator. 

District No. 10 shall consist of the counties of Jerauld and Buffalo, 
and be entitled to one senator. 

District No. 20 shall consist of the county of Brookings, and be 
entitled to one senator. 

District Xo. -21 shall consist of the county of Kingsbury, and be en- 
titled to one senator. 

District No. 22 shall consist of the county of Beadle, and be entitled 
to one senator. 

District Xo. 23 shall consist of the county of Hand, and be entitled 
to one senator. 

District Xo. 24 shall consist of the counties of Hughes and Stanley, 
and be entitled to one senator. 

District No. 25 shall consist of the counties of Sully and Hyde, and 
be entitled to one senator. 

District No. 20 shall consist of the county of Deuel, and be entitled 
to one senator. 

District Xo. 27 shall consist of the county of Hamlin, and be en- 
titled to one senator. 

District Xo. 28 shall consist of the county of Coding-ton, and be en- 
titled to one senator. 

District No. 29 shall consist of the county of Clark, and be entitled 
to one senator. 



3390 South Dakota— 1889 

District No. 30 shall consist of the county of Spink, and be entitled 
to one senator. 

District No. 31 shall consist of the county of Grant, and be entitled 
to one senator. 

District No. 32 shall consist of the county of Day. and be entitled 
to one senator. 

District No. 33 shall consist of the county of Brown, and be entitled 
to two senators. 

District No. 34 shall consist of the counties of Marshall and 
Roberts, and be entitled to one senator. 

District No. ;> >-~> shall consist of the counties of Faulk and Potter, 
and be entitled to one senator. 

District No. 36 shall consist of the counties of Edmunds and Wal- 
worth, and be entitled to one senator. 

District No. 37 shall consist of the counties of McPherson and 
Campbell, and be entitled to one senator. 

District No. 38 shall consist of the county of Lawrence, and be 
entitled to one senator. 

District No. 39 shall consist of the county of Pennington, and be 
entitled to one senator. 

District No. 40 shall consist of the counties of Meade and Butte, 
and be entitled to one senator. 

District No. 41 shall consist of the counties of Custer and Fall 
River, and be entitled to one Senator. 

REPRESENTATIVE DISTRICTS 

District No. 1 shall consist of the county of Union, and be entitled 
to two representatives. 

Distinct No. 2 shall consist of the county of Clay, and be entitled to 
two representatives. 

District No. 3 shall consist of the county of Yankton, and be en- 
titled to three representatives. 

District No. 1 shall consist of the county of Lincoln and be entitled 
to two representatives. 

District No. 5 shall consist of the county of Turner, and be entitled 
to three representatives. 

District No. 6 shall consist of the county of Hutchinson, and be 
entitled to three representatives. 

District No. 7 shall consist of the county of Bon Homme, and be 
entitled to two representatives. 

District No. S shall consist of the county of Douglas, and be entitled 
to one representative. 

District No. 9 shall consist of the county of Charles Mix, and be 
entitled to one fepresentative. 

District No. 10 shall consist of the county of Minnehaha, and be 
entitled to five representatives. 

District No. 11 shall consist of the county of McCook, and be 
entitled to two representatives. 

District No. 12 shall consist of the county of Hanson, and be en- 
titled to one representative. 

District No. 13 shall consist of the county of Davison, and be en- 
titled to one representative. 



Smith Dakota— 1 889 339 1 

District Xo. 14 shall consist of the county of Sanborn, and be en- 
titled to one representative. 

District No. 15 shall consist of the county of Aurora, and be en- 
titled to one representative. 

District Xo. 16 shall consist of the counties of Jerauld and Buffalo, 
and be entitled to one representative. 

District Xo. 17 shall consist of the county of Lake, and be entitled 
to three representatives. 

District Xo. \S shall consist of the county of Miner, and be entitled 
to two representatives. 

District Xo. 19 shall consist of the county of Sanborn, and be en- 
titled to two representatives. 

District Xo. "20 shall consist of the county of Jerauld, and be en- 
titled to one representative. 

District Xo. 21 shall consist of the county of Buffalo, and be en- 
titled to one representative. 

District Xo. 22 >lial 1 consist of the county of Brookings, and be 
entitled to three representatives. 

District Xo. 23 shall consist of the county of Kingsbury, and be 
entitled to three representatives. 

District Xo. 21 shall consist of the county of Beadle, and be entitled 
to five representatives. 

District Xo. 25 shall consist of the county of Hand, and be entitled 
to three representative-. 

District Xo. 26 shall consist of the county of Hyde, and be entitled 
to one representative. 

District Xo. 27 shall consist of the county of Hughes, and be en- 
titled to one representative. 

District Xo. 28 shall consist of the county of Sully, and be entitled 
to one representative. 

District Xo. 29 shall consist of the county of Deuel, and be entitled 
to two representatives. 

District Xo. 30 shall consist of the county of Hamlin, and be en- 
titled to two representatives. 

District Xo. 31 shall consist of the county of Codington, and be 
entitled to three representatives. 

District Xo. 32 shall consist of the county of Clark, and be entitled 
to three representatives. 

District Xo. 33 shall consist of the county of Spink, and be entitled 
to five representatives. 

District Xo. 34 shall consist of the county of Faulk, and be entitled 
to two representatives. 

District Xo. 35 shall consist of the county of Potter, and be entitled 
to one representative. 

District Xo. 36 shall consist of the county of Grant, and be entitled 
to two representatives. 

District Xo. 37 shall consist of the county of Roberts, and be en- 
titled to one representative. 

District Xo. 38 shall consist of the county of Day. and be entitled to 
three representatives. 

District Xo. 39 shall consist of the county of Marshall and be en- 
titled to two representatives. 

District Xo. 40 shall consist of the county of Brown, and be entitled 
to eight representatives. 



3392 South Dakota— 1889 

District No. 41 shall consist of the county of Potter, and be entitled 
to one representative. 

District No. 42 shall consist of the county of Faulk, and be entitled 
to one representative. 

District No. 43 shall consist of the county of Custer, and be entitled 
to one representative. 

District No. 44 shall consist of the county of Fall River, and be 
entitled to one representative. 

District No. 45 shall consist of the county of Pennington, and be 
entitled to two representatives. 

District No. 46 shall consist of the county of Meade, and be entitled 
to one representative. 

District No. 47 shall consist of the county of Butte, and be entitled 
to one representative. 

District No. 48 shall consist of the county of Lawrence, and be enti- 
tled to three representatives. 

Article XX 

SEAT OF GOVERNMENT 

§ 1. The question of the location of the temporary seat of govern- 
ment shall be submitted to a vote of the electors of the proposed 
State of South Dakota, in the same manner and at the same election 
at which this constitution shall be submitted, and the place receiving 
the highest number of votes shall be the temporary seat of government 
until a permanent seat of government shall be established as herein- 
after provided. 

§ 2. The legislature, at its first session after the admission of this 
state, shall provide for the submission of the question of a place for 
a permanent seat of government to the qualified voters of the state 
at the next general election thereafter, and that place which receives 
a majority of all the votes cast upon that question shall be the per- 
manent seat of government. 

§ 3. Should no place voted for at said election have a majority of 
all votes cast upon this question, the governor shall issue his procla- 
mation for an election to be held in the same manner at the next gen- 
eral election to choose between the two places having received the 
highest number of votes cast at the first election on this question. 
This election shall be conducted in the same manner as the first elec- 
tion for the permanent seat of government, and the place receiving 
a majority of all the votes cast upon this question shall be the per- 
manent seat of government. 

Article XXI 

MISCELLANEOUS 

§ 1. Seal cmU coat of arms.'] The design of the great seal of 
South Dakota shall be as follows : A circle within which shall appear 
in the left foreground a smelting furnace and other features of min- 
ing work. In the left background a range of hills. In the right 
foreground a farmer at his plow. In the right background a herd 
of cattle and a field of corn. Between the two parts thus described 
shall appear a river bearing a steamboat. Properly divided between 
the upper and lower edges of the circle shall appear the legend 



South Dakota— 1889 3393 

" Under God the People Rule," which shall be the motto of the 
State of South Dakota. Exterior to this circle and within a circum- 
scribed circle shall appear, in the upper part, the words " State of 
South Dakota." In the lower part the words k ' Great Seal," and the 
date in Arabic numerals of the year in which the state shall be 
admitted to the Union. 

COMPENSATION OF PUBLIC OFFICERS 

§ 2. The governor shall receive an annual salary of two thousand 
five hundred dollars; the judges of the supreme court shall each 
recede an annual salary of two thousand five hundred dollars; the 
judges of. the circuit courts shall each receive an annual salary of 
two thousand dollars; Provided, that the legislature may, after the 
year one thousand eight hundred and ninety, increase the annual 
salary of the governor and each of the judges of the supreme court 
to three thousand dollars, and the annual salary of each of the circuit 
court judges to tAvo thousand five hundred dollars. 

The secretary of state, state treasurer and state auditor shall each 
receive an annual salary of one thousand eight hundred dollars; the 
commissioner of school and public lands shall receive an annual sal- 
ary of one thousand eight hundred dollars; the superintendent of 
public instruction shall receive an annual salary of one thousand 
eight hundred dollars; the attorney general shall receive an annual 
salary of one thousand dollars; the compensation of the lieutenant 
governor shall be double the compensation of a state senator. 

They shall receive no fees or perquisites whatever for the perform- 
ance of any duties connected with their offices. It shall not be com- 
petent for the legislature to increase the salaries of the officers named 
in this article except as herein provided. 

§ 3. Oath of office. Every person elected or appointed to any 
office in this state, except such inferior offices as may be by law 
exempted, shall, before entering upon the duties thereof, take an oath 
or affirmation to support the constitution of the United States and 
of this state, and faithfully to discharge the duties of his office. 

§ 4. Exemptions.] The right of the debtor to enjoy the comforts 
and necessaries of life shall be recognized by wholesome laws; 
exempting from forced sale a homestead, the value of which shall be 
limited and defined by law, to all heads of families, and a reasonable 
amount of personal property, the kind and value of which to be 
fixed by general law. 

§ 5. Bights of married women.'] The real and personal property 
of any women in this state acquired before marriage, and all property 
to which she may after marriage become in any manner rightfully 
entitled, shall be her separate property, and shall not be liable for the 
debts of her husband. 

Article XXII 

COMPACT WITH THE UNITED STATES 

The following articles shall be irrevocable without the consent of 
the United States and the people of the State of South Dakota 
expressed by their legislative assembly: 

First — That perfect toleration of religious sentiment shall be se- 
cured, and that no inhabitant of this state shall ever be molested in 



3394 South Dakota— 1889 

person or property on account of his or her mode of religious wor- 
ship. 

Second — That we, the people inhabiting the State of South Dakota, 
do agree and declare that we forever disclaim all right and title to 
the unappropriated public lands lying within the boundary of South 
Dakota, and to all lands lying within said limits owned or held, by 
any Indian or Indian tribes; and that until the title thereto shall 
have been extinguished by the United States, the same shall be and 
remain subject to the disposition of the United States; and said 
Indian lands shall remain under the absolute jurisdiction and con- 
trol of the Congress of the United States ; that the lands belonging to 
citizens of the United States residing without the said state shall 
never be taxed at a higher rate than the lands belonging to residents 
of this state; that no taxes shall be imposed by the State of South 
Dakota on lands or property therein belonging to or which may here- 
after be purchased by the United States, or reserved for its use. But 
nothing herein shall preclude the State of South Dakota from taxing 
as other lands are taxed any lands owned or held by any Indian who 
has severed his tribal relation and has obtained from the United 
States, or from any person, a title thereto by patent or other grant, 
save and except such lands as have been or may be granted to any 
Indian or Indians under any act of Congress containing a provision 
exempting the lands thus granted from taxation. All such lands 
which may have been exempted by any grant or law of the United 
States shall remain exempt to the extent and as prescribed by such 
act of Congress. 

Third — That the State of South Dakota shall assume and pay that 
portion of the debts and liabilities of the Territory of Dakota as pro- 
vided by this constitution. 

Fourth — That provision shall be made for the establishment and 
maintenance of systems of public schools, which shall be opened to 
all the children of this state, and free from sectarian control. 

Article XXIII 

AMENDMENTS AND REVISIONS OF THE CONSTITUTION 

§ 1. Any amendment or amendments to this constitution may be 
proposed in either house of the legislature, and if the same shall be 
agreed to by a majority of the members elected to each of the two 
houses, such proposed amendment or amendments shall be entered on 
their journals, with the yeas and nays taken thereon, and it shall be 
the duty of the legislature to submit such proposed amendment or 
amendments to the vote of the people at the next general election. 
And if the people shall approve and ratify such amendment or 
amendments by a majority of the electors voting thereon, such amend- 
ment or amendments shall become a part of this constitution; Pro- 
vided, that the amendment or amendments so proposed shall be pub- 
lished for a period of twelve weeks previous to the date of said elec- 
tion, in such manner as the legislature may provide; and Provided 
further, that if more than one amendment be submitted, they shall be 
submitted in such manner that the people may vote for or against 
such amendment separately. 



South Dakota— 1889 3395 

§ 2. Whenever two-thirds of the members elected to each branch 
of the legislature shall think it necessary to call a convention to revise 
this constitution they shall recommend to the electors to vote at the 
next election for members of the legislature, for or against a conven- 
tion; and if a majority of all the electors voting at said election shall 
have voted for a convention, the legislature shall, at their next ses- 
sion, provide by law for calling the same. The convention shall con- 
sist of as many members as the house of representatives of the legis- 
lature, and shall be chosen in the same manner, and shall meet within 
three months after their election for the purpose aforesaid. 

Article XXIV 

PROHIBITION 

[To be submitted to a separate vote as provided by the schedule and 
ordinance.] 

No person or corporation shall manufacture, or aid in the manufac- 
ture for sale, any intoxicating liquor; no person shall sell or keep for 
sale, as a beverage any intoxicating liquor. The legislature shall by 
law prescribe regulations for the enforcement of the provisions of this 
section and provide suitable and adequate penalties for the violation 
thereof. [Adopted October 1. 1889, by the following vote: For pro- 
hibition, 40,234 ; against prohibition, 34,510.] 

Article XXV 

MINORITY REPRESENTATION 

[To be submitted to a separate vote as provided by the schedule 
and ordinance.] 

§ 1. The house of representatives shall consist of three times the 
number of the members of the senate, and the term of office shall be 
two years. Three representatives shall be elected in each senatorial 
district at the first general election held after this constitution takes 
effect, and every two years thereafter. 

£ 2. In all elections of representatives aforesaid each qualified voter 
may cast as many votes for one candidate as there are representatives 
to be elected, or may distribute the same, or equal parts thereof, 
among the candidates as he may see fit; and the candidates highest 
in votes shall be declared elected. [Rejected October 1, 1889, by 
the following vote : For minority representation, 24,161 ; against 
minority representation. 40,200.] 

xVrticle XXVI 

SCHEDULE AND ORDINANCE 

§ 1. That no inconvenience may arise from the change of the ter- 
ritorial government to the permanent state government it is hereby 
declared that all writs, actions, prosecutions, claims and rights of 
individuals, and all bodies corporate, shall continue as if no change 
had taken place in this government; and all process which may be 



3396 South Dakota— 1889 

before the organization of the judicial department under this con- 
stitution issued under the authority of the Territory of Dakota, 
within the boundary of this stale, shall be as valid as if issued in the 
name of the State of South Dakota. 

§2. That all fines, penalties, forfeitures and escheats accruing to 
the Territory of Dakota, within the boundary of the State of South 
Dakota, shall accrue to the use of said state. 

§3. That all recognizances, bonds, obligations or other undertak- 
ings, heretofore taken, or which may be taken before the organization 
of the -judicial department under this constitution shall remain valid, 
and shall pass over to, and may be prosecuted in the name of the 
State of South Dakota: and all bonds, obligations or undertakings 
executed to this territory, within the boundaries of the State of South 
Dakota, or to any officer in his official capacity, shall pass over to the 
proper state authority, and to their successors in office, for the uses 
therein respectively expressed, and may be sued for and recovered 
accordingly. 

All criminal prosecutions and penal actions, which have arisen, or 
which may arise before the organization of the judicial department 
under this constitution, and which shall then be pending, may be 
prosecuted to judgment and executed in the name of the state. 

§4. All officers, civil and military, now holding their offices and 
appointments in this territory under the authority of the United 
States, or under the authority of the Territory of Dakota, shall con- 
tinue to hold and exercise their respective offices and appointments 
until superseded under this constitution; Provided, that the provi- 
sions of the above sections shall be subject to the provisions of the act 
of congress providing for the admission of the State of South Dakota, 
approved by the president of the United States on February 22, 1889. 

§5. This* constitution shall be submitted for adoption or rejection 
to a vote of the electors qualified by the laws of this territory to vote 
at all elections, at the election to be held on Tuesday, Oct. 1, 1889. 

At the said election the ballots shall be in the following form: 

For the constitution: Yes, No. 

For prohibition : Yes. No. 

For minority representation : Yes. No. 

As a heading to each of said ballots shall be printed on each ballot 
the following instructions to voters: 

All persons desiring to vote for the constitution, or for any of the 
articles submitted to a separate vote, must erase the word " No." 

All persons who desire to vote against the constitution, or against 
any article submitted separately, must erase the word " Yes." 

Any person may have printed or written on his ballot only the 
words "For the Constitution," or "Against the Constitution," and 
such ballots shall be counted for, or against the constitution accord- 
ingly. The same provision shall apply to articles submitted sepa- 
rately. 

In addition to the foregoing election for the constitution and for 
the article submitted by this convention for a separate vote thereon, 
an election shall be held at the same time and places, by the said 
qualified electors, for the following state officers, to be voted for on 
the same ballot as above provided for votes on the constitution and 
separate articles, towit: 



South Dakota-— 1889 3397 

A governor, lieutenant governor, secretary of state, auditor, treas- 
urer, attorney general, superintendent of public instruction, com- 
missioner of school and public lands, judges of the supreme, circuit 
and county courts, representatives in congress, state senators, and 
representatives in the legislature. 

All the elections above provided for shall be held in the same man- 
ner and form as provided for the election for the adoption or rejec- 
tion of the constitution. And the names of all the officers above 
specified to be voted for at such election shall be written or printed 
upon the same ballots as the vote for or against the constitution. 

The judges of election in counting the ballots voted at such election 
shall count all the affirmative ballots upon the constitution as votes 
for the constitution ; and they shall count all the negative ballots 
voted at said election upon the constitution as votes against the con- 
stitution; and ballots voted at said election upon which neither of said 
words " Yes " or tw No " following the words " For the Constitution " 
are erased, shall not be counted upon such proposition. And they 
shall count all affirmative ballots so voted upon the article on prohibi- 
tion, separately submitted, as votes for such article, and they shall 
count all negative ballots so voted upon such article, as votes against 
such article; and ballots upon which neither the words "Yes*" or 
" No " following the words " For Prohibition '* are erased, shall not be 
counted upon such proposition; and they shall count all the affirma- 
tive ballots so voted upon the article on minority representation, sepa- 
rately submitted, as votes for such article. And they shall count all 
negative ballots so voted upon such article as votes against such ar- 
ticle; and ballots upon which neither of said words " Yes " or " Xo " 
following the words " For Minority Representation " are erased, shall 
not be counted upon such proposition. 

If it shall appear in accordance with the returns hereinafter pro- 
vided for, that a majority of the votes polled at such election, for and 
against the constitution, are for the constitution, then this constitu- 
tion shall be the constitution of the State of South Dakota. If it 
shall appear, according to the returns hereinafter provided for, that 
a majority of all votes east at said election for and against " Prohibi- 
tion " are for prohibition, then said Article XXIY shall be and form 
a part of this constitution, and be in full force and effect as such from 
date of said election, but if a majority of said votes shall appear, ac- 
cording to said returns to be against prohibition, then Article XXIY 
shall be null and void and shall not be a part of this constitution. 
And if it appear, according to the returns hereinafter provided for. 
that a majority of all votes cast at said election for and, against 
" Minority Representation " are for minority representation, then 
Article XXY shall be and form a part of said constitution, and be in 
full force and effect as such from the date of said election; but if a 
majority of said votes shall appear, according to said returns, to be 
against minority representation, then said Article XXY shall be null 
and void and shall not be a part of this constitution. 

At such election the person voted for, for any one of the offices to be 
filled at such election, who shall receive the highest number of votes 
cast at said election, shall be declared elected to said office. 

§ 6. At the same time and places of election there shall be held 

7254— vol 6—09 14 



3398 South Dakota— 1889 

by said qualified electors an election for the place of 1 1 it* temporary 
scat of government. 

On each ballot, and on the same ballot on which arc the matters 
voted for or against, as hereinbefore provided, shall be written or 
printed the words "For Temporary Seat of Government," (Here 
insert the name of the city, town or place, to be voted for.) 

And upon the canvass and return of the vote, made as hereinafter 
provided for, the name of the city, town or place, which shall have 
received the largest number of votes for said temporary seat of 
government, shall he declared by the governor, chief justice and 
secretary of the Territory of Dakota, or by any two of them, at the 
same time that they shall canvass the vote i" 1 ' or against the constitu- 
tion, together with the whole number of votes cast for each city, 
town or place, and the officers above named, shall immediately after 
the result of said election shall have been ascertained, issue a procla- 
mation directing the Legislature elected at said election to assemble 
at said city, town or place so selected, on the day l\x^d by this schedule 
and ordinance. 

§7. The election provided for herein shall he under the provisions 
of the constitution herewith submitted, and shall lie conducted in all 
respects as elections are conducted under the general laws of the 
Territory of Dakota, except as herein provided. Xo mere technical- 
ities or informalities in the manner or form of election, or neglect 
of any officer to perform his duty with regard thereto, shall be deemed 
to vitiate or avoid the same, it being the true intent and object of this 
ordinance to ascertain and give effect to the true will of the people of 
the State of South Dakota, as expressed by their votes at the polls. 

§ S. Immediately after the election herein provided for, the judges 
of election at each voting place shall make a true and complete count 
of all the votes duly cast at such election, and shall certify and return 
the result of the same, with the names of all the candidates and the 
number of votes cast for each candidate, and the number of votes 
cast for and against the constitution, and the number of votes cast 
for and against prohibition, and the number of votes cast for and 
against minority representation, and the number of votes cast for 
each city, town or place for the " temporary seat of government," 
to the county clerk, or auditor of the respective counties, together 
with one of the poll lists and election books used in said election. 

§ 9. Within five days after said election the several boards of 
county canvassers provided by law for the canvassing of the results 
of the election, shall make and certify to the secretary of the Territory 
of Dakota the true and correct return of the total number of votes 
cast for the constitution, and against the constitution, of the number 
of votes cast for and against " prohibition," and the number of votes 
cast for and against minority representation," and the number of votes 
cast for each city, town or place as the " temporary seat of govern- 
ment," and of the number of votes cast for each person voted for at 
such election, except county officers and members of the legislature, 
and shall transmit the same to the secretary of the Territory of Da- 
kota, by mail, and shall file with the county clerk or auditor of each 
of said counties a duplicate and certified copy of said return. 

Said board of county canvassers shall issue certificates of election to 
the persons who shall have received the highest number of votes cast 



South Dakota— 1889 3399 

for the respective offices of judge of the county court and representa- 
tives in the legislature, and for state senator or senators. 

§ 10. When two or more counties are connected in one senatorial 
or representative district, it shall be the duty of the clerks and 
auditors of the respective counties to attend at the ollice of the county 
clerk of the senior county in the date of organization within twenty 
days after the date of election, and they shall compare the votes given 
in the several counties comprising such senatorial and representative 
district and such clerks or auditors shall immediately make out a 
certificate of election to the person having the highest number of 
votes in such district for state senator or representative or both; 
which certificate shall be delivered to the person entitled thereto on 
his application to the clerk of the senior county of such district. 

§ 11.. The secretary of the territory shall receive all returns of elec- 
tion transmitted to him as above provided, and shall preserve the 
same, and after they have been canvassed as hereinafter provided, 
and after the admission of the State of South Dakota into the Union, 
he shall deliver said returns to the proper state officer of said State 
of South Dakota. 

Within fifteen days after said election the secretary of the terri- 
tory, with the governor and chief justice thereof, or any two of them, 
shall canvass Mich returns and certify the same to the president of 
the United States, as provide;! in the enabling act. 

They shall also ascertain the total number of votes cast at such 
election for the constitution and against the constitution; the total 
number of votes cast for and against prohibition; and the total num- 
ber of votes cast for and against minority representation; and the 
total number of votes cast for each city, town, or place as the ki tem- 
porary seat of government:"' and the total number of votes cast for 
each person voted for. for any office at said election, excepting county 
judges and members of the legislature, and shall declare the result 
of said election in conformity with such vote, and the governor of the 
territory shall thereupon issue a proclamation at once thereof. 

They shall also make and transmit to the state legislature, imme- 
diately upon its organization, a list of all the state and judicial 
officers who shall thus be ascertained to be duly elected. 

The various county and district canvassing boards shall make and 
transmit to the secretary of the territory the names of all persons 
declared by them to be elected members of the senate and house of 
representatives of the state of South Dakota; he shall make sep- 
arate lists of the senators and representatives so elected, which lists 
shall constitute the rolls under which the senate and house of repre- 
sentatives shall be organized. 

The governor of the territory shall make and issue certificates of 
election to the persons who are shown by the canvass to have received 
the highest number of votes for governor, lieutenant governor, secre- 
tary of state, auditor, treasurer, attorney-general, superintendent of 
public instruction, commissioner of schools and public lands, and 
judges of the supreme and circuit courts. Such certificates to be 
attested by the secretary of the territory. 

§ 12. The apportionment made in this constitution shall govern 
the election^ above provided for for members of the state legislature, 
until otherwise provided by law. 



3400 South Dakota— 1889 

At the first election held under this ordinance for senators and 
representatives of the legislature, there shall be elected forty-five 
senators and one hundred and twenty-four representatives in the 
state legislature respectively. 

§ 13. The legislature elected under the provisions of this ordi- 
nance and constitution shall assemble at the temporary seat of gov- 
ernment on the third Tuesday in October, in the year A. I). 1889, at 
12 o'clock noon, and on the first day of their assemblage the governor 
and other state officers shall take the oath of office in the presence of 
the legislature. The oath of office shall be administered to the mem- 
bers of the legislature and to the state officers by the chief justice of 
the territory, or by any other officer duly authorized by the laws of 
the territory of Dakota to administer oaths. 

§ 14. Immediately after the organization of the legislature and 
taking the oath of office by the state officers, the legislature shall then 
and there proceed to the election of two senators of the United States, 
for the State of South Dakota, in the mode and manner provided by 
the laws of congress for the election of United States senators. And 
the governor and the secretary of the State of South Dakota shall 
certify the election of the sain! senators and two representatives in 
congress, in the manner required by law. 

§ 15. Immediately after the election of the United States senators 
as above provided for, said legislature shall adjourn to meet at the 
temporary seat of government on the first Tuesda}^ after the first 
Monday of January, 1890, at 12 o'clock m. ; Provided, however, that if 
the State of South Dakota has not been admitted by proclamation or 
otherwise at said date, then said legislature shall convene within ten 
days after the date of the admission of the state into the Union. 

§ 16. Nothing in this constitution or schedule contained shall be 
construed to authorize the legislature to exercise any powers except 
such as are necessary to its first organization, and to elect United 
States senators, and to adjourn as above provided. Xor to authorize 
an officer of the executive, administrative or judiciary departments to 
exercise any duties of his office until the State of South Dakota shall 
have been regularly admitted into the Union, excepting such as may 
be authorized by the congress of the United States. 

§ 17. The ordinances and schedules enacted by this convention shall 
be held to be valid for all the purposes thereof. 

§ 18. That we, the people of the State of South Dakota, do ordain : 

first — That perfect toleration of religious sentiment shall be se- 
cured, and that no inhabitant of this state shall ever be molested in 
person or property on account of his or her mode of religious worship. 

Second — That we, the people inhabiting the State of South Dakota, 
do agree and declare that we forever disclaim all right and title to 
the unappropriated public lands lying within the boundaries of South 
Dakota ; and to all lands tying within said limits owned or held by 
any Indian or fndian tribes, and that until the title thereto shall have 
been extinguished by the United States the same shall be and remain 
subject to the disposition of the United States, and said Indian lands 
shall remain under the absolute jurisdiction and control of the con- 
gress of the United States; that the lands belonging to citizens of 
the United States residing without the said state shall never be taxed 
at a higher rate than the lands belonging to residents of this state. 



South Dakota— 1889 3401 

That no taxes shall be imposed by the State of South Dakota on lands 
or property therein belonging to or which may hereafter be pur- 
chased by the United States, or reserved for its use. But nothing 
herein shall preclude the State of South Dakota from taxing as other 
lands are taxed, any lands owned or held by any Indian who has 
severed his tribal relation and has obtained from the United States 
or from any person a title thereto by patent or other grant, save and 
except such lands as have been or may be granted to any Indian or 
Indians under any act of Congress containing a provision exempting 
the lands thus granted from taxation; all such lands which may 
have been exempted by any grant or law of the United States shall 
remain exempt to the extent and as prescribed by such act of Con- 
gress. 

Third — That the State of South Dakota shall assume and pay that 
portion of the debts and liabilities of the Territory of Dakota as pro- 
vided in this constitution. 

Fourth — That provision shall be made for the establishment and 
maintenance of systems of public schools which shall be opened to all 
the children of this state and free from sectarian control. 

Fifth — That jurisdiction is ceded to the United States over the 
military reservations of Fort Mead. Fort Randall and Fort Sully. 
heretofore declared by the president of the United States; Provided, 
legal process, civil and criminal, of this state shall extend over such 
reservations in all eases of which exclusive jurisdiction is not vested 
in the United States, or of crimes not committed within the limits of 
such reservations. 

These ordinances shall be irrevocable without the consent of the 
United States, and also the people of the said State of South Dakota 
expressed by their legislative assembly. 

§ 19. The tenure of all officers, whose election is provided for in 
this schedule on the first day of October. A. D. 1889, shall be as 
follows : 

The governor, lieutenant governor, secretary of state, auditor, treas- 
urer, attorney general, superintendent of public instruction, commis- 
sioner of school and public lands, judges of county courts, shall hold 
their respective offices until the first Tuesday after the first Monday 
in January, A. I). 1891, at twelve o'clock, m., and until their succes- 
sors are elected and qualified. 

The judges of the supreme court and circuit courts shall hold their 
offices until the first Tuesday after the first Monday in January, A. D. 
1M>4. at twelve o'clock m., and until their successors are elected and 
qualified; subject to the provisions of Sec. 26 of Article V of the con- 
stitution. 

The terms of office of the members of the legislature elected at the 
first election held under the provisions of this constitution shall 
expire on the first Tuesday after the first Monday in January, one 
thousand eight hundred and ninety-one (1891.) 

§ 20. That the first general election under the provisions of this 
constitution shall be held on the first Tuesday after the first Monday 
in Xovember, 1890, and every two years thereafter. 



3402 South Dakota— 1889 

§21. The following form of ballot is adopted: 
Constitutional Ticket, 
instructions to voters. 

All persons desiring to vote for the constitution, or for 
any of the articles submitted to a separate vote, may erase 
the word " No." 

All persons who desire to vote against the constitution, 
or any articles separately submitted may erase the word 
" Yes." 

For the Constitution : Yes. No. 

For Prohibition: Yes. No. 

For Minority Representation : Yes. No. 

For as the temporary seat of government. 

For Governor. 
For Lieutenant Governor. 

For Secretary of State. 

For Auditor. 

For Treasurer. 

For Attorney General. 

For Superintendent of Public Instruction. 

For Commissioner of School and Public Lands. 

For Judges of the Supreme Court. 



First District-.,. 
Second District. 
Third District— 



For Judge of the Circuit Court Circuit. 

For Representatives in Congress. 

For State Senator. 

For Representative in the Legislature. 

For County Judge. 



§ 22. This constitution shall be enrolled and after adoption and 
signing by the Convention shall be delivered to Hon. A. J. Edgerton, 
the president of the constitutional convention, for safe keeping, and 
by him to be delivered to the secretary of state as soon as he assumes 
the duties of his office, and printed copies thereof shall be prefixed 
to the books containing the laws of the state, and all future editions 
thereof. 

The president of this convention shall also supervise the making 
of the copy that must be sent to the president of the United States ; 



South Dakota— 1889 3403 

said copy is to be certified by the president and chief clerk of this 
convention. 

§ 23. " The agreement made by the joint commission of the consti- 
tutional conventions of North and South Dakota concerning the 
records, books and archives of the Territory of Dakota is hereby 
ratified and confirmed, which agreement is in the words following: 
That is to say: " 

The following books, records and archives of the Territory of 
Dakota shall be the property of North Dakota, towit : 

All records, books and archives in the offices of the governor and 
secretary of the territory (except records of articles of incorporation 
of domestic corporations, returns of election of delegates to the con- 
stitutional convention of 1889, for South Dakota, returns of elections 
held under the so-called local option law in counties within the limits 
of South Dakota, bonds of notaries public appointed for counties 
within the limits of South Dakota, papers relating to the organiza- 
tion of counties situate within the limits of South Dakota, all of 
which records and archives are part of the records and archives of 
said secretary's office: excepting also census returns from counties 
situate within the limits of South Dakota and papers relating to 
requisitions issued upon the application of officers of counties situate 
within the limits of South Dakota, all of which are part of the records 
and archives of said governor's office.) 

And the following records, books and archives shall also be the 
property of the State of North Dakota, towit : 

Vouchers in the office or in the custody of the auditor of this terri- 
tory relating to expenditures on account of public institutions, 
grounds or buildings situate within the limits of North Dakota; one 
warrant register in the office of the treasurer of this territory, being 
a record of warrants issued under and by virtue of chapter twenty- 
four of the laws enacted by the eighteenth legislative assembly of 
Dakota territory; all letters, receipts and vouchers in the same office 
now filed by counties and pertaining to counties within the limits of 
North Dakota ; paid and canceled coupons in the same office repre- 
senting interest on bonds which said State of North Dakota is to 
assume and pay; reports of gross earnings of the year 1888 in the 
same office, made by corporations operating lines of railroad situated 
wholly or mainly within the limits of North Dakota: records and 
papers of the office of the public examiner of the second district of 
the territory; records and papers of the office of the second district 
board of agriculture; records and papers in the office of the board 
of pharmacy of the district of North Dakota. 

All records, books and archives of the Territory of Dakota which 
it is not herein agreed shall be the property of North Dakota, shall 
be the property of South Dakota. 

The following books shall be copied and the copies shall be the 
property of North Dakota, and the cost of such copies shall be borne 
equally by the said states of North Dakota and South Dakota. That 
is to say : 

Appropriation ledger for the years ending November, 1880 and 
1800 — one volume. 

The current warrant auditor"- register — one volume. 

Insurance record for 1880 — one volume. 

Treasurer's cash book " D.'' 



3404 South Dakota— 1889 

Assessment ledger " B." 

Dakota Territory bond register — one volume. 

Treasurer's current ledger — one volume. 

The originals of the foregoing volumes which are to be copied, 
shall at any time after such copying shall have been completed, be 
delivered on demand to the proper authorities of the State of South 
Dakota. 

All other records, books and archives which it is hereby agreed 
shall be the property of South Dakota shall remain at the capital 
of North Dakota until demanded by the legislature of the State of 
South Dakota, and until the State of North Dakota shall have had a 
reasonable time after such demand is made to provide copies or 
abstracts or such portions thereof as the said State of North Dakota 
may desire to have copies or abstracts of. 

The State of South Dakota may also provide copies or abstracts 
of such records, books and archives which is agreed shall be the prop- 
erty of North Dakota as said State of South Dakota shall desire to 
have copies or abstracts of. 

The expense of all copies or abstracts of records, books and archives 
which it is herein agreed may be made, shall be borne equally by said 
two states.* 

Alonzo J. Edgerton, 
President of the Constitutional Convention. 

Attest : 

F. A. Burdick, Chief Clerk. 

AMENDMENTS 
(November 8, lS98)o 

Art. III. Sec. 1. The legislative power shall be vested in a legis- 
lature which shall consist of a Senate and House of Representatives. 
Except that the people expressly reserve to themselves the right to 
propose measures, which measures the legislature shall enact and sub- 
mit to a vote of the electors of the state, and also the right to require 
that any laws which the legislature may have enacted shall be sub- 
mitted to a vote of the electors of he state before going into effect 
(except such laws as may be necessary for the immediate preservation 
of the public peace, health or safety, support of state government 
and the existing public institutions.) 

Provided, That not more than five per centum of the qualified 
electors of the state shall be required to invoke either the initiative 
or the referendum. 

This section shall not be construed so as to deprive the legislature 
or any member thereof of the right to propose any measure. The 
veto power of the executive shall not be exercised as to measures 
referred to a vote of the people. This section shall apply to munici- 
palities. The Enacting clause of all laws approved by vote of the 
electors of the state shall be: " Be it enacted by the people of South 
Dakota." The legislature shall make suitable provisions for carry- 
ing into effect the provisions of this section. 

* See amendment, 1900. 

« This seetioB'was submitted in its present form by the legislature in 1897 as 
an amendment to the Constitution; (Chap. 39, Laws of 1897.) It was adopted 
by the people at the general election held November 8, 1898. 



South Dakota— 1889 3405 

(November 4, 1902) 

Art. VIII. Sec. 11. The rate of interest upon all investments of 
the permanent school or other educational funds mentioned in Sec. 11 
of Art. VIII of the constitution of this state is hereby changed and 
reduced from six per centum per annum to five per centum per 
annum, wherever the said words " six per centum per annum " occur 
in said section. That if the foregoing amendment shall be approved 
and ratified by the people at said election, as provided by Article 
XXIII of the constitution, said Section 11 of Article VIII of the 
constitution shall be thereby amended by striking out the said words, 
" six per centum per annum " wherever they occur in said Section 11 
and substituting in lieu thereof the words " five per centum per 
annum." 

(November 8, 1904) 

Art. VIII. Sec. 2. The moneys of the permanent school and other 
educational funds shall be invested only in first mortgages upon 
good improved farm lands within this state, as hereinafter provided 
or in bonds of school corporations within this state, or in bonds of 
the United States or of the State of South Dakota, or of any organ- 
ized county, township or incorporated city in said state. The legis- 
lature shall provide by law the method of determining the amount 
of said funds, which shall be invested from time to time in such classes 
of securities respectively, taking care to secure continuous investments 
as far as possible. 

All moneys of said funds which may from time to time be desig- 
nated for investment in farm mortgages and in the bonds of school 
corporations, or in bonds or organized counties, townships or incor- 
porated cities within this state, shall for such purpose be divided 
among the organized counties of the state in proportion to population 
as nearly as provisions by law to secure continuous investment may 
permit. The several counties shall hold and manage the same as 
trust funds, and they shall be and remain responsible and accountable 
for the principal and interest of all such moneys received by them 
from the date of receipt until returned because not loaned ; and in 
case of loss of any money so apportioned to any county, such county 
shall make the same good out of its common revenue. Counties shall 
invest said money in bonds of school corporations, counties, town- 
ships or cities, or in first mortgages upon good improved farm lands 
within their limits respectively. The amount of each loan shall not 
exceed one-third of the actual value of the lands covered by the mort- 
gage given to secure the same, such value to be determined by the 
board of county commissioners of the county in which the land is 
situated, and in no case shall more than five thousand dollars ($5,000) 
be loaned to any one person, firm or corporation, and the rate of 
interest shall not be less than five per cent per annum, and shall be 
such other and higher rate as the legislature ma} 7 provide, and shall 
be payable semi-annually on the first day of January and July ; Pro- 
vided, that whenever there are moneys of said fund in any county 
amounting to one thousand dollars that cannot be loaned according 
to the provisions of this section, and any law pursuant thereto, the 
said sum may be returned to the state treasurer to be entrusted to 
some other county or counties, or otherwise invested under the provi- 
sions of this section. 



3406 South Dakota— 1889 

Each county shall semi-annually, on the first day of January and 
July, render an account of the condition of the funds intrusted to it 
to the auditor of state, and at the same time pay to or account to the 
state treasurer for the interest due on all funds intrusted to it. 

The legislature may provide by general law that counties may re- 
tain from interest collected in excess of five per centum per annum 
upon all said funds intrusted to them, not to exceed one per centum 
per annum. But no county shall be exempted from the obligation 
to make semi-annual payments to the state treasurer of interest at the 
rate provided by law for such loans, except only said one per centum, 
and in no case shall the interest, so to be paid, be less than five per 
centum per annum. 

The legislature shall provide by law for the safe investment of the 
permanent school and other educational funds and for the prompt 
collection of interest and income thereof, and to carry out the objects 
and provisions of this section. 

(1902) 

°Art. IX. Sec. 3. Whenever a majority of the legal voters of any 
organized county shall petition the county board to change the loca- 
tion of the county seat which has once been located by a majority vote, 
specifying the place to which it is to be changed, said county board 
shall submit the same to the people of said county at the next general 
election, and if the proposition to change the county seat be ratified 
by two-thirds of the votes cast at said election, then the county seat 
shall be changed, otherwise not. A proposition to change the location 
of the county seat of any organized county shall not again be sub- 
mitted before the expiration of four years. 

(1S0G) 

6 Art. XIII. Sec. 4. The debt of any county, city, town, school dis- 
trict, civil township, or other subdivision, shall never exceed (5) five 
per centum upon the assessed value of the taxable property therein. 
In estimating the amount of indebtedness which a municipality or 
subdivision may incur the amount of indebtedness prior to the adop- 
tion of this constitution-shall be included. 

Provided, That any county, municipal corporation, civil township, 
district or other subdivision, may incur an additional indebtedness 
not exceeding ten per centum upon the assessed value of the taxable 
property therein for the purpose of providing water for irrigation 
and domestic uses: Provided further. That no county, municipal cor- 
poration or civil township shall be included within any such district 
or subdivision without a majority vote in favor thereof of the electors 
of the county, municipal corporation or civil township, as the case 
may be, which is proposed to be included therein, and no such debt 

^Amended by popular vote of 36,436 for, to 14,612 against, at the general 
election held November 4. 1002. 

6 Submitted by the legislature in 1895, as an amendment to Section 4 of Article 
13, of the Constitution, and was adopted at the general election of 1896 by a 
vote of 28,490 for, and 14.789 against. 

That at the general election held on November 4, 1902, Section 4 ofir Article 13 
of the Constitution was amended by a popular vote of 32,810 for to 13,599 
against. 



South Dakota— 1889 3407 

shall ever be incurred for any of the purposes in this section pro- 
vided; unless authorized by a vote in favor thereof of a majority 
of the electors of such county, municipal corporation, civil township, 
district or subdivision incurring the same. 

(November 4, 1902) 

Art. XIII. Sec. 4. The debt of any county, city, town, school dis- 
trict, civil township or other subdivision, shall never exceed five (5) 
per centum upon the assessed valuation of the taxable property 
therein for the year preceding that in which said indebtedness is 
incurred. 

In estimating the amount of the indebtedness which a municipality 
or subdivision may incur, the amount of indebtedness contracted prior 
to the adoption of this constitution shall be included. 

Provided, That any county,, municipal corporation, civil town- 
ship, district or other subdivision may incur an additional indebted- 
ness not exceeding ten per centum upon the assessed valuation of the 
taxable property therein for the year preceding that in which said 
indebtedness is incurred for the purpose of providing water and 
sewerage for irrigation, domestic uses, sewerage and other purposes; 
and 

Provided, That in a city where the population is 8,000 or more, such 
city may incur an indebtedness not exceeding eight per centum upon 
the assessed valuation of the taxable property therein for the year 
next preceding that in which said indebtedness is incurred for the 
purpose of constructing street railways, electric lights or other light- 
ing plants. 

Provided further, That no county, municipal corporation, civil 
township, district or subdivision shall be included within such district 
or subdivision without a majority vote in favor thereof of the electors 
of the county, municipal corporation, civil township, district, or 
other subdivision as the case may be, which is purposed to be included 
therein, and no such debt shall ever be incurred for any of the pur- 
poses in this section provided, unless authorized by a vote in favor 
thereof by a majority of the electors of such county, municipal cor- 
poration, civil township, district or subdivision incurring the same. 

(1896) 

Art. XIV. Sec. 3. a The state university, the agricultural college, 
the normal schools and other educational institutions that may be 
sustained either wholly or in part by the state shall be under the con- 
trol of a board of five members appointed by the governor and con- 
firmed by the senate under such rules and restrictions as the legis- 
lature shall provide. The legislature may increase the number of 
members to nine. 

Art. XIV. Sec. 4.' j Stricken out, 1896, from original constitution. 



a Submitted as an amendment to Constitution, Article 14. § 3, by the legisla- 
ture in 1S9T), and at the general election in 1896, was adopted by the following 
vote: 31,061 for, and 11,690 against. 

& Stricken from the Constitution, by an amendment submitted by the legis- 
lature in 1895, and adopted by the popular vote at the general election in 1896: 
31,061 for, and 11,690 against. 



3408 South Dakota— 1889 

(1896) 

Art. XVII. Sec. 20. a Monopolies and trusts shall never be allowed 
in this state, and no incorporated company, co-partnership or asso- 
ciation of persons in this state shall directly or indirectly combine 
or make any contract with any incorporated company, foreign or 
domestic, through their stockholders, or the trustees or assigns of 
such stockholders, or with any co-partnership or association of per- 
sons, or in any manner whatever to fix the prices, limit the production 
or regulate the transportation of any product or commodity so as 
to prevent competition in such prices, production or transportation, 
or to establish excessive prices therefor. 

The legislature shall pass laws for the enforcement of this section 
by adequate penalties and in the case of incorporated companies, if 
necessary for that purpose, may, as a penalty, declare a forfeiture of 
their franchises. 

Art. XXIV. (Prohibition) adopted, 189G. 6 

Art. XV. (Minority representation) rejected, 1889.'' 

Art. XXVI. Obsolete, except sections 17 and 18. d 

Art. XXVII. (The control of, manufacture, and sale of liquor. ) e 

(1900) 
Art. XXVIII. ^ Sec. 1. The several counties of the state shall invest 
the money of the permanent school and endowment funds in bonds of 
school, corporation, state, county and municipal bonds, or in first 
mortgages upon good improved farm lands within their limits respec- 
tively ; under such regulations as the legislature may provide, but no 
farm loan shall exceed one thousand dollars to any one person or 
corporation. 

a Submitted as an amendment to the Constitution, by the legislature in 1895. 
and was adopted by a popular vote of the electors of the state at the general 
election in 1896, by the following vote, for 36,763, against 9,136. 

^Adopted at the time of the adoption of the Constitution, October 1st, 1889, it 
being voted upon separately, by the following vote: For, 40,234; against, 34,510. 
The legislature in 18!)5 submitted an amendment for the repeal jof this article 
(24), which was adopted by a popular vote of the electors at the general election 
in 1896. by a vote of 31,901 for, and 24.910 against. 

c Submited to a separate vote, at the time of the adoption of the Constitution, 
October 1st, 1889, and was rejected by a vote of 24,101 for, and 46,200 against. 

d As the provisions of this article (26), with the exception of Sections 17 and 
18 thereof, have become obsolete, or fully executed, they have been omitted from 
this compilation. 

©Article 27 of the constituion, providing that the manufacture and sale of 
liquor should be under exclusive state control, was submitted by the legislature 
in 1897, and adopted by a vote of the people at the general election in 189S, by 
a vote of 22,170 for, and 20,557 against. The legislature in 1899 submitted an 
amendment repealing Article 27, and at the general election held in 1900 the 
amendment was adopted by a vote of 48,673 for, and 33,927 against. 

f Proposed by the legislature in 1899 as an amendment to the Constitution 
and was at the generalaelection held in November, 1900, adopted by a popular 
vote of 49,989 for, and 15,653 against. 



TENNESSEE 



For organic acts issued previous to 1790 relating to the land now included 
within Tennessee see in this work : — 

Virginia Charter of 1009 (Virginia, p. 3790). 

Virginia Charter of 1012 (Virginia, p. 3802). 

Ordinances for Virginia 1021 (Virginia, p. 3810). 

Proprietary Charter of Carolina, 1663 (North Carolina, p. 2743). 

Proprietary Proposals, 1603 (North Carolina, p. 27.":; i. 

Proprietary Charter of Carolina, 1665 (North Carolina, p. 2756). 

Fundamental Constitutions of Carolina, 1009 (North Carolina, p. 2772). 

Constitution of North Carolina, 1770 (North Carolina, p. 2787). 



CESSION OF TENNESSEE TO THE "UNITED STATES— 1790 « 

[First Congress, Second Session] 

An Act to accept a cession of the claims of the State of North Carolina to a 
certain district of western territory 

A deed' of cession having been executed, and in the Senate offered 
for acceptance to the United States, of the claims of the State of 
North Carolina to a district of territory therein described; which 
deed is in the, words following, viz: 

" To all who shall see these presents: 

" We, the underwritten, Samuel Johnston and Benjamin Hawkins, 
Senators in the Congress of the United States of America, duly and 
constitutionally chosen by the legislature of the State of North Caro- 
lina, send greeting: 



a The State of Tennessee is within the limits of the territory granted by 
Queen Elizabeth to Sir Walter Raleigh, and of the subsequent land-grants made 
by Charles II to the lords proprietors of Carolina. As it became settled, it 
was recognized as a portion of North Carolina, but the pioneers, as early as 
1772. asserted the right of self-government, and the constitution of what was 
known as the " Watauga " government was the first written compact for civil 
rule anywhere west of the Alleghany Mountains. A few years afterward, 
North Carolina succeeded in exercising her rights of sovereignty, and in 1784 
she offered to cede her lands west of the mountains to the United States, but 
the offer was not accepted, and the offer was withdrawn. This led the pioneers 
to form, for their personal security, a government known as "the State of 
Frankland." There was an indisposition manifested, however, to rebel against 
North Carolina, and a "declaration of rights" and "constitution." which were 
submitted at a convention, [see Ramsey's Annals of Tennessee, pages 323-334,] 
were rejected, while the constitution of North Carolina, slightly modified, was 
adopted. The powers of an independent State government were exercised, how- 
ever, until North Carolina, by a conciliatory policy, resumed her jurisdiction, 
and then, February 2r>, 1790, ceded that portion of her territory west of the 
mountains to the United States. 

3409 



3410 Tennessee— 1790 

" Whereas the general assembly of the State of North Carolina, on 
the - — day of December, in the year of our Lord one thousand 
seven hundred and eighty-nine, passed an act entituled " An act for 
the purpose of ceding to the United States of America certain west- 
ern lands therein described," in the words following, to wit: 

" Whereas the United States, in Congress assembled, have" re- 
peatedly and earnestly recommended to the respective States in the 
Union, claiming or owning vacant western territory, to make ces- 
sions of part of the same, as a further means, as well of hastening the 
extinguishment of the debts as of establishing the harmony of the 
United States; and the inhabitants of the said western territory being 
also desirous thai such cessions should be made, in order to obtain a 
more ample protection than they have heretofore received: Now, this 
State being ever desirous of doing ample justice to the public cred- 
itors, as well as the establishing the harmony of the United States, 
and complying with the reasonable desires of her citizens, 

u Be it enacted by the general assembly of tin- state of North Caro- 
lina, and it is herein/ enacted by tin' authority of the same, That the 
Senators of this State in the Congress of the United States, or one 
of the Senators and any two of the Representatives of this State in 
the Congress of the United States, are hereby authorized, empow- 
ered, and required to execute a A,^vA or deeds on the part and behalf 
of this State, conveying to the United States of America all right, 
ritle, and claim which this State has to the sovereignty and territory 
of the lands situated within the chartered limits of this State west of 
a line beginning on the extreme height of the Stone Mountain, at the 
place where the Virginia line intersects it ; running thence along the 
extreme height of the said mountain to the place where Watauga 
River breaks through it ; thence a direct course to the top of the Yel- 
low Mountain, where Bright's road crosses the same; thence along 
the ridge of said mountain, between the waters of Doe River and the 
waters of Rock Creek, to the place where the road crosses the Iron 
Mountain ; from thence along the extreme height of said mountain 
to where Nolichucky River runs through the same; thence to the top 
of the Bald Mountains; thence along the extreme height of the said 
mountain to the Painted Rock, on French Broad River; thence along 
the highest ridge of the said mountain to the place where it is called 
the Great Iron or Smoaky Mountain; thence along the extreme height 
of the said mountain to the place where it is called Unicoy or Unaka 
Mountain, between the Indian towns of Cowee and Old Chota ; thence 
along the main ridge of the said mountain to the southern boundary 
of this State, upon the following express conditions, and subject 
thereto, that is to say : 

" First. That neither the lands nor inhabitants westward of the said 
mountains shall be estimated, after the cession made by virtue of this 
act shall be accepted in the ascertaining the proportion of this State 
with the United States in the common expense occasioned by the late 
war. 

" Secondly. That the lands laid off, or directed to be laid off, by any 
act or acts of the general assembly of this State for the officers and 
soldiers thereof, their heirs and assigns respectively, shall be and 
enure to the use and benefit of the said officers, their heirs and assigns 
respectively; and if the bounds of the said lands already prescribed 
for the officers and soldiers of the Continental Line of this State shall 



Tennessee— 1790 341 1 

not contain a sufficient quantity of lands fit for cultivation, to make 
good the several provisions intended by law, that such officer or sol- 
dier, or his assignee, who shall fall short of his allotment or propor- 
tion after all the lands fit for cultivation within the said bounds are 
appropriated, be permitted to take his quota, or such part thereof as 
may be deficient, in any other part of the said territory intended to 
be ceded by virtue of this act, not already appropriated. And where 
entries have been made agreeable to law, and titles under them not 
perfected by grant or otherwise, then, and in that case, the governor 
for the time being shall, and he is hereby, required to perfect, from 
time to time, such titles, in such manner as if this act had never been 
passed. And that all entries made by, or grants made to, all and 
every person or persons whatsoever, agreeable to law, and within the 
limits hereby intended to be ceded to the United States, shall have 
the same force and effect as if such cession had not been made; and 
that all and every right of occupancy and pre-emption, and every 
other right reserved by any act or acts to persons settled on and 
occupying lands within the limits of the lands hereby intended to 
be ceded as aforesaid, shall continue to be in full force, in the same 
manner as if the cession had not been made, and as conditions upon 
which the said lands are ceded to the United States. And further, 
it shall be understood that if any person or persons shall have, by 
virtue of the act entituled "An act for opening the land-office for the 
redemption of specie and other certificates, and discharging the 
arrears due to the Army." passed in the year one thousand seven hun- 
dred and eighty-three, made his or their entry in the office usually 
called John Armstrong's office, and located the same to any spot or 
piece of ground on which any other person or persons shall have 
previously located any entry or entries, that then, and in that case, 
the person or persons having made such entry or entries, or their 
assignee or assignees, shall have leave and be at full liberty to remove 
the location of such entry or entries to any lands on which no entry 
has been specially located, or on any vacant lands included within 
the limits of the lands hereby intended to be ceded: Provided, That 
nothing herein contained shall extend or be construed to extend to 
the making good any entry or entries, or any grant or grants hereto- 
fore declared void, by any act or acts of the general assembly of this 
State. 

" Thirdly, That all the lands intended to be ceded by virtue of this 
act to the United States of America, and not appropriated as lief ore 
mentioned, shall be considered as a common fund for the use and 
benefit of the United States of America, North Carolina inclusive, 
according to their respective and usual proportion in the general 
charge and expenditure, and shall be faithfully disposed of for that 
purpose, and for no other use or purpose whatever. 

" Fourthly, That the territory so ceded shall be laid out and formed 
into a State or States, containing a suitable extent of territory, the 
inhabitants of which shall enjoy all the privileges, benefits, and 
advantages set forth in the ordinance of the late Congress for the 
government of the western territory of the United States, that is to 
say, whenever the Congress of the United States shall cause to be 
officially transmitted to the executive authority of this State an 
authenticated copy of the act to be passed by the Congress of the 



3412 Tennessee— J 790 

United States, accepting the cession of territory made by virtue of 
this act, under the express conditions hereby specified; the said Con- 
gress shall at the same time assume the government of the said ceded 
territory, which they shall execute in a manner similar to that which 
they support in the territory west of the Ohio; shall protect the 
inhabitants against enemies, and shall never bar or deprive them of 
any privileges which the people in the territory west of the Ohio 
enjoy: Provided always, That no regulations made or to be made by 
Congress shall tend to emancipate slaves. 

" Fifthly. That the inhabitants of the said ceded territory shall be 
liable to pay such sums of money a> may. from taking their census, 
be their just proportion of the debt of the United States, and the 
arrears of the requisitions of Congress on this State. 

"Sixthly. That all persons indebted to this State, residing in the 
territory intended to be ceded by virtue of this act. shall be held and 
deemed liable to pay such debt or debts in the same manner and 
under the same penalty or penalties as if this act had never been 
passed. 

"Seventhly. That if the Congress of the United State- do not accept 
the cession hereby intended to be made, in due form, and give official 
notice thereof to the exeeiitive of this State within eighteen months 
from the passing of this act. then this act shall be of no force or effect 
whatsoever. 

" Eighthly. That the laws in force and use in the State of North 
Carolina at the time of passing this act shall be and continue in full 
force within the territory hereby ceded, until the same shall be 
repealed or otherwise altered by the legislative authority of the said 
territory. 

w * Ninthly. That the lands of non-resident proprietors within the 
said ceded territory shall not be taxed higher than the lands of 
residents. 

"Tenthly. That this act shall not prevent the people now residing 
south of French Broad, between the rivers Tennessee and Big Pigeon, 
from entering their pre-emptions in that tract, should an office be 
opened for that purpose, under an act of the present general assembly. 

And he it further enacted by the authority aforesaid, That the sov- 
ereignty and jurisdiction of this State, in and over the territory 
aforesaid, and all and every the inhabitants thereof, shall be and 
remain the same in all respects, until the Congress of the United 
States shall accept the cession to be made by virtue of this act, as if 
this act had never passed. 

" Read three times, and ratified in general assemblv, the day 

of December, A. D. 1789. 

" Chas. Johnson, Sp. Sen. 
; < S. Cabarrus, Sp. H. C" 

Now therefore know ye that we, Samuel Johnston and Benjamin 
Hawkins, Senators aforesaid, by virtue of the power and authority 
committed to us by the said act, and in the name, and for and on 
behalf of the said State, do, by these presents, convey, assign, transfer, 
and set over unto the United States of America, for the benefit of the 
said States, North Carolina inclusive, all right, title, and claim which 
the said State hath to the sovereignty and territory of the lands situ- 



Tennessee— 1790 3413 

ated within the chartered limits of the said State, as bounded and 
described in the above-recited act of the general assembly, to and for 
the uses and purposes and on the conditions mentioned in the said act. 
In witness whereof we have hereunto subscribed our names and 
affixed our seals, in the Semite chamber, at New York, this twenty- 
fifth day of February, in the year of our Lord one thousand seven 
hundred and ninety, and in the fourteenth year of the Independence 
of the United Stales of America. 

Sam. Johnston. [l. s. ] 

Benjamin Hawkins, [l. s.] 

Signed, sealed, and delivered in the presence of — 
Sam. A. Otis. 

Be it enacted by tJie Senate and lions, of Representatives of the 
United States of America in Congress assembled, That the said deed 
be, and the same is hereby, accepted. 

Approved, April 2, 1790. 



THE TERRITORY SOUTH OF THE OHIO— 1790 
[First Congress, Second Session] 

An Act for the government of the territory of the I nited States south of the 

river Ohio 

Be it cnarh, I by the Scale a ml House of Representatives of the 
United states of America in Congress assembled. That the territory 
of the United States south of the river Ohio, for the purposes of 
temporary government, shall be one district ; the inhabitants of which 
shall enjoy all the privileges, benefits, and advantages set forth in 
the ordinance of the late Congress for the government of the terri- 
tory of the United States northwest of the river Ohio. And the 
government of the said territory south of the Ohio shall be similar 
to that which is now exercised in the territory northwest of the Ohio; 
except so far as is otherwise provided in the conditions expressed in 
an act of Congress of the present session, entitled '"An act to accept 
a cession of the claims of the State of North Carolina to a certain 
district of western territory." 

Sec. 2. And be it further enacted, That the salaries of the officers 
which the President of the United States shall nominate and. with 
the advice and consent of the Senate, appoint, by virtue of this act, 
shall be the same as those by law established of similar officers in the 
government northwest of the river Ohio. And the powers, duties, 
and emoluments of a superintendent of Indian affairs for the southern 
department shall be united with those of the governor. 

Approved, May 26, 1790. 
7254— vol G— 09 15 



3414 Tennessee— 1796 

ACT ADMITTING THE STATE OF TENNESSEE— 1796 a 

[Fourth Congress, First Session] 
An Act for the admission of the State of Tennessee into the Union 

Whereas by the acceptance of the deed of cession of the State of 
North Carolina Congress are bound to lay out into one or more States 
the territory thereby ceded to the United States : 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the whole of 
the territory ceded to the United States by the State of North Caro- 
lina shall be one State, and the same is hereby declared to be one of 
the United States of America, on an equal footing with the original 
States in all respects whatever, by the name and title of the State of 
Tennessee. That until the next general census the said State of Ten- 
nessee shall be entitled to one Representative in the House of Repre- 
sentatives of the United States, and in all other respects, as far as 
they may be applicable, the laws of the United States shall extend to 
and have force in the State of Tennessee in the same manner as if that 
State had originally been one of the United States. 

Approved, June 1, 1796. 

THE CONSTITUTION OF TENNESSEE— 1796 * 6 

We, the people of the territory of the United States south of the 
river Ohio, having the right of admission into the General Govern- 
ment as a member State thereof, consistent with the Constitution of 
the United States and the act of cession of the State of North Caro- 
lina, recognizing the ordinance for the government of the territory of 
the United States northwest of the river Ohio, do ordain and establish 
the following constitution or form of government, and do mutually 
agree with each other to form ourselves into a free and independent 
State by the name of the State of Tennessee. 

Article I 

Section 1. The legislative authority of this State shall be vested in 
a general assembly, which shall consist of a senate and house of repre- 
sentatives, both dependent on the people. 

Sec. 2. Within three years after the first meeting of the general 
assembly, and within every subsequent term of seven years, an 
enumeration of the taxable inhabitants shall be made in such manner 
as shall be directed by law; the number of representatives shall, at 
the several periods^f making such enumeration, be fixed by the legis- 

* Journal of the Proceedings of a Convention begun and held at Knoxville, 
January 11, 1796. Knoxville: Printed by George Roulstone, 1796; Nashville: 
Reprinted by McKennie & Brown, True Whig Office, 1852. pp.. 32. 

a See also the act of May 8, 1792, changing slightly the duties of officers and 
courts, and the act of January HI, 1797. to give effect to the laws of the United 
States in Tennessee. 

6 This constitution was framed by a convention which assembled at Knoxville 
January 11, 17!)(i, and completed its labors February 6, 1796. It was not sub- 
mitted to the people for ratification. 



Tennessee— 1796 3415 

lature, and apportioned among the several counties according to the 
number of taxable inhabitants in each, and shall never be less than 
twenty-two nor greater than twenty-six until the number of taxable 
inhabitants shall be forty thousand, and after that event at such ratio 
that the whole number of representatives shall never exceed forty. 

Sec. 3. The number of senators shall, at the several periods of mak- 
ing the enumeration before mentioned, be fixed by the legislature and 
apportioned among the districts formed as hereinafter directed, ac- 
cording to the number of taxable inhabitants in each, and shall never 
be less than one-third nor more than one-half of the number of repre- 
sentatives. 

Sec. 4. The senators shall be chosen by districts, to be formed by 
the legislature, each district containing such a number of taxable 
inhabitants as shall be entitled to elect not more than three senators. 
When a district shall be composed of two or more counties they shall 
be adjoining, and no county shall be divided in forming a district. 

Sec. 5. The first election for senators and representatives shall com- 
mence on the second Thursday of March next, and shall continue for 
that and the succeeding day, and the next election shall commence on 
the first Thursday of August, one thousand seven hundred and ninety- 
seven, and shall continue on that and the succeeding day; and forever 
after elections shall be held once in two years, commencing on the first 
Thursday in August and terminating the succeeding day. 

Sec. 6. The first session of the general assembly shall commence on 
the last Monday of March next; the second on the third Monday of 
September, one thousand seven hundred and ninety-seven ; and for- 
ever after the general assembly shall meet on the third Monday of 
September next ensuing the then election, and at no other period, 
unless as provided for by this constitution. 

Sec. 7. That no person shall be eligible to a seat in the general 
assembly unless he shall have resided three years in the State and one 
year in the county immediately preceding the election, and shall pos- 
sess in his own right in the county which he represents not less than 
two hundred acres of land, and shall have attained to the age of 
twenty-one years. 

Sec. 8. The senate and house of representatives, Avhen assembled, 
shall each choose a speaker and its other officers, be judges of the 
qualifications and elections of its members, and sit upon its own 
adjournments from day to day. Two-thirds of each house shall con- 
stitute a quorum to do business, but a smaller number may adjourn 
from day to day, and may be authorized by law to compel the attend- 
ance of absent members. 

Sec. 9. Each house may determine the rules of its proceedings, pun- 
ish its members for disorderly behavior, and, with the concurrence of 
two-thirds expel a member, but not a second time for the same offence, 
end shall have all other powers necessarv for the legislature of a free 
State. 

Sec. 10. Senators and representatives shall, in all cases, except trea- 
son, felony, or breach of the peace, be privileged from arrest during 
the session of the general assembly, and in going to and returning 
from the same; and for any speech or debate in either house, they 
shall not be questioned in any other place. 

Sec. 11. Each house may punish, by imprisonment, during their 
session, any person, not a member, who shall be guilty of disrespect to 



3416 Tennessee—1 7 96 

the house, by any disorderly or contemptuous behavior in their pres- 
ence. 

Sec 12. When vacancies happen in either house, the governor, for 
the time being, shall issue writs of election to fill such vacancies. 

Sec. 13. Neither house shall, during their session, adjourn without 
consent of the other, for more than three days, nor to any other place 
than that in which the two houses shall be sitting. 

Sec. 14. Bills may originate in either house, but may be amended, 
altered, or rejected by the other. 

Sec. 15. Every bill shall be read three times, on three different days, 
in each house, and be signed by the respective speakers, before it 
becomes a law. 

Sec. 1G. After a bill has been rejected, no bill containing the same 
substance shall be passed into a law during the same session. 

Sec 17. The style of the laws of this State shall be, "Z?e it enacted 
by the general assembly of the State of Tennessee.'''' 

Sec 18. Each house shall keep a journal of its proceedings, and 
publish them, except such parts as the welfare of the State may re- 
quire to be kept secret. And the yeas and nays of the members on 
any question shall, at the request of any two of them, be entered on 
the journals. 

Sec ID. The doors of each house, and committees of the whole, 
shall be kept open, unless when the business shall be such as ought 
to be kept secret. 

Sec 20. The legislature of this State shall not allow the following 
officers of government greater annual salaries than as follows, until 
the year one thousand eight hundred and four, to wit: 

The governor not more than seven hundred and fifty dollars. 

The judges of the superior courts not more than six hundred dollars 
each. 

The secretary not more than four hundred dollars. 

The treasurer or treasurers not more than 4 per cent, for receiving 
and paying out all moneys. 

The attorney or attorneys for the State shall receive a compensation 
for their services, not exceeding fifty dollars for each superior court 
which he shall attend. 

No member of the legislature shall receive more than one dollar 
and seventy-five cents per day, nor more for every twenty-five miles 
he shall travel in going to and returning from the general assembly. 

Sec 21. No money shall be drawn from the treasury but in conse- 
quence of appropriations made by law. 

Sec 22. No person who heretofore hath been, or hereafter may be, a 
collector or holder of public moneys shall have a seat in either house 
of the general assembly, until such person shall have accounted for, 
and paid into the treasury, all sums for which he may be accountable 
or liable. 

Sec 23. No judge of any court of law or equity, secretary of state, 
attorney-general, register, clerk of any court of record, or person 
holding any office under the authority of the United States shall have 
a seat in the general assembly: nor shall any person in this State hold 
more than one lucrative office at one and the same time: Provided, 
That no appointment in the militia, or to the office of a justice of the 
peace, shall be considered a lucrative office. 



Tennessee— 1796 3417 

Sec. 24. No member of the general assembly shall be eligible to any 
office or place of trust, except to the office of a justice of the peace, 
or trustee of any literary institution, where the power of appointment 
to such office or place of trust is vested in their own body. 

Sec. 25. Any member of either house of the general assembly shall 
have liberty to dissent from and protest against any act or resolve 
which he may think injurious to the public, or any individual, and 
have the reasons of his dissent entered on the journals. 

Sec. 26. All lands liable to taxation in this State, held by deed, 
grant, or entry, shall be taxed equal and uniform, in such manner 
that no one hundred acres shall be taxed higher than another, except 
town-lots, which shall not be taxed higher than two hundred acres 
of land each; no freeman shall be taxed higher than one hundred 
acres, and no slave higher than two hundred acres on each poll. 

Sec. 27. No article manufactured of the produce of this State shall 
be taxed otherwise than to pay inspection fees. 

Article II 

Section 1. The supreme executive power of this State shall be 
vested in a governor. 

Sec. 2. The governor shall bo chosen by the electors of the members 
of the general assembly, at the times and places where they shall 
respectively vote for the member- thereof. The returns of every 
election for governor shall be sealed up, and transmitted to the seat 
of government by the returning officers, directed to the speaker of 
the senate, who shall open and publish them in the presence of a 
majority of the members of each house of the general assembly. The 
person having the highest number of votes shall be governor; but if 
two or more shall be equal and highest in votes, one of them shall 
be chosen governor by joint ballot of both houses of the general assem- 
bly. Contested elections for governor shall be determined by both 
houses of the general assembly, in such manner as shall be prescribed 
by law. 

Sec. 3. He shall be at least twenty-five years of age. and possess a 
freehold estate of five hundred acres of land, and have been a citizen 
or inhabitant of this State four years next before his election, unless 
he shall have been absent on the public business of the United States 
or of this State. 

Sec. 4. The first governor shall hold his office until the fourth 
Tuesday of September, one thousand seven hundred and ninety-seven, 
and until another governor shall be elected and qualified to office; and 
forever after the governor shall hold his office for the term of two 
years, and until another governor shall be elected and qualified: but 
shall not be eligible more than six years in any term of eight. 

Sec. 5. He shall be commander-in-chief of the army and navy of 
this State, and of the militia, except when they shall be called into 
the service of the United States. 

Sec. 6. He shall have power to grant reprieves and pardons, after 
conviction, except in cases of impeachment. 

Sec. 7. He shall, at stated times, receive a compensation for his 
services, which shall not be increased or diminished during the period 
for which he shall have been elected. 

Sec. 8. He may require information, in writing, from the officers in 



3418 Tennessee— 1 796 

the executive department, upon any subject relating to the duties of 
their respective offices. 

Sec. i). He may, on extraordinary occasions, convene the general 
assembly by proclamation, and shall state to them, when assembled, 
the purpose for which they shall have been convened. 

Sec. 10. He shall take care that the laws shall be faithfully exe- 
cuted. 

Sec. 11. He shall, from time to time, give to the general assembly 
information of the state of the government, and recommend to their 
consideration such measures as he shall judge expedient. 

Sec. 12. In case of his death, or resignation, or removal from office^ 
the speaker of the senate shall exercise the office of governor until 
another governor shall be duly qualified. 

Sec. 13. No member of Congress or person holding any office under 
the United States, or this State, shall execute the office of governor. 

Sec. 14. "When any officer, the right of whose appointment is by 
this constitution vested in the general assembly, shall, during the 
recess, die, or his office by other means become vacant, the governor 
shall have power to fill up such vacancy by granting a temporary 
commission, which shall expire at the end of the next session of the 
legislature. 

Sec. 15. There shall be a seal of this State, which shall be kept by 
the governor, and used by him officially, and shall be called " The 
Great Seal of the State of Tennessee." 

Sec. 16. All grants and commissions shall be in the name and by 
the authority of the State of Tennessee, be sealed with the State seal, 
and signed by the governor. 

Sec. 17. A secretary of this State shall be appointed and commis- 
sioned during the term of four years. He shall keep a fair register 
of all the official acts and proceedings of the governor; and shall, 
when required, lay the same, and all papers, minutes, and vouchers 
relative thereto, before the general assembly, and shall perform such 
other duties as shall be enjoined him by law. 

Article III 

Section 1. Every freeman of the age of twenty-one years and up- 
wards, possessing a freehold in the county wherein he may vote, and 
being an inhabitant of this State, and every freeman, being an inhab- 
itant of any one county in the State six months immediately preced- 
ing the day of election, shall be entitled to vote for members of the 
general assembly, for the county in which he shall reside. 

Sec. 2. Electors shall in all cases, except treason, felony, or breach 
of the peace, be privileged from arrest during their attendance at elec- 
tions, and in going to and returning from them. 

Sec. 3. All elections, shall be by ballot. 

Article IV 

Section 1. The house of representatives shall have the sole power 
of impeachment. 

Sec. 2. All impeachments shall be tried by the senate. When sit- 
ting for that purpose, the senators shall be upon oath or affirmation. 

Sec. 3. No person shall be convicted, without the concurrence of 
two-thirds of the members of the whole house. 



Tennessee— 1 796 3419 

Sec. 1. The governor, and all civil officers under this State, shall be 
liable to impeachment for any misdemeanor in office; but judgment, 
in such cases, shall not extend further than to removal from office, and 
disqualification to hold any office of honor, trust, or profit under this 
State. The party shall, nevertheless, in all cases be liable to indict- 
ment, trial, judgment, and punishment, according to law. 

Article V 

Section 1. The judicial power of the State shall be vested in such 
superior and inferior courts of law and equity as the legislature shall, 
from time to time, direct and establish. 

Sec. 2. The general assembly shall, by joint ballot of both houses, 
appoint judges of the several courts of law and equity, also an attor- 
ney or attorneys for the State, who shall hold their respective offices 
during good behavior. 

Sec 3. The judges of the superior court shall, at stated times, re- 
ceive a compensation for their services, to be ascertained by law; but 
shall not be allowed any fees or perquisites of office, nor shall they 
hold any other office of trust or profit under this State or the United 
States. 

Sec. 4. The judges of the superior courts shall be justices of oyer 
and terminer and general jail-delivery throughout the State. 

Sec. 5. The judges of the superior and inferior courts shall not 
charge juries with respect to matters of fact, but may state the testi- 
mony and declare the law. 

Sec. 6. .The judges of the superior courts shall have power, in all 
civil cases, to issue writs of certiorari, to remove any cause, or a tran- 
script thereof, from any inferior court of record into the superior, on 
sufficient cause, supported by oath or affirmation. 

Sec. 7. The judges or justices of the inferior courts of law shall 
have power, in all civil cases, to issue writs of certiorari, to remove 
any cause, or a transcript thereof, from any inferior jurisdiction into 
their court, on sufficient cause, supported by oath or affirmation. 

Sec. 8. No judge shall sit on the trial of any cause where the parties 
shall be connected with him by affinity or consanguinity, except by 
consent of parties. In case all the judges of the superior court shall 
be interested in the event of any cause, or related to all or either of 
the parties, the governor of the State shall in such case specially com- 
mission three men of law knowledge for the determination thereof. 

Sec 9. All writs and other process shall run in the name of the 
State of Tennessee, and bear test and be signed by the respective 
clerks. Indictments shall conclude, " against the peace and dignity 
of the State." 

Sec 10. Each court shall appoint its own clerk, who may hold his 
office during good behavior. 

Sec 11. No fine shall be laid on any citizen of this State that shall 
exceed fifty dollars, unless it shall be assessed by a jury of his peers, 
who shall assess the fine at the time they find the fact, if they think 
the fine ought to be more than fifty dollars. 

Sec 12. There shall be justices of the peace appointed for each 
county, not exceeding two for each captain's company, except for the 
company which includes the county town, which shall not exceed 
three, who shall hold their offices during good behavior. 



3420 Tennessee— 1 796 

Article VI 

Section 1. There shall be appointed in each county, by the county 
court, one sheriff, one coroner, one trustee, and a sufficient number of 
constables, who shall hold their offices for two years. They shall 
also have power to appoint one register and ranger for the county, 
who shall hold their offices during good behavior. The sheriff and 
coroner shall be commissioned by the governor. 

Sec. 2. There shall be a treasurer or treasurers appointed for the 
State, who shall hold his or their offices for two years. 

Sec. 3. The appointment of all officers, not otherwise directed by 
this constitution, shall be vested in the legislature. 

Article VII 

Section 1. Captains, subalterns, and non-commissioned officers 
shall be elected by those citizens, in their respective districts, who are 
subject to military duty. 

Sec. 2. All field-officers of the militia shall be elected by those citi- 
zens in their respective counties who are subject to military duty. 

Sec. 3. Brigadiers-general shall be elected by the field-officers of 
their respective brigades. 

Sec. 4. Majors-general shall be elected by the brigadiers and field- 
officers of the respective divisions. 

Sec. 5. The governor shall appoint the adjutant-general; the 
majors-general shall appoint their aids; the brigadiers-general shall 
appoint their brigade-majors, and the commanding officers of regi- 
ments their adjutants and quartermasters. 

Sec. 6. The captains and the subalterns of the cavalry shall be 
appointed by the troops enrolled in their respective companies, and 
the field-officers of the district shall be appointed by the said captains 
and subalterns: Provided, That, whenever any new county is laid off, 
that the field-officers of the said cavalry shall appoint the captain and 
other officers therein pro tempore, until the company is filled up and 
completed, at which time the election of the captains and subalterns 
shall take place as aforesaid. 

Sec. 7. The legislature shall pass laws exempting citizens, belong- 
ing to any sect or denomination of religion the tenets of which are 
known to be opposed to the bearing of arms, from attending private 
and general musters. 

Article VIII 

Section 1. Whereas the ministers of the gospel are, by their pro- 
fessions, dedicated to God and the care of souls, and ought not to be 
diverted from the great duties of their functions; therefore no min- 
ister of the gospel, or priest of any denomination whatever, shall be 
eligible to a seat in either house of the legislature. 

Sec. 2. No person j^ho denies the being of God, or a future state of 
rewards and punishments, shall hold anyoffice in the civil department 
of this State. 

Article IX 

Section 1. That every person who shall be chosen or appointed to 
any office of trust or profit shall, before entering on the execution 
thereof, take an oath to support the constitution of this State, and 
also an oath of office. 



Tennessee— 1796 3421 

Sec 2. That each member of the senate and house of representa- 
tives shall, before they proceed to business, take an oath or affirma- 
tion to support the constitution of this State, and also the following 
oath : 

"J, A. B., do solemnly swear [or affirm] that, as a member of this 
general assembly, I will in all appointments vote without favor, affec- 
tion, partiality, or prejudice, and that I will not propose or assent to 
any bill, vote, or resolution which shall appear to me injurious to the 
people, or consent to any act or thing whatever that shall have a 
tendency to lessen or abridge their rights and privileges, as declared 
by the constitution of this State." 

Sec. 3. Any elector who shall receive any gift or reward for his 
vote, in meat, drink, money, or otherwise, shall suffer such punish- 
ment as the laws shall direct. And any person who shall directly or 
indirectly give, promise, or bestow any such reward to be elected, shall 
thereby be rendered incapable, for two years, to serve in the office for 
which he was elected, and be subject to such further punishment as 
the legislature shall direct. 

Sec. 4. Xo new count}' shall be established by the general assembly 
which shall reduce the county or counties, or either of them, from 
which it shall be taken to a less content than six hundred and twenty- 
five square miles; nor shall any new county be laid off of less con- 
tents. All new counties, as to the right of suffrage and representa- 
tion, shall be considered as a part of the county or counties from 
which it was taken, until entitled by numbers to the right of repre- 
sentation. Xo bill shall be passed into a law for the establishment of 
a new county except upon a petition to the general assembly for that 
purpose, signed by two hundred of the free male inhabitants within 
the limits or bounds of such new county prayed to be laid off. 

Article X 

Section 1. Knoxville shall be the seat of government until the year 
one thousand eight hundred and two. 

Sec 2. All laws and ordinances now in force and use in this Terri- 
tory, not inconsistent with this constitution, shall continue to be in 
force and use in this State, until they shall expire, be altered, or 
repealed by the legislature. 

Sec. 3. That whenever two-thirds' of the general assembly shall 
think it necessary to amend or change this constitution, they shall 
recommend to the electors, at the next election for members to the 
general assembly, to vote for or against a convention; and if it shall 
appear that a majority of all the citizens of the State, voting for 
representatives, have voted for a convention, the general assembly 
shall, at their next session, call a convention, to consist of as many 
members as there be in the general assembly, to be chosen in the same 
manner, at the same place, and by the same electors that chose the 
general assembly, who shall meet within three months after the said 
election, for the purpose of revising, amending, or changing the 
constitution. 

Sec 4. The declaration of rights hereto annexed is declared to be a 
part of the constitution of this State, and shall never be violated on 
any pretence whatever. And to guard against transgressions of the 
high powers which we have delegated, we declare that everything in 



3422 Tennessee— 1796 

the bill of rights contained, and every other right not hereby dele- 
gated, is excepted out of the general powers of government, and shall 
forever remain inviolate. 

Article XI 

DECLARATION OF RIGHTS 

Section 1. That all power is inherent in the people, and all free 
governments are founded on their authority, and instituted for their 
peace, safety, and happiness; for the advancement of those ends, they 
have at all times an unalienable and indefeasible right to alter, re- 
form, or abolish the government in such manner as they may think 
proper. 

Sec. 2. That, government being instituted for the common benefit, 
the doctrine of non-resistance against arbitrary power and oppression 
is absurd, slavish, and destructive to the good and happiness of man- 
kind. 

Sec. 3. That all men have a natural and indefeasible right to wor- 
ship Almighty God according to the dictates of their own consciences; 
that no man can of right be compelled to attend, erect, or support any 
place of worship, or to maintain any ministry against his consent; 
that no human authority can in any case whatever control or interfere 
with the rights of conscience; and that no preference shall ever be 
given by law to any religious establishments or modes of worship. 

Sec 4. That no religious test shall ever be required as a qualifica- 
tion to any office or public trust under this State. 

Sec. 5. That elections shall be free and equal. 

Sec. 6. That the right of trial by jury shall remain inviolate. 

Sec. 7. That the people shall be secure in their persons, houses, 
papers, and possessions, from unreasonable searches and seizures, 
and that general warrants, whereby an officer may be commanded to 
search suspected places, without evidence of the fact committed, or 
to seize any person or persons not named, whose offences- are not par- 
ticularly described and supported by evidence, are dangerous to lib- 
erty, and ought not to be granted. 

Sec. 8. That no freeman 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 the law of the land. 

Sec. 9. That in all criminal prosecutions the accused hath a right 
to be heard by himself and his counsel; to demand the nature and 
cause of the accusation against him, and to have a copy thereof; to 
meet the witnesses face to face; to have compulsory process for 
obtaining witnesses in his favor; and in prosecutions by indictment 
or presentment a speedy public trial, by an impartial jury of the 
county or district in which the crime shall have been committed ; and 
shall not be compelled to give evidence against himself. 

Sec. 10. That no person shall, for the same offence, be twice put in 
jeopardy of life or limb. 

Sec. 11. That laws made for the punishment of facts committed 
previous to the existence of such laws, and by them only declared 



Tennessee— 1 796 3423 

criminal, are contrary to the principles of a free government ; where- 
fore no ex post facto law shall be made. 

Sec. 12. That no conviction shall work corruption of blood or for- 
feiture of estate. The estate of such persons as shall destroy their 
own lives shall descend or vest as in case of natural death. If any 
person be killed by casualty, there shall be no forfeiture in conse- 
quence thereof. 

Sec. 13. That no person arrested, or confined in jail, shall be treated 
with unnecessary rigor. 

Sec. 14. That no freeman shall be put to answer any criminal 
charge, but by presentment, indictment, or impeachment. 

Sec 15. That all prisoners shall be bailable by sufficient sureties, 
unless for capital offences, when the proof is evident or the presump- 
tion great. And the privilege of the writ of habeas corpus shall not be 
suspended, unless when, in case of rebellion or invasion, the public 
safety may require it. 

Sec. 16. That excessive bail shall not be required, nor excessive 
fines imposed, nor cruel and unusual punishments inflicted. 

Sec 17. That all courts shall be open ; and every man, for an 
injury done him in his lands, goods, person, or reputation, shall have 
remedy by due course of law, and right and justice administered with- 
out sale, denial, or delay. Suits may be brought against the State 
in such manner and in such courts as the legislature may by law 
direct : Provided, The right of bringing suit be limited to the citizens 
of this State. 

Sec 18. That the person of a debtor, where there is not strong 
presumption of fraud, shall not be continued in prison after deliv- 
ering up his estate for the benefit of his creditor or creditors, in such 
manner as shall be prescribed by law. 

Sec 19. That the printing-presses shall be free to every person who 
undertakes to examine the proceedings of the legislature, or of any 
branch or officer of government ; and no law shall ever be made to 
restrain the right thereof. The free communication of thoughts and 
opinions is one of the invaluable rights of man; and every citizen 
may freely speak, write, and print on any subject, being responsible 
for the abuse of that liberty. But in prosecutions for the publication 
of papers investigating the official conduct of officers or men in public 
capacity, the truth thereof may be given in evidence ; and in all indict- 
ments for libels, the jury shall have a right to determine the law 
and the facts, under the direction of the court, as in other cases. 

Sec 20. That no retrospective law, or law impairing the obligation 
of contracts, shall be made. 

Sec 21. That no man's particular services shall be demanded or 
property taken, or applied to public use, without the consent of his 
representatives, or without just compensation being made therefor. 

Sec 22. That the citizens have a right, in a peaceable maimer, to 
assemble together for their common good, to instruct their representa- 
tives, and to apply to those invested with the powers of government 
for redress of grievances, or other proper purposes, by address or 
remonstrance. 

Sec 23. That perpetuities and monopolies are contrary to the 
genius of a free State, and shall not be allowed. 



3424 Tennessee— 1 796 

Sec. 24. That the sure and certain defence of a free people is a 
well-regulated militia; and as standing armies, in time oi peace, are 
dangerous to freedom, they ought to be avoided, as far as the circum- 
stances and safety of the community will admit, and that in all cases 
the military shall be in strict subordination to the civil authority. 

Sec. 25. That no citizen in this State, except such as are employed 
in the Army of the United States or militia in actual service, shall 
be subject to corporal punishment under the martial law. 

Sec. 26. That the freemen of this State have a right to keep and 
to bear arms for their common defence. 

Sec. 27. That no soldier shall in time of peace be quartered in any 
house without consent of the owner, nor in time of war but in a 
manner prescribed by law. 

Sec. 28. That no citizen of this State shall be compelled to" bear 
arms, provided he will pay an equivalent, to be ascertained by law. 

Sec. 29. That an equal participation of the free navigation of the 
Mississippi is one of the inherent rights of the citizens of this State; 
it cannot, therefore, be conceded to any prince, potentate, power, 
person, or persons whatever. 

Sec. 30. That no hereditary emoluments, privileges, or honors shall 
ever be granted or conferred in this State. 

Sec. 31. That the people residing south of French Broad and 
Holston, between the rivers Tennessee and the Big Pigeon, are 
entitled to the right of preemption and occupancy in that tract. 

Sec. 32. That the limits and boundaries of this State be ascertained, 
it is declared they are as hereafter mentioned ; that is to say : Begin- 
ning on the extreme height of the Stone Mountain, at the place 
where the line of Virginia intersects it, in latitude thirty-six degrees 
and thirty minutes north ; running thence along the extreme height 
of the said mountain to the place where Watauga River breaks 
through it ; thence a direct course to the top of the Yellow Mountain, 
where Bright's road crosses the same; thence along the ridge of said 
mountain, between the waters of Doe River and the waters of Rock 
Creek, to the place where the road crosses the Iron Mountain ; from 
thence along the extreme height of said mountain to where Noli- 
chucky River runs through the same; thence to the top of the 
Bald 'Mountain; thence along the extreme height of said mountain 
to the Painted Rock, on French Broad River; thence along the 
highest ridge of said mountain to the place where it is called the 
Great Iron or Smoky Mountain; thence along the extreme height of 
said mountain to the place where it is called Unicoi or Unaka Moun- 
tain, between the Indian towns of Cowee and Old Chota ; thence 
along the main ridge of the said mountain to the southern boundary 
of this State, as described in the act of cession of North Carolina to 
the United States of America, and that all the territory, lands, and 
waters lying west erf the said line, as before mentioned, and contained 
within the chartered limits of the State of North Carolina, are within 
the boundaries and limits of this State, over which the people have 
the right of exercising sovereignty and right of soil so far as is con- 
sistent with the Constitution of the United States, recognizing the 
Articles of Confederation, the Bill of Rights, and constitution of 
North Carolina, the cession act of the said State, and the ordinance 



Tennessee— 1796 3425 

of the late Congress for the government of the territory northwest 
of the Ohio; provided nothing herein contained shall extend to affect 
the claim or claims of individuals to any part of the soil which is 
recognized to them by the aforesaid cession act. 

Schedule 

Section 1. That no inconvenience may arise from a change of the 
temporary to a permanent State government, it is declared that all 
rights, actions, prosecutions, claims, and contracts, as well of indi- 
viduals as of bodies-corporate, shall continue as if no change had 
taken place in the administration of government. 

Sec. '2. All fines, penalties, and forfeitures, due and owing to the 
territory of the United States of America south of the river Ohio, 
shall inure to the use of the State. All bonds for performance, exe- 
cuted to the governor of the said territory, shall be and pass over to 
the governor of this State, and his successors in office, for the use of 
the State, or by him or them respectively to be assigned over to the 
use of those concerned, as the case may be. 

Sec. 3. The governor, secretary, judges, and brigadiers-general 
have a right, by virtue of their appointments, under the authority of 
the United States, to continue in the exercise of the duties of their 
respective offices in their several departments until the said officers 
are superseded under the authority of this constitution. 

Sec. 4. All officers, civil and military, who have been appointed by 
the governor, shall continue to exercise their respective offices until 
the second Monday in June, and until successors in office shall be 
appointed under the authority of this constitution and duly qualified. 

Sec. 5. The governor shall make use of his private seal until a State 
seal shall be provided. 

Sec. 6. Until the first enumeration shall be made, as directed in the 
second section of the first article of this constitution, the several 
counties shall be respectively entitled to elect one senator and two 
representatives: Provided, That no new county shall be entitled to 
separate representation previous to taking the enumeration. 

Sec. 7. That the next election for representatives and other officers 
to be held for the county of Tennessee shall be held at the house of 
William Miles. 

Sec. 8. Until a land-office shall be opened, so as to enable the citi- 
zens south of French Broad and Holston. between the rivers Tennes- 
see and Big Pigeon, to obtain titles upon their claims of occupancy 
and preemption, those who hold land by virtue of such claims shall be 
eligible to serve in all capacities where a freehold is by this constitu- 
tion made a requisite qualification. 

Done in convention at Knoxville, by unanimous consent, on the 
sixth day of February, in the year of our Lord one thousand seven 
hundred and ninety-six, and of the Independence of the United 
States of America the twentieth. In testimony whereof we have 
hereunto subscribed our names. 

William Blount, President. 

William AIaclin, Secretary. 



3426 Tennessee— 1834 

CONSTITUTION OF TENNESSEE— 1834 * ° 

Whereas the people of the territory of the United States south of 
the river Ohio, having the right of admission into the General Gov- 
ernment as a member State thereof, consistent with the Constitution 
of the United States, and the act of cession of the State of North 
Carolina, recognizing the ordinance for the government of the terri- 
tory of the United States northwest of the river Ohio, by their dele- 
gates and representatives in convention assembled, did, on the sixth 
day of February, in the year of our Lord one thousand seven hun- 
dred and ninety-six, ordain and establish a constitution or form of 
government, and mutually agree with each other to form themselves 
into a free and independent State, by the name of " the State of 
Tennessee; " and whereas the general assembly of said State of Ten- 
nessee, pursuant to the third section of the tenth article of the con- 
stitution, by an act passed on the twenty-seventh day of November, 
in the year of our Lord one thousand eight hundred and thirty-three, 
entitled "An act to provide for the calling of a convention," did 
authorize and provide for the election by the people of delegates and 
representatives to meet at Nashville, in Davidson County, on the 
third Monday in May, in the year of our Lord one thousand eight 
hundred and thirty-four, " for the purpose of revising and amend- 
ing (or changing) the constitution." 

We, therefore, the delegates and representatives of the people of 
the State of Tennessee, elected and in convention assembled, in pur- 
suance of the said act of assembly, have ordained and established 
the following amended constitution and form of government for 
this State, which we recommend to the people of Tennessee for their 
ratification ; that is to say : 

Article I 

DECLARATION OF RIGHTS 

Section I. That all power is inherent in the people, and all free 
governments are founded on their authority and instituted for their 
peace, safety, and happiness ; for the advancement of those ends they 
have at all times an inalienable and indefeasible right to alter, 
reform, or abolish the government in such manner as they may think 
proper. 

Sec. 2. That government being instituted for the common benefit, 
the doctrine of non-resistance against arbitrary power and oppres- 
sion is absurd, slavish, and destructive to the good and happiness of 
mankind. 

Sec. 3. That all men have a natural and indefeasible right to wor- 
ship Almighty God according to the dictates of their own conscience; 

* Verified from " The Statutes of Tennessee, Caruthers and Nicholson, Nash- 
ville. Press -of James Smith 1836 pp. 4.")-l>2, and Acts of the State of Tennessee, 
Nashville, Mercer, Printer to the State 1S65." pp. III-XIII. 

« This constitution was framed by a convention which assembled at Nash- 
ville May 19, 1834, and completed its labors August 30, 1834. It was submitted 
to the people March 5 and 6. 1835. and ratified by 42,666 votes against 17,691 
votes. 



Tennessee— 1834 3427 

that no man can of right be compelled to attend, erect, or support 
any place of worship, or to maintain any minister, against his con- 
sent; that no human authority can, in any case whatever, control 
or interfere with the rights of conscience; and that no preference 
shall ever be given by law to any religious establishment or mode of 
worship. 

Sec. 4. That no religious test shall ever be required as a qualifica- 
tion to any office or public trust under this State. 

Sec. 5. That elections shall be free and equal. 

Sec 6. That the right of trial by jury shall remain inviolate. 

Sec. 7. That the people shall be secure in their persons, houses, 
papers, and possessions, from unreasonable searches and seizures ; and 
that general warrants, whereby an officer may be commanded to 
search suspected places, without evidence of the fact committed, or 
to seize any person or persons not named, whose offences are not par- 
ticularly described and supported by evidence, are dangerous to lib- 
erty, and ought not to be granted. 

Sec. 8. That no free man 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 the law of the land. 

Sec 9. That in all criminal prosecutions the accused hath a right 
to be heard by himself and his counsel; to demand the nature and 
cause of the accusation against him, and to have a copy thereof; to 
meet the witnesses face to face; to have compulsory process for 
obtaining witnesses in his favor; and in prosecutions by indictment 
or presentment, a speedy public trial, by an impartial jury of the 
county or district in which the crime shall have been committed ; and 
shall not be compelled to give evidence against himself. 

Sec 10. That no person shall, for the same' offence, be twice put in 
jeopardy of life or limb. 

Sec 11. That laws made for the punishment of facts committed 
previous to the existence of such laws, and by them only declared 
criminal, are contrary to the principles of a free government ; where- 
fore, no ex post facto law shall be made. 

Sec 12. That no conviction shall work corruption of blood or for- 
feiture of estate. The estate of such persons as shall destroy their 
own lives shall descend or vest as in case of natural death. If any 
person be killed by casualty, there shall be no forfeiture in conse- 
quence thereof. 

Sec 13. That no person arrested or confined in jail shall be. treated 
with unnecessary rigor. 

Sec 14. That no freeman shall be put to answer any criminal 
charge but by presentment, indictment, or impeachment. 

Sec 15. That all prisoners shall be bailable by sufficient sureties, 
unless for capital offences when the proof is evident or the presump- 
tion great. And the privilege of the writ of habeas corpus shall not be 
suspended, unless when, in case of rebellion or invasion, the public 
safety may require it. 

Sec 1C). That excessive bail shall not be required, nor excessive 
fines imposed, nor cruel and unusual punishments inflicted. 

Sec 17. That all courts shall be open; and every man, for an 
injury done him in his lands, goods, person, or reputation, shall have 
remedy by due course of law, and right and justice administered 



3428 Tennessee— 1834 

without sale, denial, or delay. Suits may be brought against the State 
in such manner, and in such courts, as the legislature may by law 
direct. 

Sec. 18. That the person of a debtor, where there is not strong pre- 
sumption of fraud, shall not be continued in prison after delivering 
up his estate for the benefit of his creditors, in such manner as shall 
be prescribed by law. 

Sec. 19. That the printing-presses shall be free to every person who 
undertakes to examine the proceeedings of the legislature, or of any 
branch of office of government ; and no law shall ever be made to 
restrain the right thereof. The free communication of thoughts and 
opinions is one of the invaluable rights of man, and every citizen may 
freely speak, write, and print on any subject, being responsible -for 
the abuse of that liberty. But in prosecutions for the publication of 
papers investigating the official conduct of officers or men in public 
capacity, the truth thereof may be given in evidence; and in all 
indictments for libels, the jury shall have a right to determine the 
law and the facts, under the direction of the court, as in other crimi- 
nal cases. 

Sec. 20. That no retrospective law, or law impairing the obligation 
of contracts, shall be made. 

Sec. 21. That no man's particular services shall be demanded, or 
property taken, or applied to public use, without the consent of his 
representatives, or without just compensation being made therefor. 

Sec 22. That perpetuities and monopolies are contrary to the 
genius of free State, and shall not be allowed. 

Sec 23. That the citizens have a right, in a peaceable manner, to 
assemble together for their common good, to instruct their repre- 
sentatives, and to apply to those invested with the powers of gov- 
ernment for redress of grievances or other proper purposes, by 
address or remonstrance. 

Sec 24. That the sure and certain defence of a free people is a 
veil-regulated militia ; and, as standing armies in time of peace are 
dangerous to freedom, they ought to be avoided, as far as the circum- 
stances and safety of the community will admit; and that in all 
cases the military shall be kept in strict subordination to the civil 
authority. 

Sec 25. That no citizen of this State, except such as are employed 
in the Army of the United States, or militia in actual service, shall 
be subjected to corporeal punishment under the martial law. 

Sec 26. That the free wdiite men of this State have a right to keep 
and to bear arms for their common defence. 

Sec 27. That no soldier shall, in time of peace, be quartered in any 
house without the consent of the owner; nor in time of war, but in a 
manner prescribed by law. 

Sec 28. That no citizen of this State shall be compelled to bear 
arms, provided he will pay an equivalent, to be ascertained by law. 

Sec 29. That an equal participation of the free navigation of the 
Mississippi is one of the inherent rights of the citizens of this State ; 
it cannot, therefore, be conceded to any prince, potentate, power, per- 
son or persons whatever. 

Sec 30. That no hereditary emoluments, privileges, or honors 
shall ever be granted or conferred in this State. 



Tennessee— 1834 3429 

Sec. 31. That the limits and boundaries of this State be ascertained, 
it is declared they are as hereafter mentioned, that is to say : Begin- 
ning- on the extreme height of the Stone Mountain, at the place where 
the line of Virginia intersects it, in latitude thirty-six degrees and 
thirty minutes north ; running thence along the extreme height of the 
said mountain to the place where Watauga River breaks through it; 
thence a direct course to the top of the Yellow Mountain, where 
Bright's road crosses the same ; thence along the ridge of said moun- 
tain, between the waters of Doe River and the waters of Rock Crock. 
to the place where the road crosses the Iron Mountain ; from thence 
along the extreme height of said mountain to the place where Noli- 
chucky River runs through the same ; thence to the top of the Bald 
Mountain; thence along the extreme height of said mountain to the 
Painted Rock, on French Broad River; thence along the highest 
ridge of said mountain to the place where it is called the Great Iron 
on Smoky Mountain; thence along the extreme height of said 
mountain to the place where it is called Unicoi or Unaka Mountain, 
between the Indian towns of Cowee and Old Chota ; thence along 
the main ridge of the said mountain to the southern boundary of 
this State, as described in the act of cession of North Carolina to 
the United States of America ; and that all the territory, lands, and 
waters lying west of the said line, as before mentioned, and contained 
within the chartered limits of the State of North Carolina, are within 
the boundaries and limits of this State, over which the people have 
the right of exercising sovereignty and the right of soil, so far as is 
consistent with the Constitution of the United States, recognizing 
the Articles of Confederation, the Bill of Rights, and constitution of 
North Carolina, the cession act of the said State, and the ordinance 
of Congress for the government of the territory northwest of the 
Ohio: Provided, Nothing herein contained shall extend to affect the 
claim or claims of individuals to any part of the soil which is 
recognized to them by the aforesaid cession act: And provided also, 
That the limits and jurisdiction of this State shall extend to any other 
land and territory now acquired, or that may hereafter be acquired 
by compact or agreement with other States or otherwise, although 
such land and territory are not included within the boundaries here- 
inbefore designated. 

Sec. 32. The people residing south of French Broad and Holston, 
between the rivers Tennessee and Big Pigeon, are entitled to the right 
of pre-emption and occupancy in that tract. 

Article II 

Section 1. The powers of the government shall be divided into 
three distinct departments, the legislative, executive, and judicial. 

Sec. 2. No person or persons belonging to one of these departments 
shall exercise any of the powers properly belonging to either of the 
others, except in the cases herein directed or permitted. 

Sec. 3. The legislative authority of this State shall be vested in a 
general assembly, which shall consist of a senate and house of repre- 
sentatives, both dependent on the people. 

Sec. 4. An enumeration of the qualified voters and an apportion- 
ment of the representatives in the general assembly shall be made in 
7254— vol 6—09 16 



3430 Tennessee— 1834 

the year one thousand eight hundred and forty-one, and within every 
subsequent term of ten years. 

Sec. 5. The number of representatives shall, at the several periods 
of making the enumeration, be apportioned among the several 
counties or districts according to the number of qualified voters iji 
each; and shall not exceed seventy-five, until the population of the 
State shall be one million and a half; and shall never thereafter 
exceed ninety-nine: Provided, That any county having two-thirds 
of the ratio shall be entitled to one member. 

Sec. 6. The number of senators shall, at the several periods of mak- 
ing the enumeration, be apportioned among the several counties or 
districts, according to the number of qualified electors in each, and 
shall not exceed one-third the number of representatives. In appor- 
tioning the senators among the different counties, the fraction that 
may be lost by any county or counties, in the apportionment of mem- 
bers to the house of representatives, shall be made up to such county 
or counties in the senate as near as may be practicable. When a dis- 
trict is composed of two or more counties, they shall be adjoining; 
and no county shall be divided in forming a district. 

Sec. 7. The first election for senators and representatives shall be 
held on the first Thursday in August, one thousand eight hundred 
and thirty-five; and forever thereafter elections for members of the 
general assembly shall be held once in two years, on the first Thursday 
in August ; said elections shall terminate the same day. 

Sec. 8. The first session of the general assembly shall commence on 
the first Monday in October, one thousand eight hundred and thirty- 
five; and forever thereafter the general assembly shall meet on the 
first Monday in October next ensuing the election. 

Sec. 9. No person shall be a representative, unless he shall be a citi- 
zen of the United States of the age of twenty-one years, and shall 
have been a citizen of this State for three years, and a resident in the 
county he represents one year immediately preceding the election. 

Sec. 10. No person shall be a senator unless he shall be a citizen of 
the United States, of the age of thirty years, and shall have resided 
three years in this State, and one year in the county or district, 
immediately preceding the election. No senator or representative 
shall, during the time for which he was elected, be eligible to any 
office or place of trust, the appointment to which is vested in the 
executive or the general assembly, except to the office of trustee of a 
literary institution. 

Sec. 11. The senate and house of representatives, when assembled, 
shall each choose a speaker and its other officers, be judges of the 
qualifications and election of its members, and sit upon its own ad- 
journments from day to day. Two-thirds of each house shall consti- 
tute a quorum to do business; but a smaller number may adjourn 
from day to day, anoVmay be authorized by law to compel the attend- 
ance of absent members. 

Sec. 12. Each house may determine the rules of its proceedings, 
punish its members for disorderly behavior, and, with the concurrence 
of two-thirds, expel a member, but not a second time for the same 
offence; and shall have all other powers necessary for a branch of 
the legislature of a free State. 

Sec. 13. Senators and representatives shall in all cases, except trea- 
son, felony, or breach of the peace, be privileged from arrest during 



Tennessee— 1834 3431 

the session of the general assembly, and in going to and returning 
from the same; and, for any speech, or debate in either house, they 
shall not be questioned in any other place. 

Sec. 14. Each house may punish by imprisonment during its ses- 
sion any person, not a member, who shall be guilty of disrespect to the 
house, by any disorderly or contemptuous behavior in its presence. 

Sec. 15. When vacancies happen in either house, the governor for 
the time being shall issue writs of election to fill such vacancies. 

Sec. 16. Neither house shall, during its session, adjourn without 
consent of the other for more than three days, nor to any other place 
than that in which the two houses shall be sitting. 

Sec. IT. Bills may originate in either house, but may be amended, 
altered, or rejected by the other. 

Sec. 18. Every bill shall be read once on three different days, and 
be passed each time in the house where it originated, before transmis- 
sion to the other. No bill shall become a law until it shall be read 
and passed on three different days in each house, and be signed by 
the respective speakers. 

Sec. 19. After a bill has been rejected, no bill containing the same 
substance shall be passed into a law during the same session. 

Sec. 20. The style of the laws of this State shall be, u Be it enacted 
by the general assembly of the State of Tennessee." 

Sec. 21. Each house shall keep a journal of its proceedings, and 
publish it, except such parts as the welfare of the State may require 
to be kept secret ; the ayes and nays shall be taken in each house upon 
the final passage of every bill of a general character, and bills making 
appropriations of public moneys; and the ayes and noes of the mem- 
bers on any question shall, at the request of any two of them, be 
entered on the journal. 

Sec. 22. The doors of each house and of committees of the whole 
shall be kept open, unless when the business shall be such as ought to 
be kept secret. 

Sec. 23. The sum of four dollars per day, and four dollars for 
every twenty-five miles travelling to and from the seat of government, 
shall be allowed to the members of the first general assembly, as a 
compensation for their services. The compensation of the members 
of the succeeding legislatures shall be ascertained by law; but no law 
increasing the compensation of the members shall take effect until the 
commencement of the next regular session after such law shall have 
been enacted. 

Sec. 24. No money shall be drawn from the treasury but in con- 
sequence of appropriations made by law ; and an accurate statement 
of the receipts and expenditures of the public money shall be attached 
to and published with the laws at the rise of each stated session of 
the general assembly. 

Sec. 25. No person who heretofore hath been, or may hereafter be, 
a collector or holder of public moneys, shall have a seat in either 
house of the general assembly until such person shall have accounted 
for and paid into the treasury all sums for which he may be account- 
able or liable. 

Sec. 26. No judge of any court of law or equity, secretary of state, 
attorney-general, register, clerk of any court of record, or person 
holding any office under the authority of the United States, shall 
have a seat in the general assembly ; nor shall any person in this State 



3432 Tennessee— 1834 

hold more than one lucrative office at the same time: Provided, That 
no appointment in the militia, or, to the office of justice of the peace, 
shall be considered a lucrative office, or operate as a disqualification to 
a seat in either house of the general assembly. 

Sec. 27. Any member of either house of the general assembly shall 
have liberty to dissent from, and protest against, any act oi resolve 
which he may think injurious to the public or to any individual, and 
to have the reasons for nis dissent entered on the journals. 

Sec. 28. All lands liable to taxation, held by <\v{h\. grant, or entry, 
town-lots, bank-stock, slaves between the ages of twelve and fifty 
years, and such other property as the legislature may from time t<> 
time deem expedient, shall he taxable. All property shall be taxed 
according to its value; that value to l»e ascertained in such manner as 
the legislature shall direct, so thai the same shall be equal and uni form 
throughout the State. No one species of property from which a tax 
may he collected shall he taxed higher than any other species of prop- 
erty of equal value. But the legislature shall have power to tax mer- 
chants, pedlers, and privileges, in such manner as they may. from 
time to time, direct. A tax on white polls shall he laid, in such man- 
ner and of such an amount as may he prescribed by law. 

Sec. 20. The general assembly shall have power to authorize the 
several counties and incorporated towns in this State to impose taxes 
for county and corporation purposes respectively, in such manner as 
shall be prescribed by law: and all property shall he taxed according 
to its value, upon the principles established in regard to State taxation. 

Sec. •">(). No article manufactured of the produce of this State shall 
be taxed otherwise 1 than to pay inspection fees. 

Sec. 31. The general assembly shall have no power to pa>s laws for 
the emancipation of slaves, without the consent of their owner or 
owners. 

Article III 

Section 1. The supreme executive power of this State shall be 
vested in a governor. 

Sec. 2. The governor shall be chosen by the electors of the members 
of the general assembly, at the times and places where they shall re- 
spectively vote for the members thereof. The returns of every elec- 
tion for governor shall be sealed up, and transmitted to the seat of 
government, by the returning officers, directed to the speaker of the 
senate, who shall open and publish them in the presence of a majority 
of the members of each house of the general assembly. The person 
having the highest number of votes shall be governor; but if two or 
more shall be equal and highest in votes, one of them shall be chosen 
governor by joint vote of both houses of the general assembly. Con- 
tested elections for governor shall be determined by both houses of 
the general assembly, in such manner as shall be prescribed by law. 

Sec. 3. He shall be at least thirty years of age, shall be a citizen of 
the United States, and shall have been a citizen of this State seven 
years next before his election. 

Sec. 4. The governor shall hold his office for two years, and until 
his successor shall be elected and qualified. He shall not be eligible 
more than six years in any term of eight. 



Tennessee— 1834 3433 

Sec. 5. He shall be commander-in-chief of the army and navy of 
this State, and of the militia, except when they shall be called into 
the service of the United States. 

Sec. 6. He shall have power to grant reprieves and pardons, after 
conviction, except in cases of impeachment. 

Sec. 7. He shall, at stated times, receive a compensation for his 
services, which shall not be increased or diminished during the period 
for which he shall have been elected. 

Sec. 8. He may require information, in writing, from the officers in 
the executive department, upon any subject relating to the .duties of 
their respective offices. 

Sec. 9. He may, on extraordinary occasions, convene the general 
assembly, by proclamation; and shall state to them. -when assembled, 
the purposes for which they shall have been convened: but they shall 
enter on no legislative business except that for which they were espe- 
cially called together. 

Sec. 10. He shall take care that the laws be faith fully executed. 

Sec. 11. He shall, from time to time, give to the general assembly 
information of the state of the government, and recommend to their 
consideration such measures as he shall judge expedient. 

Sec. 12. In case of the removal of the governor from office, or of 
his death or resignation, the powers and duties of the office shall de- 
volve on the speaker of the senate; and in case of the death, removal 
from office, or resignation of the speaker of the senate, the powers and 
duties of the office shall devolve on the speaker of the house of repre- 
sentative-. 

Sec. b>. No member of Congress, or person holding any office under 
the United States or this State, shall execute the office oi governor. 

Sec. 14. When any officer, the right of whose appointment is by 
this constitution voted in the general assembly, shall, during the 
reci ss. die, or the office, by the expiration of the term, or by other 
raeans become vacant, the governor shall have the power to fill such 
vacancy, by granting a temporal commission, which shall expire at 
the end of the next session of the legislature. 

Sec. 15. There shall be a seal of this State, which shall be kept by 
the governor, and used by him officially, and shall be called " The 
Great Seal of the State of Tennessee." 

Sec. 16. All grants and commissions shall be in the name and by 
the authority of the State of Tennessee, be sealed with the State seal, 
and signed by the governor. 

Sec. 17. A secretary of state shall be appointed by joint vote of 
the general assembly, and commissioned during the term of four 
j^ears; he shall keep a fair register of all the official acts and proceed- 
ings of the governor, and shall, when required, lay the same, and all 
papers, minutes, and vouchers relative thereto, before the general 
assembly, and shall perform such other duties as shall be enjoined 
by law. 

Article IV 

Section 1. Every free white man of the age of twenty-one years, 
being a citizen of the United States, and a citizen of the county 
wherein he may offer his vote six months next preceding the day of 
election, shall be entitled to vote for members of the general assembly, 



3434 Tennessee— 1834 

and other civil officers for the county or district in which he resides: 
Provided, That no person shall be disqualified from voting in any 
election on account of color, who is now, by the laws of this State, a 
competent witness in a court of justice against a white man. All free 
men of color shall be exempt from military duty in time of peace, 
and also from paying a free poll-tax. 

Sec. 2. Laws may be passed excluding from the right of suffrage 
persons who may be convicted of infamous crimes. 

Sec. 3. Electors shall in all cases, except treason, felony, or breach 
of the peace, be privileged from arrest or summons during their 
attendance at elections, and in going to and returning from them.. 

Sec. 4. In all elections to be made by the general assembly,, the 
members thereof shall vote viva roce; and their votes shall be entered 
on the journal. All other elections shall be by ballot. 

Article V 

Section 1. The house of representatives shall have the sole power 
of impeachment. 

Sec. 2. All impeachments shall be tried by the senate ; when sitting 
for that purpose, the senators shall be upon oath or affirmation. No 
person shall be convicted without the concurrence of two-thirds of 
the senators sworn to try the officer impeached. 

Sec 3. The house of representatives shall elect, from their own 
body, three members, whose duty it shall be to prosecute impeach- 
ments. No impeachment shall be tried until the legislature shall 
have adjourned sine die, when the senate shall proceed to try such 
impeachment. 

Sec. 4. The governor, judges of the supreme court, judges of 
inferior courts, chancellors, attorneys for the State, and secretary of 
state, shall be liable to impeachment, whenever they may, in the 
opinion of the house of representatives, commit any crime in their 
official capacity which may require disqualification; but judgment 
shall only extend to removal from office, and disqualification to fill 
any office thereafter. The party shall, nevertheless, be liable to 
indictment, trial, judgment, and punishment, according to law. 

Sec 5. Justices of the jDeace and other civil officers not hereinbefore 
mentioned, for crimes or misdemeanors in office, shall be liable to 
indictment in such courts as the legislature may direct; and upon 
conviction, shall be removed from office, by said court, as if found 
guilty on impeachment ; and shall be subject to such other punishment 
as may be prescribed by law. 

Article VI 

Section 1. The judicial power of this State shall be vested in one 
supreme court, in such inferior courts as the legislature shall from 
time to time ordain and establish, and the judges thereof, and in 
justices of the peace. The legislature may also vest such jurisdiction 
as may be deemed necessary in corporation courts. 

Sec 2. The supreme court shall be composed of three judges, one 
of whom shall reside in each of the grand divisions of the State ; the 
concurrence of two of said judges shall in every case be necessary to a 
decision. The jurisdiction oi this court shall be appellate only, 



Tennessee— 1834 3435 

under such restrictions and regulations as may from time to time be 
prescribed by law; but it may possess such other jurisdiction as is 
now conferred by law on the present supreme court. Said courts 
shall be held at one place, and at one place only, in each of the three 
grand divisions in the State. 

Sec. 3. The general assembly shall, by joint vote of both houses, 
appoint judges of the several courts of law and equity ; but courts 
may be established to be holden by justices of the peace. Judges of 
the supreme court shall be thirty-five years of age, and shall be elected 
for the term of twelve years. 

Sec. 4. The judges of such inferior courts as the legislature may 
establish shall be thirty years of age, and shall be elected for the term 
of eight years. 

Sec. 5. The legislature shall elect attorneys for the State, by joint 
vote of both houses of the general assembly, who shall hold their 
offices for the term of six years. In all cases where an attorney for 
any district fails or refuses to attend and prosecute according to law, 
the court shall have power to appoint an attorney pro tempore. 

Sec G. Judges and attorneys for the State may be removed from 
office by a concurrent vote of both houses of the general assembly, 
each house voting separately ; but two-thirds of all the members 
elected to each house must concur in such vote. The vote shall be 
determined by ayes and noes, and the names of the members voting 
for or against the judge or attorney for the State, together with the 
cause or causes of removal, shall be entered on the journals of each 
house respectively. The judge or attorney for the State, against 
whom the legislature may be about to proceed, shall receive notice 
thereof, accompanied with a copy of the causes alleged for his removal, 
at least ten days before the day on which either house of the general 
assembly shall act thereupon. 

Sec. i. The judges of the supreme and inferior courts shall, at 
stated times, receive a compensation for their services, to be ascer- 
tained by law, which shall not be increased or diminished during the 
time for which they are elected. They shall not be allowed any fees 
or perquisites of office, nor hold any other office of trust or profit 
under this State or the United States. 

Sec. 8. The jurisdiction of such inferior courts as the legislature 
may from time to time establish shall be regulated by law. 

Sec. 9. Judges shall not charge juries with respect to matters of 
fact, but may state the testimony and declare the law. 

Sec. 10. The judges or justices of such inferior courts of law as the 
legislature may establish shall have power, in all civil cases, to issue 
writs of certiorari to remove any cause, or transcript thereof, from 
any inferior jurisdiction into said court, on sufficient cause, supported 
by oath or affirmation. 

Sec 11. Xo judge of the supreme or inferior courts shall preside 
on the trial of any cause in the event of which he may be interested, 
or where either of the parties shall be connected with him by affinity 
or consanguinity, within such degrees as may be prescribed by law T , 
or in which he may have been of counsel, or in which he may have 
presided in any inferior court, except by consent of all the parties. 
In case all or any of the judges of the supreme court shall be thus 
disqualified from presiding on the trial of any cause or causes, the 
court, or the judges thereof, shall certify the same to the governor of 



3436 Tennessee— 1 834 

the State, and he shall forthwith specially commission the requisite 
number of men of law knowledge for the trial and determination 
thereof. In case of sickness of any of the judges of the supreme or 
inferior courts, so that they or any of them are unable to attend, the 
legislature shall be authorized to make provision by the general laws 
that special judges may be appointed to attend said courts. 

Sec. 12. All writs and other process shall run in the name of the 
State of Tennessee, and bear test and be signed by the respective 
clerks. Indictments shall conclude " against the peace and dignity 
of the State." 

Sec. 13. Judges of the supreme court shall appoint their clerks, 
who shall hold their offices for the period of six years. Chancellors 
(if courts of chancery shall be established) shall appoint their clerks 
and masters, who shall hold their offices for the period of six years. 
Clerks of such inferior courts as may be hereafter established, which 
shall be required to be holden in the respective counties of this States- 
shall be elected by the qualified voters thereof, for the term of four 
years; they shall be removed from office for malfeasance, incompe- 
tency, or neglect of duty, in such manner as may be prescribed by law. 

Sec. 14. No fine shall be laid on any citizen of this State that shall 
exceed fifty dollars, unless it shall be assessed by a jury of his peers, 
who shall assess the fine at the time they find the fact, if they think 
the fine should be more than fifty dollars. 

Sec. 15. The different counties in this State shall be laid off, as the 
general assembly may direct, into districts of convenient size, so that 
the whole number in each county shall not be more than twenty-five, 
or four for every one hundred square miles. There shall be two 
justices of the peace and one constable elected in each district, by the 
qualified, voters therein, except districts including county towns, 
which shall elect three justices and two constables. The jurisdiction 
of said officers shall be coextensive with the county. Justices of the 
peace shall be elected for the term of six, and constables for the term 
of two years. Upon the removal of either of said officers from the 
district in which he was elected, his office shall become vacant from 
the time of such removal. Justices of the peace shall be commissioned 
by the governor. The legislature shall have power to provide for the 
appointment of an additional number of justices of the peace in 
incorporated towns. 

Article VII 

Section 1. There shall be elected in each county, by the qualified 
voters therein, one sheriff, one trustee, and one register; the sheriff 
and trustee for two years, and the register for four years : Provided, 
That no person shall be eligible to the office of sheriff more than six 
years in any term of eight years. There shall be elected for each 
county, by the justices w ©f the peace, one coroner and one ranger, who 
shall hold their offices for two years. Said officers shall be removed 
for malfeasance, or neglect of duty, in such manner as may be pre- 
scribed by law. 

Sec. 2. Should a vacancy occur, subsequent to an election, in the 
office of sheriff, trustee, or register, it shall be filled by the justices^ 
if in that of the clerks to be elected by the people, it shall be filled by 
the courts ; and the person so appointed shall continue in office until 



Tennessee— 1834 3437 

his successor shall be elected and qualified; and such office shall be 
filled by the qualified voters at the first election for any of the county 
officers. 

Sec 3. There shall be a treasurer or treasurers appointed for the 
State, by the joint vote of both houses of the general assembly, who 
shall hold his or their offices for two years. 

Sec. 4. The election of all officers, and the filling of all vacancies 
that may happen, by death, resignation, or removal, not otherwise 
directed or provided for by this constitution, shall be made in such 
manner as the legislature shall direct. 

Sec. 5. The legislature shall provide that the election of the county 
and other officers by the people shall not take place at the same time 
that the general elections are held for members of Congress, members 
of the legislature, and governor. The elections shall commence and 
terminate on the same day. 

Article VIII 

Section 1. All militia officers shall be elected by persons subject to 
military duty, within the bounds of their several companies, battal- 
ions, regiments, brigades, and divisions, under such rules and regula- 
tions as the legislature may, from time to time, direct and establish. 

Sec. 2. The governor shall appoint the adjutant-general and his 
other staff-officers; the majors-general, brigadiers-general, and com- 
manding officers of regiments shall, respectively, appoint their staff- 
officers. 

Sec 3. The legislature shall pass laws exempting citizens belonging 
to any sect or denomination of religion, the tenets of which are known 
to be opposed to the bearing of arms, from attending private and gen- 
eral musters. 

Article IX 

Section 1. Whereas ministers of the gospel are, by their profession, 
dedicated to God and the care of souls, and ought not to be diverted 
from the great duties of their functions; therefore, no minister of 
the gospel, or priest of any denomination whatever, shall be eligible 
to a seat in either house of the legislature. 

Sec 2. No person who denies the being of God or a future state 
of rewards and punishments, shall hold any office in the civil depart- 
ment of this State. 

Sec 3. Any person who shall, after the adoption of this constitu- 
tion, fight a duel, or knowingly be the bearer of a challenge to- fight a 
duel, or send or accept a challenge for that purpose, or be an aider or 
abettor in fighting a duel, shall be deprived of the right to hold any 
office of honor or profit in this State, and shall be punished otherwise 
in such manner as the legislature may prescribe. 

Article X 

Section 1. Every person who shall be chosen or appointed to any 
office of trust or profit under this constitution, or any law made in 
pursuance thereof, shall, before entering on the duties thereof, take 
an oath to support the constitution of this State and of the United 
States, and an oath of office. 



3438 Tennessee— 1834 

Sec. 2. Each member of the senate and house of representatives shall, 
before they proceed to business, take an oath or affirmation to support 
the constitution of this State, and of the United States, and also the 

following oath: "I, , do solemnly swear [or affirm] 

that, as a member of this general assembly, I will, in all appointments, 
vote without favor, affection, partiality, or prejudice; and that I will 
not propose or assent to any bill, vote, or resolution which shall 
appear to me injurious to the people, or consent to any act or thing- 
whatever that shall have a tendency to lessen or abridge their rights 
and privileges as declared by the constitution of this State/' 

Sec. 3. Any elector who shall receive any gift or reward for his 
vote, in meat, drink, money, or otherwise, shall suffer such punish- 
ment as the laws shall direct. And any person who shall directly or 
indirectly give, promise, or bestow any such reward to be elected, 
shall thereby be rendered incapable, for six years, to serve in the office 
for which he was elected, and be subject to such further punishment 
as the legislature shall direct. 

Sec. 4. New counties may be established by the legislature, to con- 
sist of not less than three hundred and fifty square miles, and which 
shall contain a population of four hundred and fifty qualified voters. 
No line of such county shall approach the court-house of any old 
county from which it may be taken nearer than twelve miles. No 
part of a county shall be taken to form a new county, or a part 
thereof, without the consent of a majority of the qualified voters in 
such part taken off. And in all cases where an old county may be 
reduced for the purpose of forming a new T one, the seat of justice in 
said old county shall not be removed without the concurrence of 
two-thirds of both branches of the legislature, nor shall said old 
county be reduced to less than six hundred and twenty-five square 
miles: Provided, however, That the county of Bedford may be re- 
duced to four hundred and seventy-five square miles; and there shall 
not be laid off more than one new county on the west, and one on the 
east, adjoining the county of the dividing line, a majority of the 
qualified voters of said county voting in favor of said division; the 
counties of Carter, Rhea, and Humphreys shall not be divided into 
more than two counties each; nor shall more than one new county 
be taken out of the territory now composing the counties of Tipton 
and Dyer; nor shall the seats of justice in the counties of Rhea, 
Carter, Tipton, and Dyer be removed, without the concurrence of 
two-thirds of both branches of the legislature. The county of Sulli- 
van may be reduced below the contents of six hundred and twenty-five 
square miles, but the line of any new county which may hereafter be 
laid off shall not approach the county-seat of said county nearer than 
ten miles. The counties of Marion and Bledsoe shall not be reduced 
below one thousand qualified voters each in forming a new county or 
counties. m 

Sec. 5. The citizens who may be included in any new county shall 
vote with the county or counties from which they may have been 
stricken off, for members of Congress, for governor, and for mem- 
bers of the general assembly, until the next apportionment of 
members to the general assembly after the establishment of such 
new county. 



Tennessee— 1 834 3439 

Article XI 

Section 1. All laws and ordinances now in force and use in this 
State, not inconsistent with this constitution, shall continue in force 
and use until they shall expire, be altered, or repealed by the 
legislature. 

Sec. 2. Nothing contained in this constitution shall impair the 
validity of any debts or contracts, or affect any rights of property, 
or any suits, actions, rights of action, or other proceedings in courts 
of justice. 

Sec. 3. Any amendment or amendments to this constitution may be 
proposed in the senate or house of representatives; and if the same 
shall be agreed to by a majority of all the members elected to each 
of the two houses, such proposed amendment or amendments shall be 
entered on their journals, with the yeas and nays thereon, and 
referred to the general assembly then next to be chosen ; and shall be 
published for six months previous to the time of making such choice. 
And if in the general assembly next chosen as aforesaid such proposed 
amendment or amendments shall be agreed to by two-thirds of all the 
members elected to each house, then it shall be the duty of the general 
assembly to submit such proposed amendment or amendments to the 
people, in such manner and at such time as the general assembly shall 
prescribe. And if the people shall approve and ratify such amend- 
ment or amendments, by a majority of all the citizens of the State 
voting for representatives, voting in their favor, such amendment or 
amendments shall become part of this constitution. When any 
amendment or amendments to the constitution shall be proposed in 
pursuance of the foregoing provisions, the same shall at each of the 
said sessions be read three times on three several days in each house. 
The legislature shall not propose amendments to the constitution 
oftener than once in six years. 

Sec. 4. The legislature shall have no power to grant divorces, but 
may authorize the courts of justice to grant them for such causes as 
may be specified by law: Provided, That such laws be general and 
uniform in their operation throughout the State. 

Sec. 5. The legislature shall have no power to authorize lotteries 
for any purpose, and shall pass laws to prohibit the sale of lottery- 
tickets in this State. 

Sec. G. The legislature shall fix the rate of interest ; and the rate so 
established shall be equal and uniform throughout the State. 

Sec. 7. The legislature shall have no power to suspend any general 
law for the benefit of any particular individual, nor to pass any law 
for the benefit of individuals inconsistent with the general laws of 
the land ; nor «to pass any law granting to any individual or indi- 
viduals rights, privileges, immunities, or exemptions other than such 
as may be by the same law extended to any member of the community 
who may be able to bring himself within the provisions of such law: 
Provided always. The legislature shall have power to grant such 
charters of corporation as they may deem expedient for the public 
good. 

Sec. 8. The legislature shall have the right to vest such powers in 
the courts of justice, with regard to private and local affairs, as may 
be deemed expedient. 



3440 Tennessee— 1834 

Sec. 9. A well-regulated system of internal improvement is calcu- 
lated to develop the resources of the State, and promote the happi- 
ness and prosperity of her citizens; therefore, it ought to be 
encouraged by the general assembly. 

Sec. 10. Knowledge, learning, and virtue being essential to the 
preservation of republican institutions, and the diffusion of" the 
opportunities and advantages of education throughout the different 
portions of the State being highly conducive to the promotion of this 
end, it shall be the duty of the general assembly, in all future periods 
of this government, to cherish literature and science. And the fund 
called the " common-school fund," and all the lands and proceeds 
thereof, dividends, stocks, and other property of every description 
whatever, heretofore by law appropriated by the general assembly 
of this State for the use of common schools, and all such as sliall 
hereafter be appropriated, shall remain a perpetual fund, the princi- 
pal of which shall never be diminished by legislative appropriation, 
and the interest thereof shall be inviolably appropriated to the sup- 
port and encouragement of common schools throughout the State, 
and for the equal benefit of all the people thereof; and no law shall be 
made authorizing said fund, or any part thereof, to be diverted to 
any other use than the support and encouragement of common 
schools; and it shall be the duty of the general assembly to appoint 
a board of commissioners, for such term of time as they may think 
proper, who shall have the general superintendence of said fund, and 
who shall make a report of the condition of the same, from time to 
time, under such rules, regulations, and restrictions as may be 
required by law: Provided, That if at any time hereafter a division 
of the public lands of the United States, or of the money arising from 
the sales of such lands, shall be made among the individual States, 
the part of such lands or money coming to this State shall be devoted 
to the purposes of education and internal improvement and shall 
never be applied to any other purpose. 

Sec. 11. The above provisions shall not be construed to prevent the 
legislature from carrying into effect any laws that have been passed 
in favor of the colleges, universities, or academies, or from authoriz- 
ing heirs or distributees to receive and enjoy escheated property, 
under such rules and regulations as from time to time may be pre- 
scribed by law. 

Sec. 12. The declaration of rights hereto prefixed is declared to be 
a part of the constitution of this State, and shall never be violated on 
any pretence whatever. And to guard against transgression of the 
high powers we have delegated, we declare that everything in the bill 
of rights contained is excepted out of the general powers of govern- 
ment, and shall forever remain inviolate. 

« Schedule 

Section 1. That no inconvenience may arise from a change of the 
constitution, it is declared that all officers, civil and military, shall 
continue to hold their offices ; and all the functions appertaining to the 
same shall be exercised and performed according to the existing laws 
and constitution, until the end of the first session of the general 
assembly which shall sit under this constitution, and until the gov- 
ernment can be reorganized and put into operation under this con- 



Tennessee— 1834 3441 

stitution, in such manner as the first general assembly aforesaid shall 
prescribe, and no longer. 

Sec. 2. The general assembly which shall sit after the first appor- 
tionment of representation under the new constitution, to wit, in the 
year one thousand eight hundred and forty-three, shall, within the 
first week after the commencement of the session, designate and fix 
the seat of government ; and when so fixed, it shall not be removed, 
except by the consent of two-thirds of the members of both houses of 
the general assembly. The first and second sessions of the general 
assembly under this constitution shall be held in Nashville. 

Sec. 3. Until a land-office shall be opened, so as to enable the citizens 
south and west of the congressional reservation-line to obtain titles 
upon their claims of occupancy, those who hold lands by virtue of 
such claims shall be eligible to serve in all capacities where a freehold 
i^, by the laws of the State, made a requisite qualification. 

Done in convention, at Nashville, this thirtieth day of August, one 
thousand eight hundred and thirty-four, and of the Independence of 
the United States of America the fifty-ninth. 

William B. Carter, President. 

William K. Hill, Secretary. 

ORDINANCE 

I. Ordered, That it shall be the duty of the several officers of this 
State, authorized by law to hold elections for members of the general 
lissembly, to open and hold an election, at the places of holding elec- 
tions for members to the general assembly, in their respective coun- 
ties, on the first Thursday and Friday in March next, for the purpose 
of receiving the votes of such qualified voters as may desire to vote 
for the adoption or rejection of this amended constitution: Provided, 
That no person shall be deemed a qualified voter in said election 
except such as are included within the provisions of the first section 
of the fourth article of this amended constitution. 

II. Ordered, That it shall be the duty of said returning officers in 
each county in this State to prepare poll-books, which shall be opened 
on said days of election, and in which shall be enrolled the name of 
each voter by the assistance of clerks, who shall be appointed and 
sworn as clerks in other elections. Said officers shall prepare a bal- 
lot-box, in which shall be placed the ticket of each voter. Each ticket 
shall have written thereon the words " I ratify the amended consti- 
tution ; " or, if the voter is opposed to it, " I reject the amended 
constitution; " or the words " Ratification " or " Rejection,'' or some 
such words as will distinctly convey the intention of the voter. The 
justices of the several county courts in this State, at some time pre- 
vious to the day of said election, shall appoint three inspectors for 
each precinct, and in case of failure of the courts to appoint in- 
spectors, then said returning officers shall appoint them. It shall be 
the duty of said returning officers, in presence of the said inspectors, 
to count the votes given for the ratification and rejection of the con- 
stitution, of which they shall keep a true and correct estimate in said 
poll-book. Said returning officer shall deposit the original poll-books 
of said election with the clerk of the county court in their respective 
counties, and shall, within five days after said election, make out 



3442 Tennessee— 1834 

duplicate statements of the number of votes in their respective coun- 
ties for ratifying and rejecting the constitution, and shall forward 
by mail one of said certificates to the governor, one to the secretary 
of state, and shall likewise deposit one with the clerk of the county 
court. It shall be the duty of said several clerks carefully to examine 
the said poll-books, and forthwith to certify to the secretary of state 
a full, true, and perfect statement of the number of votes taken for 
and against the constitution, as appears from the poll-books filed in 
their office. Should said returning officers, or any of them, fail to 
make returns in due time, as above directed, the secretary of state 
shall then be authorized to despatch a special messenger for the pur- 
pose of obtaining a certified copy of the result of said elections. 

III. Ordered, That upon the receipt of the said returns it shall be 
the duty of the governor, secretary of state, and any one of the judges 
of the supreme court, or any two of the said named officers, to com- 
pare the votes given in said election for the ratification and rejection 
of the amended constitution ; and if it shall appear from said returns 
that a majority of all the votes given in said election is for ratifying 
the amended constitution, then it shall be the duty of the governor 
forthwith to make proclamation of that fact, and thenceforth this 
amended constitution shall be ordained and established as the con- 
stitution of the State of Tennessee. It shall moreover be the duty 
of the governor, in and by said proclamation, to command the sheriffs 
and other officers directed by law to hold and superintend elections, to 
open the polls of elections at the places of holding elections for mem- 
bers of the general assembly in their respective counties, on the first 
Thursday in August, one thousand eight hundred and thirty-five, for 
the purpose of electing a governor and for the election of senators and 
representatives to the general assembly of this State from the several 
districts and counties, as mentioned and described in this ordinance, 
at which times and places elections shall also be held for members of 
Congress, and said officers shall make returns of said elections under 
the same rules and regulations as are now required by the existing 
laws ; and it shall be the duty of the secretary of state to record the 
returns made from each county or district, and the result of said elec- 
tion, in a bound book to be preserved in his office. 

IV. Be it further ordered, That if any sheriff or other acting officer 
shall fail, within the time prescribed by this ordinance, to discharge 
any of the duties hereby required, such sheriff or other returning 
officer so failing as aforesaid shall forfeit and pay the sum of five 
thousand dollars, to be recovered by action of debt in any of the courts 
of record in this State, to be sued for in the name of the governor for 
the use and benefit of common schools. 

V. Be it further ordered, That until the first enumeration and 
apportionment of representation, in one thousand eight hundred and 
forty-one, as directed by the amended constitution, the following dis- 
tricts shall be formed!* each of which shall elect one senator, and the 
polls of election shall be compared at the several places herein men- 
tioned on the first Monday succeeding the day of election, to wit : 

The counties of Carter, Sullivan, and Washington shall form one 
district ; and the polls shall be compared in the town of Jonesborough. 

The counties of Greene and Hawkins shall compose one district; 
and the polls shall be compared in the town of Greenville. 



Tennessee— 1834 3443 

The counties of Cocke, Sevier, Jefferson, and Blount shall form one 
district ; and the polls shall be compared in the town of Sevierville. 

The counties of Grainger, Claiborne, Campbell, Anderson, and 
Morgan shall compose one district; and the polls shall be compared 
at the house of Robert Glenn, esq., in Campbell County. 

The counties of Knox and Roane shall form one district; and the 
polls shall be compared at Campbell's Station. 

The counties of Munroe and McMinn shall compose one district ; 
and the polls shall be compared in the town of Athens. 

The counties of Rhea, Bledsoe, Marion, and Hamilton shall com- 
pose one district ; and the polls shall be compared at the town of 
Dallas. 

The counties of Warren and Franklin shall compose one district ; 
and the polls shall be compared at Hillsborough. 

The counties of Overton, Jackson, Fentress, and White shall com- 
pose one district; and the polls shall be compared at Livingston. 

The counties of Lincoln and Giles shall compose one district ; ,and 
the polls shall be compared at the house of John Kennedy. 

The counties of Smith and Sumner shall compose one district ; and 
the polls shall be compared at Hartsville. 

The county of Bedford shall compose one district ; and the polls 
shall be compared at Shelbyville. 

The county of Maury shall compose one district ; and the polls shall 
be compared in Columbia. 

The county of Rutherford shall compose one district; and the polls 
shall be compared in Murfreesborough. 

The county of Davidson shall compose one district ; and the polls 
shall be compared in the city of Nashville. 

The county of Williamson shall compose one district; and the polls 
shall be compared in the town of Franklin. 

The counties of Lawrence, Wayne, and Hickman shall compose one 
district ; and the polls shall be compared at Catron and Napier's 
Furnace. 

The counties of Dickson, Stewart, and Humphreys shall compose 
one district ; and the polls shall be compared at Simmons's old place 
on Yellow Creek. 

The counties of Robertson and Montgomery shall compose one dis- 
trict ; and the polls shall be compared at Port Royal. 

The county of Wilson shall compose one district ; and the polls shall 
be compared in Lebanon. 

The counties of Hardeman, Fayette, and Shelby shall compose one 
district ; and the polls shall be compared in Sommerville. 

The counties of Madison, Haywood, and Tipton shall compose one 
district ; and the polls shall be compared in Brownsville. 

The counties of Carroll, Gibson, and Dyer shall compose one dis- 
trict; and the polls shall be compared in Trenton. 

The counties of Henry, Weakley, and Obion shall compose one dis- 
trict; and the polls shall be compared in Dresden. 

The counties of Henderson, Perry, McNairy, and Hardin shall 
compose one district ; and the polls shall be compared at the house of 
James Wright, in Hardin County. 

And until said enumeration and apportionment of one thousand 
eight hundred and forty-one, the counties of Carter, Sullivan, Wash- 



3444 Tennessee— 1834 

ington, Greene, Hawkins, Cocke, Sevier, Jefferson, Blount, Grainger, 
Claiborne, Knox, Roane, Monroe, McMinn, Rhea, and Bledsoe shall 
each elect one representative; and the polls shall be compared at their 
respective court-houses. 

The counties of Sullivan and Hawkins shall jointly elect one repre- 
sentative; and shall compare the polls at Kingsport. 

The counties of Greene and Washington shall jointly elect one 
representative; and the polls shall be compared at the house of Joshua 
Royston, esq. 

The counties of Knox and Roane shall jointly elect one representa- 
tive; and the polls shall be compared at Campbell's Station. 

The counties of Monroe and McMinn shall jointly elect one repre- 
sentative; and the polls shall be compared at Athens. 

The counties of Campbell, Anderson and Morgan shall jointly elect 
two representatives; and the polls shall be compared at the house of 
James Ross, esq., in .Anderson County. 

The counties of Marion and Hamilton shall jointly elect one repre- 
sentative; and the polls shall be compared at Dallas. 

The counties of Warren, Franklin, Bedford, Lincoln, Giles, Maury, 
Rutherford, Williamson, Davidson. Wilson, Smith, and Sumner shall 
each elect two representatives; and the polls shall be compared at 
their respective court-houses. 

The counties of Lawrence, Wayne, Hickman, Dickson, Humphreys, 
Montgomery, Stewart, Robertson, Overton, Jackson, Fentress, White, 
Hardin, McNairy, Hardeman, Fayette, Shelby, Perry, Henderson, 
Madison, Haywood, Tipton, Carroll. Gibson, Henry, and Weakley 
shall each elect one representative ; and the polls shall be compared at 
their respective court-houses. 

The counties of Obion and Dyer shall jointly elect one representa- 
tive; and the polls shall be compared at the house of William Terrel, 
esq., in Dyer County. 

The returns of the elections for representatives shall be made at the 
several places herein pointed out, on the first Saturday succeeding the 
day of election. 

William B. Carter, President* 

William K. Hill, Secretary. 

AMENDMENTS TO THE CONSTITUTION OF 1834 

(Ratified November 3, 1853)* 

Art. VI. Sec. 3. The judges of the supreme court shall be elected 
by the qualified voters of the State at large, and the judges of such 
inferior courts as the legislature may establish shall be elected by the 
qualified voters residing within the bounds of any district or circuit 
to which such inferior judge or judges, either of law or equity, may 
be assigned by ballot, m the same manner that members of the general 
assembly are elected. Courts may be established to be holden by 
justices of the peace. Judges of the supreme court shall be thirty- 
five years of age, and shall be elected for the term of eight years. 

♦Acts of Tennessee, Nashville: McKennie and Brown, Printers to the State, 
1854, p. 293. 



Tennessee— 1834 3445 

Sec. 4. The judges of such inferior courts as the legislature may 
establish shall be thirty years of age, and shall be elected for the term 
of eight years. 

Sec. 5. An attorney-general for the State shall be elected by the 
qualified voters of the State at large, and the attorney for the State 
for any circuit or district to which a judge of an inferior court may 
be assigned shall be elected by the qualified voters within the bound's 
of such district or circuit, in the same manner that members of the 
general assembly are elected ; all said attorneys, both for the State 
and circuit or district, shall hold their offices for the term of six 
years. In all cases where the attorney for any district fails or refuses 
to attend and prosecute according to law, the court shall have power 
to appoint an attorney pro tempore. 

(Ratified November .'5, 1853)* 

The legislature shall appoint a day for holding the election of 
judges and attorneys-general, separate and apart from the days 
already prescribed or hereafter to be prescribed by the legislature for 
holding the elections for State and county officers. 

(Ratified February 22, 18GG)« 

Article I. Section 1. That slavery and involuntary servitude, ex- 
cept as a punishment for crime, whereof the party shall have been 
duly convicted, are hereby forever abolished and prohibited through- 
out the State. 

Sec. 2. The legislature shall make no law recognizing the right of 
property in man. 

SCHEDULE 

Section 1. Section thirty-one of the second article of the constitu- 
tion, which is as follows: "The general assembly shall have no 
power to pass laws for the emancipation of slaves, without the con- 
sent of their owner or owners," is hereby abrogated. 

Sec. 2. " The declaration of independence and ordinance dissolving 
the federal relations between the State of Tennessee and the United 
States of America." passed and promulgated by the legislature of 
Tennessee on the 6th day of May. 1861, by which the State was de- 
clared separated from the Federal Union, and all laws and ordinances 
by which Tennessee became a member of the Federal Union, annulled 
and abrogated, was in like manner an act of treason and usurpation, 
unconstitutional, null, and void. 

Sec. 3. The convention, agreement, and military leagues entered 
into by the commissioners of the State of Tennessee and the commis- 
sioners of the so-called Confederate States of America, made May 7, 
1861. and on the same day ratified and confirmed by the legislature, 
was an act of treason and usurpation, unconstitutional, null, and void. 

* See Acts of Tennessee. Nashville, McKennie and Brown. Printers to the 
State, 1854, p. 794. Also, for amendment of 186(3, see Acts of State of Tennes- 
see, 1865. p. xi. 

"These amendments were framed by a convention which assembled at Nash- 
ville January 9, 1865, and completed its labors January 26. 1865. They were 
submitted to the people February 22, 1865, and ratified by 21,104 votes against 
46 votes. 

7254— vol 6—09 17 



3446 Tennessee— 1834 

Sec. 4. No statute of limitations shall be held to operate from and 
after the 6th day of May, 1861, until such time hereafter as the legis- 
lature may prescribe, nor shall any writ of error be refused, or abated 
in any cause, or suit decided since the 6th day of May, 1861, and prior 
to this time, by reason of any lapse of time. And in all actions for 
torts brought, or which may hereafter be brought in the courts of this 
State by attachment levied upon the property of the defendant, the 
court shall have power to proceed to judgment and collection of- the 
same, as upon contracts, without personal service of process upon the 
defendant, until the legislature may see fit to change the law in such 
cases. 

Sec. 5. All laws, ordinances, and resolutions, as well as all acts done 
in pursuance thereof, under the authority of the usurped State gov- 
ernment after the declared independence of the State of Tennessee, on 
or after the 6th day of May, 1861, were unconstitutional, null, and 
void from the beginning: Provided, That this section shall not be 
construed as to effect any judicial decisions made by the State courts 
held at times differing from those provided by law prior to May 6, 
1861 ; said judicial decisions being made pursuant to the laws of the 
State of Tennessee enacted previous to said date, and between parties 
present in courts and litigating their rights. 

Sec. 6. All laws, ordinances, and resolutions of the usurped State 
governments, passed on or after the 6th day of May, 1861, providing 
for the issuance of State bonds, also all notes of the Rank of Tennes- 
see, or any of its branches, issued on or after the 6th day of May, 
1861, and all debts created or contracted in the name of the State by 
said authority, are unconstitutional, null, and void; and no legisla- 
ture shall hereafter have power to pass any act authorizing the pay- 
ment of said bonds or debts, or providing for the redemption of said 
notes. 

Sec. 7. All civil and military officers which have been or may here- 
after be appointed by the acting governor of the State, are hereby 
ratified and affirmed, and they shall continue to hold and exercise the 
functions of their respective offices; until their successors shall be 
elected or appointed and qualified as prescribed by the laws and con- 
stitution of the State and United States. 

Sec. 8. That the proposed amendments to the constitution, and the 
schedule thereto, be submitted to the people at the ballot-box, on the 
22d day of February next, and that upon the adoption thereof, by the 
people, an election shall be held on the 4th day of March next for 
governor and members of the legislature, the latter to be voted for 
by general ticket, upon the basis prescribed in the act apportioning 
representation in the State, passed on the 19th day of February, 1852, 
to assemble at the capitol on the first Monday in April next, said 
officers to continue in office until their successors shall be elected and 
qualified, under the regular biennial election of 1867: Provided, That 
said apportionment be so modified as to give to the counties of John- 
son, Carter, Campbell, Anderson, Union, Sevier, Macon, and Han- 
cock each one member; and the district composed of the counties of 
Fentress, Morgan, Scott, and Cumberland one additional member in 
the house of representatives. 

Sec. 9. The qualifications of voters and the limitation of the elect- 
ive franchise may be determined by the general assembly which shall 
first assemble under the amended constitution. 



Tennessee— 1834 3447 

RESOLUTIONS 

Resolved, That at the election in February, those in favor of the 
foregoing amendments and schedule shall deposit a ballot, on which 
shall be written "Ratification;" and those who are opposed shall 
deposit a ballot, on which shall be written " Rejection.'' 

Resolved, That when the above amendments of the constitution of 
the State of Tennessee shall be submittted to the people of the State 
for their ratification or rejection, and at the first election held under 
said constitution as amended, if ratified by the people, no person shall 
be permitted to vote unless he first take the following oath at the 
polls. And the name of each voter shall be written upon the back 
of his ticket, and it shall be the duty of the judges and clerks of said 
election to preserve said tickets and file them with the clerks of the 
county courts of their respective counties for future reference : Pro- 
dded, That this oath shall not be required of the citizens who are 
well known to the judges of the election to have been unconditional 
Union men: Provided also. That voters otherwise qualified may vote 
within any county of the State, and, if in the military service, wher- 
ever they may be on the day of election : and that the commanding 
officer of each regiment, battalion, detachment, battery, or hospital is 
empowered to hold such election. 



I solemnly swear that I will henceforth support the Constitution 
of the United States, and defend it against the assaults of all its ene- 
mies; that I am an active friend of the Government of the United 
States, and the enemy of the so-called Confederate States; that I 
ardently desire the suppression of the present rebellion against the 
Government of the United States: that I sincerely rejoice in the tri- 
umph of the armies and navies of the United States, and in the 
defeat and overthrow of the armies, navies, and of all armed combi- 
nations in the so-called Confederate States; that I will cordially 
oppose all armistices or negotiations for peace with rebels in arms, 
until the Constitution of the United States, and all laws and procla- 
mations made in pursuance thereof, shall be established over all the 
people of every State and Territory embraced within the national 
Union ; and that I will heartily aid and assist the loyal people in 
whatever measures may be adopted for the attainment of those end-: 
and further, that I take this oath freely and voluntarily and without 
mental reservation: So help me God." 

Resolved, That the returns of this election shall be made to the sec- 
retary of state, and the result be declared by the proclamation of the 
acting governor. 

Resolved, That the convention do nominate and offer to the people 
a candidate for governor, and that the delegates from the several 
senatorial and representative districts be requested to nominate and 
present to the convention candidates for their respective districts, to 
be placed upon the general legislative ticket: Provided, If the Union 
people of any district shall desire to make another selection, that they 
have opportunity to do so. 



3448 Tennessee— 1870 

Resolved) That it shall be the duty of the executive committee to 
fill all vacancies that may occur in the list of candidates and officers 
for holding elections solicited by the convention. 

Resolved, That the names of such as may be selected shall be for- 
warded to the chairman at Nashville, on or before the 10th day of 
February next, when the chairman shall publish the complete list in 
the papers of the State. 



CONSTITUTION OF TENNESSEE— 1870 * " 

PREAMBLE AND DECLARATION OF RIGHTS 

Whereas the people of the territory of the United States south of 
the River Ohio, having the right of admission into the general gov- 
ernment as a member State thereof, consistent with the Constitution 
of the United States and the Act of cession of the State of North 
Carolina, recognizing the ordinance for the government of the terri- 
tory of the United States northwest of the Ohio River, by their dele- 
gates and representatives in convention assembled, did, on the sixth 
day of February, in the year of our Lord one thousand seven hundred 
and ninety-six, ordain and establish a Constitution, or form of gov- 
ernment, and mutually agreed with each other to form themselves 
into a free 1 and independent State by the name of the State of Ten- 
nessee; and 

Whereas the General Assembly of the said State of Tennessee (pur- 
suant to the third section of the tenth Article of the Constitution), 
by an Act passed on the twenty-seventh day of November, in the 
year of our Lord one thousand eight hundred and thirty-three, 
entitled "An Act " to provide for the calling of a convention, passed 
in obedience to the declared will of the voters of the State, as ex- 
pressed at the general election of August, in the year of our Lord 
one thousand eight hundred and thirty-three, did authorize and pro- 
vide for the election, by the people, of delegates and representatives. 
to meet at Nashville, in Davidson County, on the third Monday in 
May, in the year of. our Lord one thousand eight hundred and thirty- 
four, for the purpose of revising and amending, or changing, the 
Constitution, and said convention did accordingly meet and form a 
Constitution, which was submitted to the people, and was ratified 
by them, on the first Friday in March, in the year of our Lord one 
thousand eight hundred and thirty-five; and 

Whereas the General Assembly of the said State of Tennessee, 
under and in virtue of the first section of the first Article of the 
Declaration of Rights, contained in and forming a part of the exist- 
ing Constitution of the State, by an Act passed on the fifteenth day 



* Verified from " The Constitution of the State of Tennessee. Adopted in Con- 
vention at Nashville, February 23, A. D. 1870. Printed under Authority of 
Senate Joint Resolution No. 2, Fifty-second General Assembly. Nashville, Tenn, 
Foster, Webb & Parkes Print, 1906." 52 pp. 

"Adopted in convention at Nashville. February 23, A. D. 1870. This is an 
exact copy of the Constitution of 1870. The language and punctuation of that 
Instrument are given verbatim et literatim, with the exception of words in 
brackets, which are inserted as explanatory of words used, and with the excep- 
tion of the italic index line at the beginning of each section. 



Tennessee— 1870 3449 

of November, in the year of our Lord one thousand eight hundred 
and sixty-nine, did provide for the calling of a convention by the 
people of the State, to meet at Nashville, on the second Monday in 
January, in the year of our Lord one thousand eight hundred and 
seventy, and for the election of delegates for the purpose of amend- 
ing or revising the present Constitution, or forming and making a 
new Constitution; and 

Whereas the people of the State, in the mode provided by said Act, 
have called said convention and elected delegates to represent them 
therein ; now, therefore, we, the delegates and representatives of the 
people of the State of Tennessee, duly elected, and in convention 
assembled, in pursuance of said Act of Assembly, have ordained and 
established the following Constitution and form of government for 
this State, which we recommend to the people of Tennessee for their 
ratification — that is to say : 

Article I 

DECLARATION OF RIGHTS 

Section 1. All power inherent in flic people; government under 
their control. — That all power is inherent in the people, and all free 
governments are founded on their authority, and instituted for their 
peace, safety, and happiness; for the advancement of those ends, they 
have at all times an unalienable and indefeasible right to alter, re- 
form, or abolish the government in such manner as they may think 
proper. 

Sec. 2. Doctrine of nonresistance condemned. — That government 
being instituted for the common benefit, the doctrine of nonresistance 
against arbitrary power and oppression is absurd, slavish, and de- 
structive of [" to " in Constitution of 1796] the good and happiness 
of mankind. 

Sec 3. Right of worship free. — That all men have a natural and 
indefeasible right to worship Almighty God according to the dictates 
of their own conscience; that no man can, of right, be compelled to 
attend, erect, or support any place of worship, or to maintain any 
minister, against his consent: that no human authority can, in any 
case whatever, control or interfere with the rights of conscience ; and 
that no preference shall ever be given, by law, to any religious estab- 
lishment or mode \ L ' modes " in Constitution of 1796] of worship. 

Sec 4. No religions or political test. — That no political or religious 
test, other than an oath to support the Constitution of the United 
States and of this State, shall ever be required as a qualification to 
any office or public trust under this State. 

Sec 5. Elections to be free and equal; right of suffrage declared. — 
That elections shall be free and equal, and the right of suffrage, as 
hereinafter declared, shall never be denied to any person entitled 
thereto, except upon a conviction by a jury of some infamous crime, 
previously ascertained and declared by law, and judgment thereon by 
court of competent jurisdiction. 

Sec 6. Trial by jury. — That the right of trial by jury shall remain 
inviolate, and no religious or political test shall ever be required as a 
qualification for jurors. 



3450 Tennessee— 1870 

Sec 7. People to be free from searches, seizures, and f/eneral war- 
rants. — That the people shall be secure in their persons, houses, 
papers, and possessions, from unreasonable searches and seizures; 
and that general warrants, whereby an officer may be commanded to 
search suspected places, without evidence of the fact committed, or to 
seize any person or persons not named, whose offenses are not par- 
ticularly described and supported by evidence, are dangerous to lib- 
erty, and ought not to be granted. 

Sec. 8. No free iii (i ii to be disturbed but by lair. — That no man 
shall be taken or imprisoned, or disseized of his freehold, liberties, or 
privileges, or outlawed, or exiled, or in any manner destroyed or .de- 
prived of his life, liberty, or property, but by the judgment of his 
peers or the law of the land. 

Sec. 9. Rigid of the (/reused in criminal prosecutions. — That m all 
criminal prosecutions the accused hath the right to be heard by him- 
self and his counsel ; to demand the nature and cause of the accusa- 
tion against him, and to have a copy thereof, to meet the witnesses 
face to face, to have compulsory process for obtaining witnesses in his 
favor, and, in prosecution by indnctment or presentment, a speedy 
public trial, by an impartial jury of the county [" countv or district " 
in Constitutions of 1796 and 1831.— 1 Cold., 338, 31:2] 'in which the 
crime shall have been committed, and shall not be compelled to give 
evidence against himself. 

Sec. 10. Not to be put tivice in jeopardy. — That no person shall, 
for the same offense, be twice put in jeopardy of life or limb. 

Sec 11. No ex post facto laws. — That laws made for the punish- 
ment of acts ["facts" in Constitution of 1796] committed previous 
to the existence of such laws, and by them only declared criminal, 
are contrary to the principles of a free government ; wherefore no ex 
post facto law shall be made. 

Sec 12. No corruption of blood or forfeiture of estates; no 
deodands. — That no conviction shall work corruption of blood or 
forfeiture of estate. The estate of such persons as shall destroy 
their own lives shall descend or vest as in case of natural death. If 
any person be killed bj^ casualty, there shall be no forfeiture in con- 
sequence thereof. 

Sec 13. No unnecessary rigor. — That no person arrested and [" or " 
in Constitution of 1796] confined in jail shall be treated with un- 
necessary rigor. 

Sec 14. Crimes punished by presentment, etc. — That no person 
shall be put to answer any criminal charge but by presentment, in- 
dictment [" that no freeman," etc., in Constitution of 1796. Art. XT, 
sec. 14, and Constitution of 1834, Art. I, sec. 14], or impeachment. 

Sec 15. What offenses bailable; pi^ivilege of habeas corpus. — That 
all prisoners shall be bailable by sufficient sureties, unless for capital 
offenses, when the proof is evident, or the presumption great. And 
the privilege of the writ of habeas corpus shall not be suspended, 
unless when, in case of rebellion or invasion, the General Assembly 
shall declare the public safety requires it. 

Sec. 16. Excessive bail, fines, etc. — That excessive bail shall not be 
required, nor excessive fines imposel, nor cruel and unusual punish- 
ments inflicted. 

Sec 17. Courts shall be open; redress of injuries; suits against 
the State. — That all courts shall be open; and every man, for an 



Tennessee— 1870 3451 

injury done him in his lands, goods, person, or reputation, shall have 
remedy by due course of law, and right and justice administered 
without sale, denial, or delay. Suits may be brought against the 
State in such manner and in such courts as the Legislature may by 
law direct. 

Sec. 18. No imprisonment for debt. — The Legislature shall pass no 
law authorizing imprisonment for debt in civil cases. 

Sec. ID. Printing presses free; freedom, of speech, etc., secured. — 
That the printing presses shall be free to every person [" who under- 
takes " in Constitutions of 1T9G and 1834] to examine the proceedings 
of the Legislature, or of any branch or officer of the government ; and 
no law shall ever be made to restrain the right thereof. 

The free communication of thoughts and opinions is one of the in- 
valuable rights of man, and every citizen may freely speak, write, and 
print on any subject, being responsible for the abuse of that liberty. 
But in prosecutions for the publication [" publications " in Constitu- 
tion of 1796] of papers investigating the official conduct of officers, 
or men in public capacity, the truth thereof may be given in evidence; 
and in all indictments for libel, the jury shall have the right to deter- 
mine the law and the facts, under the direction of the court, as in 
other criminal [" criminal " not in Constitution of 1790] cases. 

Sec. 20. No retrospective law, etc. — That no retrospective law, or 
law impairing the obligations of contracts, shall be made. 

Sec 21. No man's services or property taken without consent or 
compensation. — That no man's particular services shall be demanded, 
or property taken, or applied to public use, without the consent of 
his representatives, or without just compensation being made therefor. 

Sec- 22. No perpetuities or monopolies. — That perpetuities and 
monopolies are contrary to the genius of a free State, and shall not be 
allowed. 

Sec. 23. People may assemble and instruct. — That the citizens have 
a right, in a peaceable manner, to assemble together for their common 
good, to instruct their representatives, and to apply to those invested 
with the powers of government for redress of grievances, or other 
proper purposes, by addresses or remonstrance. 

Sec 24. Militia; military subordinate to civil authority. — That the 
sure and certain defense of a free people is a well-regulated militia ; 
and as standing armies in time of peace are dangerous to freedom, 
they ought to be avoided as far as the circumstances and safety of the 
community will admit ; and that in all cases the military shall be kept 
in strict subordination to the civil authority. 

Sec 25. Punishment under martial and military law. — That no 
citizen of [" in " in Constitution of 1796] this State, except such as 
are employed in the army of the United States, or militia in actual 
service, shall be subjected to punishment under the martial or militarv 
'["or military" not in Constitution of 1796 and 1834] law [the 
remainder of this section was not in the Constitutions of 1796 and 
1834] ; that martial law, in the sense of the unrestricted power of 
military officers, or others, to dispose of the persons, liberties, or prop- 
erty of the citizen, is inconsistent with the principles of free govern- 
ment, and is not confided to any department of the government of 
this State. 

Sec 26. Right to bear arms; Legislature to regulate wearing of 
arms. — That the citizens [ u freemen " in Constitution of 1796, and 



3452 Tennessee— J 870 

" free white men " in Constitution of 1834] of this State have a right 
to keep and to bear arms for their common defense | the remainder of 
this section was not in the Constitutions of 179C> and 1834] ; but the 
Legislature shall have the power, by law, to regulate the wearing of 
arms with a view to prevent crime. . 

Sec. 27. Quartering soldiers. — That no soldier shall, in time of 
peace, be quartered in any house without the ["the 1 ' not in the Con- 
stitution of 1796] consent of the owner; nor in time of war, but in a 
manner prescribed by law. 

Sec. 28. No one compelled to hear units. — That no citizen of this 
State shall be compelled to bear arms, provided he will pay an equiv- 
alent, to be ascertained by law. 

Sec. 29. Navigation of the Mississippi. — That an equal participa- 
tion in [" of' in Constitutions of 1796 and 1834] the free navigation 
of the Mississippi is one of the inherent rights of the citizens of this 
State; it cannot, therefore, be conceded to any prince, potentate, 
power, person, or persons whatever. 

Sec 30. No hereditary honors. — That no hereditary emoluments, 
privileges, or honors shall ever be granted or conferred in this State. 

Sec. 31. Boundaries of the State. — That the limits and boundaries 
of this State be ascertained, it is declared they are as hereafter men- 
tioned — that is to say : Beginning on the extreme height of the Stone 
Mountain, at the place where the line of Virginia intersects it, in lati- 
tude thirty-six degrees and thirty minutes north ; running thence 
along the extreme height of the said mountain, to the place where 
Watauga River breaks through it; thence a direct course to the top 
of the Yellow Mountain, where Bright's road crosses the same ; thence 
si long the ridge of said mountain, between the waters of the Doe 
River and the waters of Rock Creek, to the place where the road 
crosses the Iron Mountain ; from thence along the extreme height of 
said mountain, to the place where Nolichucky River runs through the 
same; thence to the top of the Bald Mountain; thence, along the 
extreme height of said mountain to the Painted Rock, on French 
Broad River; thence along the highest ridge of said mountain, to the 
place where it is called the Great Iron, or Smoky, Mountain ; theiice 
along the extreme height of said mountain, to the place where it is 
called Unicoi, or Unaka, Mountain, between the Indian towns of 
Cowee and Old Chota ; thence along the main ridge of the said moun- 
tain, to the southern boundary of this State, as described in the Act of 
cession of North Carolina to the United States of America ; and that 
all the territory, lands, and waters lying west of said line, as before 
mentioned, and contained within the chartered limits of the State of 
North Carolina, are within the boundaries and limits of this State, 
over which the people have the right of exercising sovereignty, and 
the right of soil, so far as is consistent with the Constitution of the 
United States, recognising the Articles of Confederation, the Bill of 
Rights, and Constitution of North Carolina, the cession Act of the 
said State, and the ordinance of [" the late " in Constitution of 1790] 
Congress for the government of the territory northwest of the Ohio ; 
Provided, nothing herein contained shall extend to affect the claim or 
claims of individuals to any part of the soil which is recognized to 
them by the aforesaid cession Act [the remainder of this section is not 
in the Constitution of 1796] ; And provided also, that the limits and 
jurisdiction of this State shall extend to any other land and territory 



Tennessee— 1 870 3453 

now acquired, or that may hereafter be acquired, by compact or agree- 
ment with other States, or otherwise, although such land and terri- 
tory are not included within the boundaries hereinbefore designated. 

Sec. 32. Prisons. — That the erection of safe and comfortable pris- 
ons, the inspection of prisons, and the humane treatment of prisoners 
i-Jiall be provided for. 

Sec. 33, Slavery prohibited. — That slavery and involuntary servi- 
tude, except as ;i punishment for crime, whereof the party shall have 
been duly convicted, are forever prohibited in this State. 

Sec. 34. Right of property in man. — The. General Assembly shall 
make no law recognizing the right of property in man. 

Article II 

DISTRIBUTION OF POWERS 

Section 1. Division of powers. — The powers of the government 
shall be divided into three distinct departments : the Legislative, Ex- 
ecutive, and Judicial. 

Sec 2. N'o pt rson to exercise powers of more than one depart- 
ment. — Xo person, or persons, beloning to one of these departments 
shall exercise any of the powers properly belonging to either of the 
others, except in the cases herein directed or permitted. 

LEGISLATIVE DEPARTMENT 

Sec. 3. Legislative authority; term of office. — The legislative au- 
thority of this State shall be vested in a General Assembly, which 
shall consist of a Senate and House of Representatives, both depend- 
ent on the people [the remainder of this section originated with this 
Constitution] ; who shall hold their offices for two years from the 
day of the general election. (Art. L, sec. 1, of Constitution of 1796.) 

Sec. 4. Census-. — -An enumeration of the qualified voters, and an 
apportionment of the Representatives in the General Assembly, shall 
be made in the year one thousand eight hundred and seventy-one 
[" 1841 " in Constitution of 1834], and within every subsequent term 
of ten years. 

Sec. 5. Apportionment of Representnti res. — The number of Rep- 
resentatives shall, at the several periods of making the enumeration, 
be apportioned among the several counties or districts, according to 
the number of qualified voters in each ; and shall not exceed seventy- 
five until the population of the State shall be one million and a half, 
and shall never | " thereafter " in Constitution of 1834] exceed ninety- 
nine; Provided, that any county having two-thirds of the ratio shall 
be entitled to one member. 

Sec 6. Apportionment of Senators. — The number of Senators shall, 
at the several periods of making the enumeration, be apportioned 
among the several counties or districts, according to the number of 
qualified voters in each, and shall not exceed one-third the number of 
representatives. In apportioning the Senators among the different 
counties the fraction that may be lost by any county or counties, in 
the apportionment of members to the House of Representatives, shall 
be made up to such county or counties in the Senate, as near as may 
be practicable. When a district is composed of two or more counties, 



3454 Tennessee— 1870 

they shall be adjoining; and no county shall be divided in forming a 
district. 

Sec. 7. Time of elections. — The first election for Senators and Rep- 
resentatives shall be held on the second Tuesday in November, one 
thousand eight hundred and seventy; and forever thereafter, elec- 
tions for members of the General Assembly shall be held once in 
two years, on the first Tuesday after the first Monday in November. 
Said elections shall terminate the same day. 

Sec. 8. When Legislature to meet • when Governor to he inaugu- 
rated. — The first session of the General Assembly shall commence- on 
the first Monday in October, one thousand eight hundred and seventy- 
one, at which time the term of service of the members shall commence, 
and expire on the first Tuesday of November, one thousand eight 
hundred and seventy-two, at which session the Governor elected on 
the second Tuesday in November, one thousand eight hundred and 
seventy, shall be inaugurated; and forever thereafter, the General 
Assembly shall meet on the first Monday in January next ensuing 
the election, at which session thereof the Governor shall be inaugu- 
rated. 

Sec. 9. Qualifications of Represent at) 'res. — No person shall be a 
Representative unless he shall be a citizen of the United Stales, of 
the age of twenty-one years, and shall have been a citizen of this 
State for three years, and a resident in the county he represents one 
year, immediately preceding the election. 

Sec. 10. Of Senators; ineligible to office. — No person shall be a 
Senator unless he shall be a citizen of the United States, of the age of 
thirty years, and shall have resided three years in this State, and one 
year in the county or district, immediately preceding the election. 
No Senator or Representative shall, during the time for which he was 
elected, be eligible to any office or place of trust, the appointment to 
w r hich is vested in the Executive or the General Assembly, except to 
the office of trustee of a literary institution. 

Sec. 11. Powers of each house; quorum ; adjournments from day to 
day. — The Senate and House of Representatives, when assembled, 
shall each choose a Speaker and its other officers, be judges of the 
qualifications and election of its members, and sit upon its own 
adjournments from day to day. Not less than two-thirds of all the 
members to which each house shall be entitled [" two-thirds of each 
house " in Constitutions of 1796 and 1834] shall constitute a quorum 
to do business; but a smaller number may adjourn from day to day, 
and may be authorized by law 7 to compel the attendance of absent 
members. (Art. I., sec. 8, of Constitution of 1796.) 

Sec. 12. Each house to make its own rules. — Each house may deter- 
mine the rules of its proceedings, punish its members for disorderly 
behavior, and, with the concurrence of two-thirds, expel a member, 
but not a second time "for the same offense ; and shall have all other 
powers necessary for a branch of ["" a branch of " not in Constitution 
of 1796] the Legislature of a free State. (Art. I., sec. 9, Constitu- 
tion of 1796.) 

Sec. 13. Privilege of members. — Senators and Representatives shall, 
in all cases, except treason, felony, or breach of the peace, be priv- 
ileged from arrest during the session of the General Assembly, and in 
going to and [" or " in Constitution of 1796] returning from the 



Tennessee— 1870 3455 

same ; and for any speech or debate in either house, they shall not be 
questioned in any other place. (Constitution of 1796, Art. I., sec. 10.) 

Sec. 14. Power to punish other than members. — Each house may 
punish, by imprisonment, during its session, any person not a mem- 
ber, who shall be guilty of disrespect to the house, by any disorderly 
or any ["any" not in Constitution of 1796 and 1834] contemptuous 
behavior in its presence. (Constitution of 1796, Art. I., sec. 11.) 

Sec. 15. Vacancies. — When vacancies happen in either house, the 
Governor, for the time being, shall issue writs of election to fill such 
vacancies. (Constitution of 1796, Art. I., sec. 12.) 

Sec. 16. Limitation upon power of adjournment. — Neither house 
shall, during its [ kt their " in Constitution of 1796] session, adjourn 
without the [" the " not in Constitution of 1796] consent of the other 
for more than three days, nor to any other place than that in which 
the two houses shall be sitting. (Constitution of 1796, Art. I., 
sec. 13.) 

Sec. 17. Origin and frame of bills. — Bills may originate in either 
house; but may be amended, altered, or rejected by the other. [The 
remainder of this section originated with this Constitution.] No bill 
shall become a law which embraces more than one subject, that subject 
to be expressed in the title. All acts which repeal, revive, or amend 
former laws shall recite in their caption, or otherwise, the title or sub- 
stance of the law repealed, revived, or amended. (Constitution of 
1796, Art. I., sec. 14.) 

Sec 18. Of passage of bills. — Every bill shall be read once, on three 
different days, and be passed each time in the house where it origi- 
nated, before transmission to the other. Xo bill shall become a law 
until it shall have been read and passed, on three different days in 
each house, and shall have received, on its final passage in each house, 
the assent of a majority of all the members to which that house shall 
be entitled under this Constitution; and shall have been signed by 
the respective Speakers in open session, the fact of such signing to be 
noted on the journal; and shall have received the approval of the Gov- 
ernor, or shall have been otherwise passed under the provisions of 
this Constitution. 

Sec 19. When rejected. — After a bill has been rejected, no bill con- 
taining the same substance shall be passed into a law during the same 
session. (Constitution of 1796, Art. I., sec. 16.) 

Sec. 20. Style of laws; when to take effect. — The style of the laws 
of this State shall be, " Be it enacted by the General Assembly of the 
State of Tennessee. ," [The remainder of this section originated with 
this Constitution.] No law of a general nature shall take effect until 
forty days after its passage, unless the same or the caption shall state 
that the public welfare requires that it should take effect sooner. 
(Constitution of 1796, Art. I., sec. 17.) 

Sec 21. Journal of proceedings; ayes and noes. — Each house shall 
keep a journal of its proceedings, and publish it, except such parts as 
the welfare of the State may require to be kept secret ; the ayes and 
noes shall be taken in each house upon the final passage of every bill 
of a general character, and bills making appropriations of public 
moneys; and the ayes and noes of the members on any question shall, 
at the request of any five of them, be entered on the journal. 

Sec 22. Business open, unless, etc. — The doors of each house and of 
[" of " not in Constitution of 1796] committees of the whole shall be 



3456 Tennessee— 1870 

kept open, unless when the business shall be such as ought to be kept 
secret. (Constitution of 1706, Art. I., sec. 19.) 

Sec. 23. Compensation of members; number of days to be paid 
for; Senators, court of impeachment; per diem. — The sum of four 
dollars per clay, and four dollars for every twenty-five miles travel- 
ing to and from the seat of government, shall be allowed to the mem- 
bers of each General Assembly elected after the ratification of this 
Constitution, as a compensation for their services. But no member 
shall be paid for more than seventy-five days of a regular session, or 
for more than twenty days of any extra or called session, or for any 
day when absent from his seat in the legislature, unless physically 
unable to attend. The Senators, when sitting as a court of impeach- 
ment, shall each receive four dollars per day of actual attendance. 

,Sec. 24. Public money.— Xo money shall be drawn from the treas- 
ury but in consequence of appropriations made by law [the remainder 
of this section Avas not in the Constitution of 179G] ; and an accurate 
statement of the receipts and expenditures of the public money shall 
be attached to and published with the laws at the rise of each stated 
session of the General Assembly. (Constitution of 179G, Art. L, sec. 
21.) 

Sec. 25. Defaulters ineligible. — No person who heretofore hath 
been, or may hereafter be, a collector or holder of public moneys, shall 
have a seat in either house of the General Assembly, or hold any other 
office under the State Government, until such person shall have ac- 
counted for and paid into the treasury all sums for which he may be 
accountable or liable. (Constitution of 1796, Art. I., sec. 23.) 

Sec. 26. Certain officers ineligible; no one to hold tiro lucrative 
offices. — No judge of any court of law or equity, Secretary of State, 
attorney-general, register, clerk of any court of record, or person 
holding any office under the authority of the United States, shall have 
a seat in the General Assembly, nor shall any person in this State hold 
more than one lucrative office at the same time; Provided, that no 
appointment in the militia, or to the office of justice of the peace, 
shall be considered a lucrative office, or operative as a disqualification 
to a seat in either house of the General Assembly. 

Sec. 27. Right of protest. — Any member of either house of the 
General Assembly shall have liberty to dissent from and protest 
against any act or resolve which he may think injurious to the public 
or to any individual, and to have the reasons for [" of " in Constitu- 
tion of 1796] his dissent entered on the journals. (Constitution of 
1796, Art. I., sec. 25.) 

Sec. 28. Taxation, merchants and privileges. — All property, real, 
personal, or mixed, shall be taxed ; but the Legislature may except such 
as may be held by the State, by counties, cities, or towns, and used 
exclusively for public or corporation purposes, and such as may be 
held and used for purp#ses purely religious, charitable, scientific, lit- 
erary, or educational, and shall except one thousand dollars' worth of 
personal property in the hands of each taxpayer, and the direct 
product of the soil in the hands of the producer and his immediate 
vendee. All property shall be taxed according to its value, that value, 
to be ascertained in such manner as the Legislature shall direct, so 
that taxes shall be equal and uniform throughout the State. No one 
species of property from which a tax may be collected shall be taxed 
higher than any other species of property of the same value ; but the 



Tennessee— 1870 3457 

Legislature shall have power to tax merchants, peddlers, and privi- 
leges in such manner as they may from time to time direct. The 
portion of a merchant's capital used in the purchase of merchandise 
sold by him to nonresidents, and sent beyond the State, shall not be 
taxed at a rate higher than the ad valorem tax on property. The 
Legislature shall have power to levy a tax upon incomes derived 
from stocks and bonds that are not taxed ad valorem. All male 
citizens of this State over the age of twenty-one years, except such 
persons as may be exempted by law on account of age or other in- 
firmity, shall be liable to a poll tax of not less than fifty cents nor 
more than one dollar per annum; nor shall any county or corporation 
levy a poll tax exceeding the amount levied by the State. 

Sec. 29. Legislature may authorize counties and towns to tax; loan 
of credit of count//, etc., restricted ; exceptions. — The General As- 
sembly shall have power to authorize the several counties and incor- 
porated towns in this State to impose taxes for county and corpora- 
tion purposes respectively, in such manner as shall be prescribed by 
law; and all property shall be taxed according to its value, upon 
the principles established in regard to State taxation. 

But the credit of no county, city, or town shall be given or loaned 
to or in aid of any person, company, association, or corporation, 
except upon an election to be first held by the qualified voters of such 
county, city, or town, and the assent of three-fourths of the votes cast 
at said election. Xor shall any county, city or town become a stock- 
holder with others in any company, association, or corporation, 
except upon a like election and the assent of a like majority. But the 
counties . of Grainger, Hawkins, Hancock. Union, Campbell, Scott, 
Morgan, Grundy, Sumner, Smith, Fentress, Van Buren, and the new 
county herein authorized to be established out of fractions of Sum- 
ner, Macon, and Smith Counties, White, Putnam, Overton, Jackson, 
Cumberland, Anderson, Henderson. Wayne, Cocke, Coffee, Macon, 
Marshall, and Roane, shall be excepted out of the provisions of this 
section, so far that the assent of a majority of the qualified voters of 
either of said counties voting on the question shall be sufficient, when 
the credit of such county is given or loaned to any person, association, 
or corporation; Provided, that the exception of the counties above 
named shall not be in force beyond the year one thousand eight hun- 
dred and eighty, and after that period they shall be subject to the 
three-fourths majority applicable to the other counties of the State. 

Sec. 30. Manufactured produce of State not taxed. — Xo article 
manufactured of the produce of this State shall be taxed otherwise 
than to pay inspection fees. (Constitution of 1796, Art. I., sec. 27.) 
9 Bax., 5-18. 

Sec. 31. State aid forbidden. — The credit of this State shall not be 
hereafter loaned or given to or in aid of any person, association, com- 
pany, corporation, or municipality; nor shall the State become the 
owner, in whole or in part, of any bank, or a stockholder with others 
in any association, company, corporation, or municipality. 

Sec. 32. Amendments to Constitution of United States. — No con- 
vention or General Assembly of this State shall act upon any amend- 
ment of the Constitution of the United States, proposed by Congress 
to the several States, unless such convention or General Assembly 
shall have been elected after such amendment is submitted. 



3458 Tennessee— 1870 

Sec. 33. State bonds to defaulting railroads, none. — No bonds of 
the State shall be issued to any railroad company which, at the time 
of its application for the same, shall be in default in paying the 
interest upon the State bonds previously loaned to it, or that shall 
hereafter, and before such application, sell or absolutely dispose of 
any State bonds loaned to it for less than par. 

Article III 

EXECUTIVE DEPARTMENT 

Section 1. Governor. — The supreme executive power of this State 
shall be vested in a Governor. 

Sec. 2. How and when elected. — The- Governor shall be chosen by 
the electors of the members of the General Assembly, at the time 
and places where they shall resp< ctively vote for the members thereof. 
The returns of vwvy election for Governor shall be sealed up and 
transmitted to the seat of government, by the returning; officers, 
directed to the Speaker of the Senate, who shall open and publish 
them in the presence of a majority of the members of each house of 
the General Assembly. The person having the highest number of 
votes shall be Governor; but if two or more shall be equal and highest 
in votes, one of them shall be chosen Governor by joint vote [" ballot " 
in Constitution of 1796] of both houses of the General Assembly. 
Contested elections for Governor shall be determined by both houses 
of the General Assembly, in such manner as shall be prescribed by 
law. 

Sec. 3. Qualifications. — He shall be at least thirty years of age. 
shall be a citizen of the United States, and shall have been a citizen 
of this State seven years next before his election. 

Sec. 4. Term of service. — The Governor shall hold his office for 
two years, and until his successor shall be elected and qualified. He 
shall not be eligible more than six years in any term of eight. 

Sec. 5. Commander in chief; militia not to be called out except, 
etc. — He shall be commander in chief of the army and navy of this 
State, and of the militia, except when they shall be called into the 
service of the United States [the remainder of this section originated 
with this Constitution] ; but the militia shall not be called into serv- 
ice except in case of rebellion or invasion, and then only when the 
General Assembly shall declare by law that the public safety re- 
quires it. 

Sec. 6. May grant pardons. — He shall have power to grant re- 
prieves and pardons, after conviction, except in cases of impeachment. 

Sec. T. Compensation. — He shall, at stated times, receive a com- 
pensation for his services, which shall not be increased or diminished 
during the period for irhich he shall have been elected. 

Sec. 8. May require information from officers. — He may require 
information, in writing, from the officers in the executive department, 
upon any subject relating to the duties of their respective offices. 

Sec. 9. May convene tlic Legislature. — He may, on extraordinary 
occasions, convene the General Assembly by proclamation, in which 
he shall state specifically the purposes for which they are to convene; 
but they shall enter on no legislative business except that for which 
they were specifically called together, 



Tennessee— 1870 3459 

Sec. 10. Execute laws. — He shall take care that the laws [" shall " 
inserted in Constitution of 1796] be faithfully executed. 

Sec. 11. Give information to the Legislature. — He shall, from time 
to time, give to the General Assembly information of the state of the 
government, and recommend for ["•to" in Constitution of 1706] 
their consideration such measures as he shall judge expedient. 

Sec. 12. Vacancies. — In case of the removal of the Governor from 
office, or of his death or resignation, the powers and duties of the 
office shall devolve on the Speaker of the Senate ; and in case of the 
death, removal from office, or resignation of the Speaker of the Sen- 
ate, the powers and duties of the office shall devolve on the Speaker 
of the House of Representatives. 

Sec. 13. Ineligibility. — No member of Congress, or person holding 
any office under the United States, or this State, shall execute the 
office of Governor. 

Sec. 11. Temporary appointments. — When any officer, the right of 
whose appointment is by this Constitution vested in the General 
Assembly, shall, during the recess, die, or the [" his " in Constitution 
of 1790] office, by the expiration of the term, or [the words, " by the 
expiration of the term, or," were not in the Constitution of 1796] by 
other means, become vacant, the Governor shall have the power to 
fill such vacancy by granting a temporary commission, which shall 
expire at the end of the next session of the Legislature. 

Sec. 15. Great Seal. — There shall be a seal of this State, which 
shall be kept by the Governor, and used by him officially, and shall be 
called the Great Seal of the State or Tennessee. 

Sec. 16. Grunts ii nd commissions. — All grants and commission^ 
shall lie in the name and by the authority of the State of Tennessee. 
I»e sealed with the State seal, and signed by the Governor. 

Sec. 17. Secretary <>f State. — A Secretary of ["this" inserted in 
Constitution of 1796] State shall be appointed by joint vote of the 
General Assembly [the last seven words not in the Constitution of 
1796], and commisioned during the term of four years: he shall keep 
a fair register of all the official acts and proceedings of the Governor; 
and shall, when required, lay the same, and all papers, minutes, and 
vouchers relative thereto, before the General Assembly; and shall 
perform such other duties as shall be enjoined by law. 

Sec 18. Bills to be approved by the Governor; Governor's veto; 
joint resolutions. — Every bill which may pass both houses of the 
General Assembly shall, before it becomes a law, be presented to the 
Governor for his signature. If he approve it, he shall sign it, and the 
same shall become a law ; but if he refuse to sign it, he shall return it. 
with his objections thereto in writing, to the house in which it origi- 
nated; and said house shall cause said objections to be entered at large 
upon its journal, and proceed to reconsider the bill. If, after such 
reconsideration, a majority of all the members elected to that house 
shall agree to pass the bill, notwithstanding the objections of the 
Executive, it shall be sent, with said objections, to the other house, 
by which it shall be likewise reconsidered. If approved by a major- 
ity of the whole number elected to that house, it shall become a law. 
The votes of both houses shall be determined by yeas and nays, and 
the names of all the members voting for or against the bill shall be 
entered upon the journals of their respective houses. If the Gov- 
ernor shall fail to return any bill, with his objections, within five days 



3460 Tennessee— 1870 

(Sundays excepted) after it shall have been presented to him, the 
same shall become a law without his signature, unless the General 
Assembly, by its adjournment, prevents its return, in which case it 
shall not become a law. Every joint resolution or order (except on 
questions of adjournment) shall likewise be presented to the Gov- 
ernor for his signature, and before it shall take effect shall receive his 
signature; and on being disapproved by him, shall, in like manner, 
be returned, with his objections; and the same, before it shall take 
effect, shall be repassed by a majority of all the members elected to 
both houses, in the manner and according to the rules prescribed in 
case of a bill. 

Article IV 

ELECTIONS 

Section 1. Rigid of suffrage; poll I ax; military duty,' noting, 
inhere. — Every male person of the age of twenty-one years, being a 
citizen of the United States, end a resident of this State for twelve 
months, and of the county wherein he may offer his vote for six 
months, next preceding the day of election, shall be entitled to vote 
for members of the General Assembly, and other civil officers for the 
county or district in which he resides; and there shall be no qualifica- 
tion attached to the right of suffrage, except that each voter shall 
give to the judges of election, where he offers to vote, satisfactory 
evidence that he has paid the poll taxes assessed against him for such 
preceding period as the Legislature shall prescribe, and at such time 
as may be prescribed by law; without which his vote cannot be re- 
ceived. And all male citizens of the State shall be subject to the 
payment of poll taxes and to the performance of military duty within 
such ages as may be prescribed by law. The General Assembly shall 
have power to enact laws requiring voters to vote in the election pre- 
cincts in which they may reside, and laws to secure the freedom of 
election and the purity of the ballot box. 

Sec. 2. Right of suffrage mag he restricted for crime, — Laws may 
be passed excluding from the right of suffrage persons who may be 
convicted of infamous crimes. [This provision was not in the Con- 
stitution of 1796.] 

Sec. 3. Privileges of voters. — Electors shall, in all cases, except 
treason, felony, or breach of the peace, be privileged from arrest or 
summons [the words "'or summons" not in Constitution of 1796], 
during their attendance at elections, and in going to and returning 
from them. (Art. III., sec. 2, of Constitution of 1796.) 

Sec 4. Mode of eating. — In all elections to be made by the Gen- 
eral Assembly, the members thereof shall vote viva voce, and their 
votes shall be entered on the journal. All other elections shall be by 
ballot. 

Article V 

impeachments 

Section 1. Impeaeh merit. —The House of Representatives shall 
have the sole power of impeachment. 

Sec. 2. Tried by the Senate. — All impeachments shall be tried by 
the Senate. When sitting for that purpose, the Senators shall be 



Tennessee— 1870 3461 

upon oath or affirmation, and the Chief Justice of the Supreme. 
Court — or, if he be on trial, the senior associate judge — shall pre- 
side over them. No person shall be convicted without the concurrence 
of two-thirds of the Senators sworn to try the officer impeached. 

Sec. 3. How prosecuted. — The House of Representatives shall elect 
from !h 'ir own body three members, whose duty it shall be to prose- 
cute impeachments. No impeachment shall be tried until the Legis- 
lature shall have adjourned sine die, when the Senate shall proceed 
to try such impeachment. 

Sec 4. Who may be impeached. — The Governor, judges of the 
Supreme Court, judges of the inferior courts, chancellors, attorneys 
for the State. Treasurer, Comptroller, and Secretary of State, shall 
be liable to impeachment whenever they may, in the opinion of the 
House of Representatives, commit any crime in their official capacity 
which may require disqualification; but judgment shall only extend 
to removal from office, and disqualification to fill any office there- 
after. The party shall, nevertheless, be liable to indictment, trial, 
judgment, and punishment according to law. The Legislature 1 now 
has, and shall continue to have, power to relieve from the penalties 
imposed any person disqualified from holding office by the judgment 
of a court of impeachment. 

Sec. 5. Officers liable to indictnn tit. — Justices of the peace, and 
other civil officers, not hereinbefore mentioned, for crimes or misde- 
meanors in office, shall be liable to indictment in such courts as the 
Legislature may direct; and. upon conviction, shall be removed 
from office by said court, as if found guilty on impeachment: and 
shall be subject to such other punishment as may be prescribed by 
law. 

Article Yl 

JUDICIAL DEPARTMENT 

Section 1. Judicial power. — The judicial power of this State shall 
be vested in one Supreme Court, and in such Circuit, Chancery, and 
other inferior courts as the Legislature shall, from time to time, 
ordain and establish; in the judges thereof, and in justices of the 
peace. The Legislature may also vest such jurisdiction in corpora- 
tion courts as may be deemed necessary. Courts to be holden by 
justices of the peace may also be established. 

Sec. 2. Supreme Court. — The Supreme Court shall consist of five 
judges, of whom not more than two shall reside in any one of the 
grand divisions of the State. The judges shall designate one of their 
own number who shall preside as Chief Justice. The concurrence 
of three of the judges shall, in every case, be necessary to a decision. 
The jurisdiction of this court shall be appellate only, under such 
restrictions and regulations as may, from time to time, be prescribed 
by law; but it may possess such other jurisdiction as is now con- 
ferred by law on the present Supreme Court. Said Court shall be 
held at Knoxville, Nashville, and Jackson. 

Sec. 3. Election of judges; qualifications. — The Judges of the Su- 
preme Court shall be elected by the qualified voters of the State. 
The Legislature shall have power to prescribe such rules as may be 
necessary to carry out the provisions of Section 2 of this article. 
Ti'r,4— vol 6—09 18 



3462 Tennessee— 1870 

Every judge of the Supreme Court shall he thirty-five years of age. 
and shall, before his election, have been a resident of the State for 
five years. His term of service shall be eight years. 

Sec. 4. Judges of inferior courts. — The judges of the Circuit and 
Chancery Court-, and of other inferior courts, shall be elected by 
the qualified voters of the district or circuit to which thc\ arc to be 
assigned. Every judge of such courts shall be thirty years of age, 
and shall, he fore his election, have heen a resident of the State tor 
five years, and of the circuit or district one year. His term of service 
shall be eight year-. 

Sec. 5. Attonu y-gt ru ral and A'< porta r. — An Attorney-general and 
Reporter for the State shall be appointed by the judges of the 
Supreme Court, and shall hold his office for a term of eight years. 
An attorney for the State for any circuit or district for which a 
judge having criminal jurisdiction shall be provided by law. shall 
he elected by the qualified voters of such circuit or district, and shall 
hold his office for a term of eight years, and shall have heen a resi- 
dent of the State five years, and of the circuit or district one year. 
In all cases where the attorney for any district fails or refuses to 
attend and prosecute according to law. the court shall have power to 
appoint an attorney pro t> m pore. 

Sec. 6. Judges ana attorneys, how removed. — Judges and attor- 
neys for the State may be removed from office by a concurrent vote 
of both houses of the General Assembly, each house voting sepa- 
rately: hut two-thirds of the members to which each house may be 
entitled ["two-thirds of all the members elected to each house" in 
Constitution of 1834] must concur in such vote. The vote shall be 
determined by ayes and noes, and the names of the members voting 
for or against the judge or attorney for the State, together with the 
cause or causes of removal, shall be entered on the journal of each 
hou.-e. respectively. The judge or attorney for the State, against 
whom the Legislature may be about to proceed, shall receive notice 
thereof, accompanied with a copy of the causes alleged for his re- 
moval, at least ten days before the day on which either house of the 
General Assembly shall act thereupon. 

Sec. 7. Compensation of judges. — The judges of the Supreme or 
inferior courts shall, at stated times, receive a compensation for their 
services, to be ascertained by law. which shall not be increased or 
diminished during the time for which they are elected. They shall 
not be allowed an}' fees or perquisites of office, nor hold any office of 
trust of profit under this State or the United States. 

Sec. 8. Jurisdiction of inferior courts. — The jurisdiction of the 
Circuit. Chancery, and other inferior courts shall be as now estab- 
lished by law. until changed by the Legislature. 

Sec. 9. Judge's chame. — Judges shall not charge juries with respect 
to matters of fact, but may state the testimony and declare the law. 

Sec. 10. Certiorari. — Tire judges or justices of inferior courts of 
law and equity shall have power in all civil caces [cases] to issue writs 
of certiorari, to remove any cause or the transcript of the record 
thereof, from any inferior jurisdiction into such court of law, on suffi- 
cient cause, supported by oath or affirmation. 

Sec. 11. Incompetency of judges; special fudges. — No judge of the 
Supreme or inferior courts shall preside on the trial of any cause in 
the event of which he may be interested, or where either of the parties 



Tennessee— 1870 3463 

shall be connected with him by affinity or consanguinity, within such 
degrees as may be prescribed by law. or in which he may have been of 
counsel, or in which he may have presided in any inferior court, 
except by consent of all the parties. In case all or any of the judges 
of the Supreme Court shall thus be disqualified from presiding on the 
trial of any cause or causes, the court, or the judges thereof, shall 
certify the same to the Governor of the State, and he shall forthwith 
specially commission the requisite number of men. of law knowledge, 
for the trial and determination thereof. The Legislature may. by 
general laws, make provision that special judges may be appointed to 
hold any courts the judge of which shall be unable or fail to attend 
or sit. or to hear any cause in which the judge may be incompetent. 

Sec 12. Process; conclusion of indictments. — All writs and other 
process shall run in the name of the State of Tenne— ee. and bear 
teste and be signed by the respective clerks. Indictments shall con- 
clude " against the peace and dignity of the State." 

Sec. 13. Clerk* of court. — Judges of the Supreme Court shall 
appoint their clerks, who shall hold their office- for six years. Chan- 
cellors shall appoint their clerk- and masters, who shall hold their 
office- for six years. Clerk- of inferior court-, holden in the respec- 
tive counties or districts, shall be elected by the qualified voters 
thereof, for the term of fotir years. Any clerk may be removed from 
office for malfeasance, incompetency, or neglect of duty, in such 
manner as may be prescribed by law. 

Sec. 14. Fines. — No line- -hall be laid on any citizen of this State 
that -hall exceed fifty dollar-, unless it -hall be assessed by a jury of 
his peers, who shall assess the fine at the time they find the fact, if 
they think the fine should [for " should " " ought to " i- used in the 
Constitution of 1796, Art. 5. sec. II] be more than fifty dollar-. 

Sec 15. Civil districts. — The different counties of this State shall 
be laid oil', as the General Assembly may direct, into districts of con- 
venient size, so that the whole number in each county shall not be 
more than twenty-five, or four for every one hundred square mile-. 
There shall be two ju>tice> of the peace and one constable elected in 
each district, by the qualified voter- therein, except districts includ- 
ing county towns, which shall elect three justices and two con>table-. 
The jurisdiction of said officer- shall be coextensive with the county. 
Justices of the peace shall be elected for the term of six, and con- 
stables for the term of two. year.-. Upon removal of either of said 
officers from the district in which he was elected, his office shall be- 
come vacant from the time of such removal. Justices of the peace 
shall be commissioned by the Governor. The Legislature shall have 
power to provide for the appointment of an additional number of 
justices of the peace in incorporated towns. 

Article YII 

MATE AND COUNTY OFFK ERS 

Section 1. Justices and constables, number of; removal of county 
offict rs. — There -hall be elected in each county, by the qualified voters 
therein, one sheriff, one trustee [" and " inserted in Constitution of 
1834]. one register: the sheriff and trustee for two year-, and the 
register for four year-. But [instead of " but " the words " pro- 



3464 Tennessee— 1870 

vided that " are used in Constitution of 1834] no person shall be 
eligible to the office of sheriff more than six years in any term of 
eight years. There shall be elected for each county, by the justices 
of the peace, one coroner and one ranger, who shall hold their offices 
for two years; said officers shall be removed for malfeasance, or neg- 
lect of duty, in such manner as may be prescribed by law. 

Sec. 2. Vacancies, how piled. — Should a vacancy occur, subsequent 
to an election, in the office of sheriff, trustee, or register, it shall be 
filled by the justices; if in that of the clerks to be elected by the 
people, it shall be tilled by the courts; and the person so appointed 
shall continue in office until his successor shall be elected and quali- 
fied ; and such office shall be filled by the qualified voters at the first 
election for any of the county officers. 

Sec. 3. Treasurer and < Comptroller. — There shall be a Treasurer, or 
Treasurers, and a Comptroller of the Treasury, appointed for the 
State, by the joint vote of both houses of the General Assembly, who 
shall hold their offices for two years. 

Sec. 4. Other elections and vacancies. — The election of all officers 
and the filling of all vacancies [the words "that may happen by 
death, resignation, or removal," were inserted here in the Constitu- 
tion of 1834] not otherwise directed or provided by this Constitution 
shall be made in such manner as the Legislature shall direct. 

Sec. 5. Time of ejection of civil officers; terms; temporary ap- 
pointments. — Elections for judicial and other civil officers shall be 
held on the first Thursday in August, one thousand eight hundred 
and seventy, and forever thereafter on the first Thursday in August 
next preceding the expiration of their respective terms of service. 

The term of each officer so elected shall be computed from the first 
day of September next succeeding his election. The term of office of 
the Governor and of other executive officers shall be computed from 
the fifteenth of January next after election of the Governor. No 
' appointment or election to fill a vacancy shall be made for a period 
extending beyond the unexpired term. Every officer shall hold his 
office until his successor is elected or appointed and qualified. No 
special election shall be held to fill a vacancy in the office of judge or 
district attorney, but at the time herein fixed for the biennial election 
of civil officers; and such vacancy shall be filled at the next biennial 
election occurring more than thirty days after the vacancy occurs. 

Article VIII 



Section 1. Militia officers. — All militia officers shall be elected by 
persons subject to military duty, within the bounds of their several 
companies, battalions, regiments, brigades, and divisions, under such 
rules and regulations as the Legislature may, from time to time, direct 
and establish. 

Sec. 2. Staff officer a.— The Governor shall appoint the adjutant 
general and his other staff officers; the major generals, brigadier gen- 
erals, and commanding officers of regiments shall, respectively, ap- 
point their staff officers. 

Sec. 3. Exemptions. — The Legislature shall pass laws exempting 
citizens belonging to any sect or denomination of religion, the tenets 



Tennessee— 1870 3465 

of which are known to be opposed to the bearing of arms, from 
attending private and general musters. (Constitution of 1796, Art. 
VII., sec. 7, same as this.) 

Article IX 

•DISQUALIFICATIONS 

Section 1. Ineligibility of ministers and priests. — Whereas minis- 
ters of the gospel are. by their profession, dedicated to God and the 
care of souls, and ought not to be diverted from the great duties of 
their functions; therefore no minister of the gospel, or priest of any 
denomination whatever, shall be eligible to a seat in either house of 
the Legislature. 

Sec. 3. Of belief. — Xo person who denies the being of God, or a 
future state of rewards and punishments, shall hold any office in the 
civil department of this State. 

Sec 3. Of duelists. — Any person who shall, after the adoption of 
this Constitution, fight a duel, or knowingly be the bearer of a chal- 
lenge to fight a duel, or send or accept a challenge for that purpose, or 
be an aider or abettor in fighting a duel, shall be deprived of the right 
to hold any office of honor or profit in this State, and shall be pun- 
ished otherwise, in such manner as the Legislature may prescribe. 

Article X 

OATHS, BRIBERY OF ELECTORS, NEW COUNTIES 

Section 1. Oath of office. — Every person who shall be chosen or 
appointed to any office of trust or profit under this Constitution, or 
any laAv made in pursuance thereof, shall, before entering upon the 
duties thereof, take an oath to support the Constitution of this State, 
and of the United States, and an oath of office. 

Sec 2. Of members of the General Assembly. — Each member of 
the Senate and House of Representatives shall, before they proceed to 
business, take an oath or affirmation to support the Constitution of 
this State, and of the United States, and also the following oath: 

" I, — , do solemnly swear [or affirm] that, as a member of 

this General Assembly, I will, in all appointments, vote without favor, 
affection, partiality, or prejudice; and that I will not propose or 
assent to any bill, vote, or resolution, which shall appear to me 
injurious to the people, or consent to any act or thing whatever that 
shall have a tendency to lessen or abridge their rights and privileges, 
as declared by the Constitution of this State.*' 

Sec 3. Punishment of electors for bribery. — Any elector who shall 
receive any gift or reward for his vote, in meat, drink, money, or 
otherwise, shall suffer such punishment as the laws shall direct ; and 
any person who shall directly or indirectly give, promise, or bestow 
any such reward to be elected shall thereby be rendered incapable, 
for six ["two" in Constituion of 1796] years, to serve in the office 
for which he was elected, and be subject to such further punishment 
as the Legislature shall direct. 

Sec 4. New counties; county lines; exceptions ; vote necessary to 
establish new counties or remove county scat; liability for existing 



3466 Tennessee— 1870 

debt. — New counties may be established by the Legislature, to consist 
of not less than two hundred and seventy-five square miles, and which 
shall contain a population of seven hundred qualified voters. No line 
of such county shall approach the courthouse of any old county from 
which it may be taken nearer than eleven miles, nor shall such old 
county be reduced to less than five hundred square miles. But the fol- 
lowing exceptions are made to the foregoing provisions, viz.: New 
counties may be established by the present or any succeeding Legisla- 
ture out of the following territory — to wit : Out of that portion of 
Obion County which lies west of low-water mark of Reelfoot Lake ; 
out of fractions of Sumner, Macon, and Smith Counties; but no line 
of such new county shall approach the courthouse of Sumner or Smith 
Counties nearer than ten miles, nor include any part of Macon County 
lying within nine and a half miles of the courthouse of said county ; 
nor shall more than twenty square miles of Macon County, nor any 
part of Sumner County lying due west of the western boundary of 
Macon County, be taken in the formation of said new county; out 
of fractions of Grainger and Jefferson Counties, but no line of such 
new county shall include any part of Grainger County north of the 
Holston River; nor shall any line thereof approach the courthouse 
of Jefferson County nearer than eleven miles. Such new county may 
include any other territory which is not excluded by any general 
provision of this Constitution ; out of fractions of Jackson and Over- 
ton Counties, but no line of such new county shall approach the 
courthouse of Jackson or Overton Counties nearer than ten miles; 
nor shall such county contain less than four hundred qualified voters, 
nor shall the area of either of the old counties be reduced below four 
hundred and fifty square miles; out of fractions of Roane, Monroe, 
and Blount Counties, around the town of Loudon, but no line of such 
new county shall ever approach the towns of Maryville, Kingston, or 
Madisonville nearer than eleven miles, except that, on the south side 
of the Tennessee River, said lines may approach as near as ten miles 
to the courthouse of Roane County. 

The counties of Lewis, Cheatham, and Sequatchie, as now estab- 
lished by legislative enactments, are hereby declared to be constitu- 
tional counties. No part of Bledsoe County shall be taken to form a 
new county, or a part thereof, or be attached to any adjoining county. 

That portion of Marion County included within the following 
boundaries — beginning on the Grundy and Marion County line, at 
the Nick-a-Jack Trace, and running about six hundred yards west 
of Ben. Posey's, to where the Tennessee Coal Railroad crosses the 
line, running thence southeast through the pocket, near William Sum- 
mar's, crossing the Battle Creek Gulf at the corner of Thomas 
Wooten's field; thence running across the Little Gizzard Gulf, at 
Raven Point; thence in a direct line to the bridge crossing the Big 
Fiery Gizzard; thenfe in a direct line to the mouth of Holy Water 
Creek; thence up said creek to the Grundy County line, and thence 
with said line to the beginning — is hereby detached from Marion 
County, and attached to the county of Grundy. 

No part of a county shall be taken off to form a new county, on a 
part thereof, without the consent of two-thirds of the qualified 
voters in such part taken off; and where an old county is reduced for 
the purpose of forming a new one, the seat of justice in said old 
county shall not be removed without the concurrence of two-thirds 



Tennessee— 1870 3467 

of both branches of the Legislature, nor shall the seat of justice of 
any county be removed without the concurrence of two-thirds of the 
qualified voters of the county. But the foregoing provision, requir- 
ing a two-thirds majority of the voters of a county to remove its 
county seat, shall not apply to the counties of Obion and Cocke. 

The fractions taken from old counties to form new counties, or 
taken from one county and added to another, shall continue liable 
for their pro rata of all debts contracted by their respective counties 
prior to the separation, and be entitled to their proportion of any 
stocks or credits belonging to such old counties. 

Sec. 5. To vote with old county. — The citizens who may be in- 
cluded in any new county shall vote with the county or counties from 
which they may have been stricken off, for members of Congress, 
for Governor, and for members of the General Assembly, until the 
next apportionment of members to the General Assembly after the 
establishment of such new county. 

Article XI 

MISCELLANEOUS PROVISIONS 

Section 1. Existing laws not affected by this Constitution. — All 
laws and ordinanes now in force and use in this State, not inconsistent 
with this Constitution, shall continue in force and use until they 
shall expire, or be altered or repealed by the Legislature; but ordi- 
nances contained in any former Constitution or schedule thereto are 
hereby abrogated. 

Sec. 2. Nor rights, contracts, actions, etc. — Nothing contained in 
this Constitution shall impair the validity of any debts or contracts, 
or a Heel any rights of property, or any suits, actions, rights of action, 
or other proceedings in courts of justice. 

Sec. 3. Amendments of the ('(institution, etc.; not oftener than 
once in six years; but Legislature may at am/ time submit question of 
calliny convention. — Any amendment or amendments to this Con- 
stitution may be proposed in the Senate or House of Representatives; 
and if the same shall be agreed to by a majority of all the members 
elected to each of the two houses, such proposed amendment or 
amendments shall be entered on their journals, with the yeas and 
nays thereon, and referred to the General Assembly then next to be 
chosen, and shall be published six months previous to the time of 
making such choice; and if in the General Assembly then next 
chosen, as aforesaid, such proposed amendment or amendments to 
the people, to by two-thirds of all the members elected to each house, 
then it shall be the duty of the General Assembly to submit such 
proposed amendment or amendments to the people, in such manner 
and at such time as the General Assembly shall prescribe ; and if the 
people shall approve and ratify such amendment or amendments 
by a majority of all the citizens of the State voting for Represent- 
atives, voting in their favor, such amendment or amendments shall 
become part of this Constitution. When any amendment or amend- 
ments to the Constitution shall be proposed in pursuance of the fore- 
going provisions, the same shall, at each of said sessions, be read 
three times on three several days in each house. The Legislature 



3468 Tennessee— 1870 

shall not propose amendments to the Constitution oftener than once 
in six years. [The remainder of this section originated with this 
Constitution.] The Legislature shall have the right, at any time, 
by law to submit to the people the question of calling a convention 
to alter, reform, or abolish this Constitution; and when, upon such 
submission, a majority of all the votes cast shall be in favor of said 
proposition, then delegates shall be chosen, and the convention shall 
assemble in such mode and manner as shall be prescribed. 

Sec. 4. Divorces. — The Legislature shall have no power to grant 
divorces, but may authorize the courts of justice to grant them for 
such causes as may be specified by law ; but such laws shall be general 
and uniform in their operation throughout the State. 

Sec. 5. Lotteries. — The Legislature shall have no pow T er to author- 
ize lotteries for any purpose, and shall pass laws to prohibit the sale 
of lottery tickets in this State. 

Sec. 6. Changing name, legitimation, etc — The Legislature shall 
have no power to change the names of persons, or to pass acts adopt- 
ing or legitimatizing [legitimating or legitimizing] persons; but 
shall, by general laws, confer this power on the courts. 

Sec. 7. Interest \ conventional rate — The Legislature shall fix the 
rate of interest, and the rate so established shall be equal and uni- 
form throughout the State; but the Legislature may provide for a 
conventional rate of interest, not to exceed ten per centum per annum. 

Sec 8. General laws only to be passed; corporations only to be 
provided for by general loirs. — The Legislature shall have no power 
to suspend any general law for the benefit of any particular indi- 
vidual, nor to pass any law for the benefit of individuals, inconsistent 
with the general law of the land ; nor to pass any law granting to any 
individual or individuals rights, privileges, immunitie [immunities] 
or exemptions other than such as may be, by the same law. extended 
to any member of the community who may be able to bring himself 
within the provisions of such law. No corporation shall be created, 
or its powers increased or diminished, by special laws; but the Gen- 
eral Assembly shall provide by general laws, for the organization of 
all corporations hereafter created, which laws may. at any time, be 
altered or repealed; and no such alteration or repeal shall interfere 
with or divest rights which have become vested. 

Sec. 9. Power ore/- private and local affairs. — The Legislature shall 
have the right to vest such powers in the courts of justice, with regard 
to private and local affairs, as may be expedient. 

Sec 10. Internal improvements to be encouraged. — A well-regu- 
lated system of internal improvement is calculated to develop the 
resources of the State, and promote the happiness and prosperity of 
her citizens; therefore it ought to be encouraged by the General 
Assembly. 

Sec 11. II r omestead* 'exemption. — A homestead, in the possession 
of each head of a family, and the improvement thereon, to the value, 
in all, of one thousand dollars, shall be exempt from sale under legal 
process during the life of such head of a family, to inure to the bene- 
fit of the Avidow, and shall be exempt during the minority of their 
children occupying the same. Nor shall said property be alienated 
without the joint consent of husband and wife, when that relation 
exists. This exemption shall not operate against public taxe^, nor 



Tennessee— 1870 3469 

debts contracted for the purchase money of such homestead, or im- 
provements thereon. 

Sec. 12. Education to be cherished; common school fund; poll 
tax; whites and negroes; colleges, etc., rights of. — Knowledge, learn- 
ing, and virtue, being essential to the preservation of republican insti- 
tutions, and the diffusion of the opportunities and advantages of edu- 
cation throughout the different portions of the State, being highly 
conducive to the promotion of this end, it shall be the duty of the 
General Assembly, in all future periods of this government, to 
cherish literature and science. And the fund called the common 
school fund, and all the lands and proceeds thereof, dividends, stocks, 
and other property of every description whatever, heretofore by law 
appropriated, by the General Assembly of this State for the use of 
common schools, and all such as shall hereafter be appropriated, 
shall remain a perpetual fund, the principal of which shall never be 
diminished by legislative appropriations; and the interest thereof 
shall be inviolably appropriated to the support and encouragement 
of common schools throughout the State, and for the equal benefit of 
all the people thereof; and no law shall be made authorizing said 
fund or any part thereof to be diverted to any other use than the sup- 
port and encouragement of common schools. The State taxes derived 
hereafter from polls shall be appropriated to educational purposes, 
in such manner as the General Assembly shall, from time to time, 
direct by law. Xo school established or aided under this section shall 
allow white and negro children to be received as scholars together in 
the same school. The above provisions shall not prevent the Legis- 
lature from carrying into effect any laws that have been passed in 
favor of the colleges, universities, or academies, or from authorizing 
heirs or distributees to receive and enjoy escheated property under 
such laws as shall be passed from time to time. 

Sec. 13. Game, fish, etc. — The General Assembly shall have power 
to enact laws for the protection and preservation of game and fish 
Avithin the State, and such laws may be enacted for and applied and 
enforced in particular counties or geographical districts designated by 
the General Assembly. 

Sec. 14. Intermarriage between whites mid negroes. — The inter- 
marriage of white persons with negroes, mulattoes, or persons of 
mixed blood, descended from a negro to the third generation, in- 
clusive, or their living together as man and wife, in this State, is 
prohibited. The Legislature shall enforce this section by appropri- 
ate legislation. 

Sec. 15. Religious holidays. — Xo person shall, in time of peace, be 
required to perform any service to the public on any day set apart by 
his religion as a day of rest. 

Sec. 10. Bill of Rights to remain inviolate. — The declaration of 
rights, hereto prefixed, is declared to be a part of the Constitution of 
this State, and shall never be violated on any pretense whatever. 
And to guard against transgression of the high powers we have dele- 
gated, we declare that everything in the Bill of Rights contained is 
excepted out of the general powers of the government, and shall for- 
ever remain inviolate. 

Sec. 17. County offices. — Xo county office created by the Legisla- 
ture shall be filled otherwise than by the people or the County Court. 



3470 Tennessee— 1870 

SCHEDULE 

Section 1. Public officers to hold from what time; appointments; 
officer* to vacate, when; exceptions. — That no inconvenience may 
arise from a change of the Constitution, it is declared that the Gov- 
ernor of the State, the members of the General Assembly, and all 
officers elected at or after the general election of March, one thousand 
eight hundred and seventy, shall hold their offices for the terms pre- 
scribed in this Constitution. 

Officers appointed by the courts shall be filled by appointment, to 
be made and to take effect during the first term of the court held by 
judges elected under this Constitution. 

All other officers shall vacate their places thirty days after the .day 
fixed for the election of their successors under this Constitution. 

The Secretary of State, Comptroller, and Treasurer shall hold their 
offices until the first session of the present General Assembly occur- 
ring after the ratification of this Constitution, and until their suc- 
cessors are elected and qualified. 

The officers then elected shall hold their offices until the fifteenth 
day of January, one thousand eight hundred and seventy-three. 

Sec. 2. Judges of Supreme Court; vacancy to remain unfilled; court 
may sit in two sections; two judges must concur; Attorney -general 
and Reporter. — At the first election of judges under this Constitu- 
tion, there shall be elected six judges of the Supreme Court, two from 
each grand division of the State, who shall hold their offices for the 
term herein prescribed. 

In the event any vacancy shall occur in the office of either of said 
judges at any time after the first day of January, one thousand eight 
hundred and seventy-three, it shall remain unfilled, and the court 
shall from time to time be constituted of five judges. 

While the court may consist of six judges, they may sit in two sec- 
tions, and may hear and determine causes in each at the same time, 
but not in different grand divisions at the same time. 

When so sitting, the concurrence of two judges shall be necessary 
to a decision. 

The Attorney-general and Reporter for the State shall be ap- 
pointed after the election and qualification of the judges of the 
Supreme Court herein provided for. 

Sec. 3. Officers to take oath to support this Constitution or 
vacate. — Every judge and every officer of the executive department 
of this State, and every sheriff holding over under this Constitution, 
shall, within twenty clays after the ratification of this Constitution is 
proclaimed, take an oath to support the same ; and the failure of any 
officer to take such oath shall vacate his office. 

Sec. 4. Statute of limitations. — The time which has elapsed since 
the sixth day of May',' one thousand eight hundred and sixty-one, 
until the first day of January, one thousand eight hundred and sixty- 
seven, shall not be computed in any cases affected by the statutes of 
limitation, nor shall any writ of error be affected by such lapse of 
time. 

Done in convention, at Nashville, the twenty-third day of Feb- 
ruary, in the year of our Lord one thousand eight hundred and 



Tennessee— 1870 3471 

seventy, and of the independence of the United States the ninety- 
fourth. In testimony whereof, we have hereunto set our names. 

John C. Brown, President. 
Attest : 

T. E. S. Russwurm, Secretary; 
Thos. W. Jones, Assistant Secretary; 
W. S. Kyle, Second Assistant Secretary. 

ORDINANCE 

Section 1. Election ordered. — Be it ordained l>y the convention. 
That it shall be the duty of the several officers of the State, authorized 
by law to hold elections for members of the General Assembly and 
other officers to open and hold an election at the place of holding said 
elections in their respective counties, on the fourth Saturday in 
March, 1870, for the purpose of receiving the votes of such qualified 
voters as may desire to vote for the ratification or rejection of the 
Constitution recommended by this convention. And the qualifica- 
tion of voters in said election be the same as that required in the 
election of delegates to this convention. 

Sec. 2. Duty of returning officers; manner of voting. — It shall be 
the duty of said returning officers, in each county, in this State, to 
enroll the name of each voter on the poll books prepared for said 
election, and shall deposit each ballot in the ballot boxes respectively. 
Each voter who wishes to ratify the new Constitution shall have 
written or printed on his ticket the words " New Constitution," or 
words of like import ; and each voter who wishes to vote against the 
ratification of the new Constitution shall have written or printed on 
his ticket the words " Old Constitution," or words of like import. 

Sec. 3. Election, how held; votes, etc. — The election shall be held, 
and the judges and clerks shall be appointed, as in the case of the 
election of the members of the General Assembly; and the returning 
officers, in presence of the judges or inspectors, shall count the votes 
given for the " New Constitution,'" and of those given for the " Old 
Constitution," of which they shall keep a correct estimate in said 
poll books. They shall deposit the original poll books of said elec- 
tion with the clerks of the County Courts in the respective counties, 
and shall, within five days after the election, make out accurate state- 
ments of the number of votes, in their respective counties, for or 
against the " New Constitution," and immediately forward, by mail, 
one copy of said certificates to the Governor, and one to the Speaker 
of the Senate. So soon as the poll books are deposited with the 
County Court clerks, they shall certify to the president of the con- 
vention an accurate statement of the number of votes cast for or 
against the "New Constitution," as appears on said poll books; and 
if any of said returning officers shall fail to make the returns herein 
provided for within the time required, the Governor shall be author- 
ized to send special messengers for the result of the vote in those 
counties whose officers have so failed to make returns. 

Sec. 4. Returns, who to compare; certificate of result; Governor's 
proclamation. — Upon the receipt of said returns, it shall be the duty 
of the Governor, Speaker of the Senate, and the president of this 
convention, or any two of them, to compare the votes cast in said 



3472 Tennessee— 1870 

election; and if it shall appear that a majority of all the votes cast 
for and against the " New Constitution " were for " New Constitu- 
tion,"' it shall be the duty of the Governor, Speaker of the Senate, 
and president of this convention, or any two of them, to append to 
this Constitution a certificate of the result of the votes, from which 
time the Constitution shall he established as the Constitution of Ten- 
nessee, and the Governor shall make proclamation of the result. 

Sec. 5. When proclamation to be issued. — The Governor of the 
State is required to issue his proclamation as to the election on the 
fourth Saturday in March, 1870, hereto provided for. 

John C. Brown President. 

Attest : 

[l. s.] T. E. S. Russwurm, Secretary. 

CERTIFICATE 

State of Tennessee. 

In pursuance of the fourth ordinance of the late constitutional con- 
vention of the State of Tennessee, adopted on the twenty-third of 
February, one thousand eight hundred and seventy, in the city of 
Nashville, we, D. W. C. Senter, Governor of said State; Dorsey B. 
Thomas, Speaker of the Senate; and John C. Brown, president of 
said convention, do hereby certify that we have carefully compared 
the votes cast for and against the new Constitution in the election on 
the fourth Saturday of March, one thousand eight hundred and sev- 
enty, and we certify that the vote cast in the entire State, leaving out 
the counties of Knox, Grainger, Roane, and Overton (from which 
there are no official returns), was one hundred and thirty-two thou- 
sand. Of these, ninety-eight thousand one hundred and twenty-eight 
votes were for the new Constitution, and thirty-three thousand eight 
hundred and seventy-two votes were for the old Constitution ; and 
that the majority for the new Constitution is sixty-four thousand two 
hundred and fifty-six; and we certify accordingly the ratification of 
the new Constitution. 

Done at the executive department, in the city of Nashville, this fifth 
day of May, A. D. one thousand eight hundred and seventy, and of 
the American independence the ninety-fourth. 

D. W. C. Senter, Governor; 

John C. Brown, President, etc.; 

D. B. Thomas, Speaker of the Senate. 

PROCLAMATION 

State of Tennessee, Executive Department, 

Nashville, May 5, 1870. 
In pursuance of the fourth ordinance of the late constitutional con- 
vention, I have carefully examined the official returns of the election 
held on the twenty-sixth day of March last, for the ratification or 
rejection of the proposed Constitution of the State of Tennessee 
(except the counties of Knox, Grainger, Roane, and Overton, which 
returns have not been received), and find the number of votes cast 
for the "New Constitution " to be (98,128) ninety-eight thousand 



Tennessee— 1870 3473 

one hundred and twenty-eight, and for the " Old Constitution " 
(33,872) thirty-three thousand eight hundred and seventy-two, being 
a majority of (64,256) sixty-four thousand two hundred and fifty- 
six for the new Constitution. 

Now, therefore, I, I). W. C. Senter, Governor of the State of Ten- 
nessee, by virtue of the power and authority in me vested, do hereby 
declare and proclaim that the new Constitution, as submitted to the 
people, was ratified by them at the ballot box, on the twenty-sixth 
day of March last, by said majority of (64,256) sixty-four thousand 
two hundred and fifty-six votes. 

In testimony whereof. I have hereunto subscribed my official signa- 
ture, and ordered the great seal of the State to be affixed. 

Done at the department in the city of Nashville, this fifth day of 
May, in the year of our Lord one thousand eight hundred and seventy, 
and of the American independence the ninety-fourth. 

D. W. C. Setter. 

By the Governor: 

[l. s.] A. J. Fletcher, Secretary of State. 



TEXAS 



CONSTITUTION OF THE REPUBLIC OF MEXICO— 1824 * a 

The Supreme Executive Power, provisionally appointed by the gen- 
eral sovereign Congress of the Nation, to all who shall see these 
presents, Know, and understand, That the same Congress has de- 
creed and sanctioned the following Federal Constitution of the 
United Mexican States. 

In the name of God, all powerful, author and supreme legislator 
of society. The general constituent Congress of the Mexican Nation, 
in the discharge of the duties confided to them by their constituents, 
in order to establish and fix its political Independence, establish and 
confirm its Liberty, and promote its prosperity and glory, decree as 
follows : 

CONSTITUTION OF THE UNITED MEXICAN STATES 

Title 1st 

Only Section. — Of the Mexican X at ion, its Territory and Religion 

Article 1. The Mexican Nation, is forever free and independent of 
the Spanish government, and every other power. 

2. Its Territory consists of that, which was formerly called the 
vice-royalty of New-Spain, that styled the captain generalship of 
Tucaton, that of the commandant generalship formerly called the 

* Verified by " The Constitution of the Republic of Mexico and of the State of 
Coahnila and Texas. New York: Ludwig and Tolefree. Printers. 1S32." 

a This constitution was translated into English for circulation among the 
immigrants from the United States who had settled at several places in the 
Mexican State of Texas. 

The first colony of Europeans within the present limits of Texas was planted 
by Robert Cavalier, le Sieur de la Salle, near the entrance of Matagorda Bay. 
February IS. 1685. La Salle had found his way from Canada to the Mississippi 
River, and had descended it to the Gulf of Mexico in 1<>82, returning the way 
he came. Going back to France, he fitted out a naval expedition, and sailed 
July 24. 1684, from La Rochelle, for the mouth of the Mississippi. Failing to 
fiiid it. he established a colony at Matagorda Ray. which was short lived. In 
1686 the Marquis of Laguna. then Vice-Roy of Mexico, sent an armed expedition 
to take possession of the country, and in 1691 Don Domingo Teran was ap- 
pointed Governor of Coahnila and Texas, with instructions to establish agri- 
cultural colonies under military rule. France, however, never ceded her claim 
to Texas, and it having been transferred to the United States by the treaty of 
1803 ceding Louisiana and its dependencies, [see ante, page b"87.] the contro- 
versy was continued until closed by the treaty of Guadalupe Hidalgo, 1848. 

3475 



3476 Texas— 1824 

Internal Provinces of East and West, and that of Lower and Upper 
California, with the lands annexed, and adjacent islands in both seas. 
By a constitutional law, a demarkation of the limits of the Federa- 
tion will be made as soon as circumstances will permit. 

3. The Religion of the Mexican Nation is. and will be perpetually, 
the Roman Catholic Apostolic. The Nation will protect it by wise 
and just laws, and prohibit the exercise of any other whatever. 

Title 2d 

Only Section. — Form of Government of the X at ion, of its integral 
parts and division of Xu/>r< no- Power 

4. The Mexican Nation adopts for its Government the form of 
Republican representative, popular Federal. 

5. The parts of this Federation arc the States and Territories as 
follows: — The State of the Chiapas, Chiuahua, Coahuila and Texas. 
Durango, Guanajuato, Mexico, Michoacan, New Leon, Oajaca, 
Puebla de los Angeles, Quetaro, San Luis Potosi, Sinora, and Sina- 
loa, Tobasco, Tumaulipas, Vera Cruz. Xalisco, Yucatan Tacatecas; 
the Territory of Upper California. Lower California, Colima and 
Santa Fe of New Mexico — a constitutional law shall fix the character 
of Tlaxcala. 

6. The supreme power of the Federation will be divided for its 
exercises, in Legislative, Executive, and Judicial. 

Title 3d 

Section 1st. — Legislative power, of its nature and the mode of exer- 
cising it 

7. The legislative power of the Federation, shall be disposed in a 
General Congress, this to be divided in two houses, one of the Depu- 
ties (Representatives) and the other of Senators. 

Section 2d. — Of the House of Representatives 

8. The House of Representatives shall be composed of representa- 
tives elected totally every two years, by the citizens of the States. 

9. The qualifications of the electors shall be constitutionally pre- 
scribed by the Legislatures of the States; to whom, likewise, apper- 
tains the regulation of the elections, in conformity with the prin- 
ciples established by this Constitution. 

10. The general basis for the appointment of representatives shall 
be the population. 

11. For every 80,00^ souls, one representative shall be appointed, 
or for a fraction which passes 40,000. The State which may not con- 
tain this population, shall, notwithstanding, appoint one representa- 
tive. 

12. A census of the whole Federation, which shall be formed in 
five years and renewed every ten. shall serve to designate the number 
of Deputies corresponding to each State; and in the mean time, it 
shall be regulated agreeably to the basis established in the former 
Article, by the census which governed in the election of Deputies in 
the present Congress. 



Texas— 1824 3477 

13. In the same manner shall be elected in each State, the necessary 
number of supernumerary representatives, in the ratio of one for 
every three full representatives, or for a fraction amounting to two; 
the States which may contain less than three full representatives shall 
elect one supernumerary. 

14. The Territory which may contain more than 40,000 inhabitants, 
shall appoint a full representative and one supernumerary, who shall 
have a voice and vote in the formation of laws and decrees. 

15. The Territory which may not contain the foregoing number of 
population, shall appoint one full representative and one supernum- 
erary, who shall be entitled to a voice in all matters. The election of 
Representatives for the Territories shall be regulated by a special 
law. 

1('». In every State and Territory of the Federation the appoint- 
ment of Representatives shall be made on the first Sunday in October 
previous to its renovation. The election to be indirect. 

IT. The election of Representatives concluded. The electoral col- 
lege shall remit through their President to the Council of Government 
a legal return of the election, and notify the elected of their appoint- 
ment by an official letter, which shall serve as a credential of election. 

18. The President of the Council of Government shall give to the 
returns, referred to in the preceding Article, the direction prescribed 
by the regulations of said Council. 

1!). To be a Representative it is required — First. To be at the time 
of the election, twenty-five years of age. complete. Second, To have 
been a resident of the State, from which elected, at least two years, 
or born in the State, although a resident in another. 

20. Those not born in the Territory of the Mexican Nation, to be 
Representatives, must have, besides eight years' residence in it, 8000 
dollars of real estate in any part of the Republic, or an occupation 
that produces them 1000 per year. 

21. Exceptions to the foregoing article — First, Those born in any 
other part of America, that in 1810 appertained to Spain, and has not 
united itself to another nation, nor remains subject to the former, to 
whom three years' residence in the Territory of the Federation is 
sufficient, in addition to the requisite prescribed in the 19th article. 
Second, The military not born in the Territory of the Republic, who, 
with arms, sustained the independence of the country, eight years' 
residence, complete, is sufficient, and the requisites prescribed in the 
19th article. 

22. In the election of Representatives, actual residence shall have 
preference over birth and non-residence. 

23. Those cannot be Representatives — First, Those deprived or sus- 
pended from the rights of citizenship. Second, The President and 
Vice-President of the Federation. Third, The members of the Su- 
preme Judicial Court. Fourth, Secretaries of the Cabinet and the 
officers of their departments. Fifth, Those employed in the Treas- 
ury, whose functions Extend over the whole Federation. Sixth, Gov- 
ernors of States and Territories, Commandant Generals, Archbishops 
and Bishops, Governors of Archbishoprics and Bishoprics, Provisors 
and Vicar Generals, Circuit Judges, Commissary Generals of treasury 
and war, for the States and Territories over which they exercise their 
functions. 

7254— vol 6—09 19 



3478 Texas— 1824 

24. In order that any person enumerated in the foregoing Article 
may be eligible, it is necessary they should have ceased their functions 
six months previous to their election. 

Section 3d. — Of the Senate 

25. The Senate shall be composed of two Senators from each State, 
elected by an absolute majority of the votes of the Legislatures, and 
renewed by one-half every two years. 

26. The seats of the Senators appointed in the second place, shall 
be vacated in two years, and the first appointed in four years, and so 
on in succession. 

27. When a vacancy occurs by the death, resignation, or other 
cause, it shall be filled by the corresponding Legislature in session, if 
not, as soon as it meets. 

28. To be a Senator it is necessary to possess all the qualifications 
required by the former Section, to be a representative, and moreover, 
to be at the time of election, thirty years of age. 

29. No person can be a Senator who is disqualified from being a 
Representative. 

30. In the election of Senators, the 22d Article shall also govern. 

31. When the same individual is elected for a Senator and Repre- 
sentative, the first election shall have the preference. 

32. The periodical election of Senators shall be made in all the 
States on the same day, which shall be the first day of September 
previous to the renewal of half the Senators. 

33. The election of Senators concluded, the Legislature shall remit 
a legal return through their President, to the President of the Council 
of Government; and notify the elected of their appointment, by 
means of an official letter, which shall serve them as credentials. The 
President of the Council of Government shall give the direction to 
these returns, indicated in the 18th Article. 

Section 4th. — Of the Individual Functions of both Houses, and 
Prerogatives of its Members 

34. Each House in its preparatory meeting, and in everything ap- 
pertaining to its government shall follow the rules formed by the 
present Congress; provided that amendments may be made to them 
in future, should both Houses consider it necessary. 

35. Each house shall judge of the elections of its respective mem- 
bers, and resolve all doubts which may occur in them. 

36. The Houses cannot open their sessions without the presence of 
more than the half of the total number of its members; but those 
present of one and the other, must unite on the day appointed for the 
regulation of the internal government of each, and respectively com- 
pel the attendance of the absentees, under the penalties prescribed by 
the law. 

37. The Houses will communicate with one another, and with the 
Supreme Executive Power, by means of their respective Secretaries, 
or by means of deputations. 

38. Either of the two Houses may sit as Grand Jurors on accusa- 
tions: First, against the President of the Federation, for the crime 



Texas— 1824 3479 

of treason against the National Independence or the established form 
of Government, or for subornation or bribery during the time of his 
service. Second, also, against the President, for acts manifestly in- 
tended to impede the Election of President, Senators, or Representa- 
tives, or to prevent them from entering on the exercise of their duties 
in the manner prescribed in this Constitution or to deprive the Cham- 
bers of the use of any of the powers constitutionally vested in them. 
Third, against the members of the Supreme Court and the secretaries 
of the departments, for any crime committed during the time of their 
service. Fourth, against the Governors of the States, for infractions 
on the Federal Constitution, laws of the Union, or orders of the 
President of the Federation, which may not be manifestly contrary 
to the Constitution and general laws of the Union, and likewise by 
the publication of laws and decrees of the Legislature of their re- 
spective States, contrary to the same Constitution and laws. 

39. The House of Representatives will exclusively form a Grand 
Jury, when the President or his ministers may be accused of acts in 
which the Senate or the Council of Government have concurred by 
reason of its attributions. The House will, in the same manner, serve 
as Grand Juror, in cases of accusation against the Vice-President for 
any offence committed during the term of his service. 

40. The House, before which has been made the accusations of the 
individual spoken of in the two preceding articles, will form itself 
in a Grand Jury, and if it is declared, by the vote of two-thirds of the 
members present, that there is cause of accusation, the functions of 
the accused shall be suspended, and he shall be placed at the disposi- 
tion of the competent tribunal. 

•41. Any Representative or Senator can make any propositions in 
writing, or present projects of a law or decree in his respective 
Chamber. 

42. The Representatives and Senators shall be inviolable for the 
opinions manifested in the discharge of their duties, and never can 
be called to account for them. 

43. In all criminal prosecutions instituted against Senators or Rep- 
resentatives, from the time of their election until two months after 
the expiration of their term of service, the former shall be accused 
before the chamber of the latter, and the latter before that of the 
former; each Chamber composing a Grand Jury respectively for this 
object. 

44. If the Chamber sitting as a Grand Jury, in the cases referred 
to in the last article, declare, by a vote of two-thirds of the members 
present, that there is cause for accusation, the accused shall be sus- 
pended and placed at the disposition of the competent tribunal. 

45. The emoluments of the Representatives and Senators shall be 
determined by law, and paid from the general treasury of the Fed- 
eration. 

4G. Each House, and also the meetings spoken of in the 30th Arti- 
cle, shall have power to deliver such orders as they may deem neces- 
sary to carry their resolutions into effect, issued by virtue of the 
functions granted to each by the 35th, 36th, 39th, 40th, 44th, and 45th 
Articles of the Constitution, and the President of the United States 
shall cause them to be executed without making any observations 
upon them. 



3480 Texas— 182^ 

Section 5th. — Of the faculties of the General Congress 

47. Every resolution of the general Congress shall have the char- 
acter of a law or decree. 

48. The resolutions of the general Congress, to be entitled to ihe 
force of law or decree, must be signed by the President, except in cases 
otherwise provided in this Constitution. 

49. The laws and decrees which emanate from the general Congress 
shall have for object — First, to sustain the National Independence, 
and provide for the National Security and preservation of its exterior 
relations. Second, to preserve the Federal Union of the States, arid 
the peace and public order of the interior of the Federation. Third, 
maintain the independence of the States amongst themselves, in- all 
that relates to their interior government in conformity to the Consti- 
tutional Act, and his Constitution. Fourth, sustain the proportional- 
equality of obligations and rights, which the States are entitled to 
before the law. 

50. The exclusive faculties of the general Congress are the follow- 
ing: — First, promote illustration, assuring, for a limited time, exclu- 
sive rights to authors for their respective works, establishing Col- 
leges for marine, artillery, and engineers; erecting one or more estab- 
lishments in which are to be taught natural, political, and moral 
sciences, noble arts, and the languages, without prejudice to the power 
which the Legislatures have to regulate public education in their 
respective States. Second, promote the general prosperity, by open- 
ing and improving roads and canals, without impeding the States in 
the improvement of theirs; establishing mails and post-offices, and 
securing, for a limited time, exclusive right to the inventors, perfec- 
tioners or introducers of any branch of industry, for their respective 
inventions, perfections, or new introductions. Third, protect and 
regulate the political liberty of the press, in order that its exercises 
may never be suspended, and much less abolished, in any of the States 
and Territories of the Federation. Fourth, admit new States to the 
Federal Union or Territories, incorporating them in the nation. Fifth, 
regulate definitively the limits of the States, when they cannot agree 
among themselves about the demarkation of their respective districts. 
Sixth, form States out of Territories, or unite them to those already 
existing. Seventh, unite two or more States, by a petition of their 
Legislatures, to form one only, or form a new one from the limits of 
those that already exist, with the approbation of three-fourths of the 
members present of both Houses, and a ratification of an equal number 
of the Legislatures of the other States of the Union. Eighth, fix the 
general expenses, establish the necessary contributions to cover them, 
regulate their collection, determine the inversion, and take annually 
accounts thereof from the Government. Ninth, contract debts upon 
the credit of the Federation, and designate guarantees to cover them. 
Tenth, acknowledge the National debt, and designate means for its 
consolidation and payment. Eleventh, regulate the commerce with 
foreign nations, and among the different States and tribes of Indians. 
Twelfth, give instructions to celebrate covenants with the Apostolic 
Chair, approve them for their ratification, and regulate the exercise 
of the patronage in all parts of the Nation. Thirteenth, approve 
treaties of peace, alliance, friendship, federation, armed neutrality, 
and whatsoever others which the President of the United States may 



Texas— 1824 3481 

celebrate with foreign powers. Fourteenth, to establish all kind of 
courts, custom-houses, and designate their locations. Fifteenth, deter- 
mine and regulate the weight, standard, value, type and denomination 
of money in all the States of the Federation, and adopt a general sys- 
tem of weights and measures. Sixteenth, declare war after examining 
the data prescribed by the President of the United States. Seven- 
teeth, form regulations relative to granting letters of marque and 
reprisal, and to declare good or bad captures by sea and land. Eight- 
eenth, designate the armed force of sea and land, fix the respective 
quota of men of each State, and give orders and regulations for their 
organization and service. Nineteenth, form regulations to organize, 
arm, and discipline the local militia of the States reserving to each one 
the appointment of their respective officers, and the faculty of training 
them conformably to the discipline prescribed by said regulations. 
Twentieth, to grant or deny the entrance of foreign troops in the Ter- 
ritory of the Federation. Twenty-first, permit or not, the station of 
squadrons of any other power, for more than one month, in the Mex- 
ican ports. Twenty-second, permit or not, the departure of National 
troops within the limits of the Federation. Twenty-third, create or 
suppress public officers of the Federation, designate, augment or 
diminish their emoluments and pensions. Twenty- fourth, grant pre- 
miums and recompenses to corporations or persons who have ren- 
dered important services to the Republic, and decree public honors to 
the posthumous memory of great men. Twenty-fifth, grant amnesty 
or pardon for crimes, the cognizance of which appertains to the tri- 
bunal oi the Federation, in the cases, and with the previous require- 
ments prescribed by law. Twenty-sixth, to establish a general law 
of naturalization. Twenty-seventh, to give uniform laws in every 
State, on the subject of bankruptcies. Twenty-eighth, to select a place 
to serve as a residence for the supreme powers of the Federation, and 
exercise within its limits the attributions of the legislative powers of 
the State. Twenty-ninth, to change such residence when they may 
deem it necessary. Thirtieth, give laws and decrees for the regulation 
of the interior administration of the Territories. Thirty-first, dictate 
all the laws and decrees that may be conductive to fulfill the object 
spoken of in the 49th Article, without interfering with the interior 
administration of the State. 

Section Oth. — Formation of the Lairs. 

51. The formation of laws and decrees can proceed indiscrimi- 
nately from either of the two Houses, with the exception of those 
which arise from contributions or imposts, which cannot have origin 
except in the House of Representatives. 

52. There shall be considered as incipients of law or decree — First, 
the propositions which the President of the United Mexican States 
may deem conducive to the general good of society, and as such, par- 
ticularly recommend them to the House of Representatives. Second, 
the propositions or plans of laws or decrees which the legislatures 
may direct to either House. 

53. All projects of a law or decree, without any exception, shall be 
successively discussed in both Houses, observing in each with exacti- 



3482 Texas— 1824 

tu<le, the rules relative to the form of debates, interval and mode of 
proceeding in discussing and voting. 

54. The projects of a law or decree rejected in the House where it 
originated, before being sent to the other House, shall not be renewed 
in the same House by its members in the sessions of that year. Imt 
must remain until the following- year. 

55. If the project of a law or decree, after having been debated, 
should be approved by the absolute majority of the members present 
of both Houses, shall be passed to the President of the United States, 
who also, if he approves it, shall sign and publish it, and if not, 
return it, with his observations, within the term of ten days, (Sun- 
days and solemn festivals excepted.) to the House of its origin. 

56. The project of a law or decree, returned by the President- in 
conformity with the preceding Article, shall be a second time dis- 
cussed in the two Houses. If in both of these it should be approved- 
by two-thirds of the members present, it shall be again returned to 
the President, who, without excuse, must sign it and publish it, but 
if it was not approved by the vote of two-thirds of both Houses, it 
cannot be renewed in either of them until the next year. 

57. If the President does not return any project of a law or decree 
within the time prescribed in the 55th Article, it shall, from that cir- 
cumstance be considered as sanctioned and as such shall be promul- 
gated, unless in the mean time, the session of Congress should be 
closed or suspended, in which case the return must be made on the 
first day in which Congress shall be re-assembled. 

58. The project of a law or decree, totally rejected for the first time 
by the House to which it has been sent, shall be returned with their 
observations to the one in which it originated, if after a re-examina- 
tion the said House shall again approve of it by a vote of two-thirds 
of the members present, it shall be sent a second time to the House 
that rejected it, who cannot a second time reject it without the con- 
currence of two-thirds of the members present. 

59. The projects of a law or decree, approved of after a second 
revision by two-thirds of the members of the House where it origi- 
nated, and not rejected by two-thirds of the members of the other 
House, shall be sent to the President, who shall sign and publish it, 
or return it within ten days (Sundays, &c, excepted) to the House 
where it originated, with his observations. 

60. The project of a law or decree, which according to the fore- 
going Article, the President returned to the House of its origin, it 
shall be again taken into consideration, and if this approves it by a 
vote of two-thirds of the members present, and the revising body 
does not reject, by an equal number of its members, it shall be 
returned to the President, who must publish it. But if was not 
approved by the vote o£ two-thirds of the House of its origin, or was 
rejected by an equal number of the revising body, it cannot be renewed 
until the ordinary subsequent sessions. 

61. In the event of the rejection a second time of the revising body, 
in conformity with the 58th Article, the project shall be considered 
rejected, and cannot be reconsidered until the following year. 

62. In the amendments which the revising body make to any 
project of a law or decree, there shall be observed the same for- 



Texas— 1824 3483 

malities required before the project of a law can be sent to the 
President. 

63. The parts of a project of a law or decree rejected for the first 
time by the revising body, shall take the same course as those totally 
rejected by it for the first time. 

G4. In the interpretation, modification, or revocation of the laws or 
decrees, the same requisites shall be observed which are prescribed 
for their formation. 

65. All resolutions of the general Congress communicated to the 
President of the Republic, must be signed by the President of both 
Houses and by a Secretary of each one of them. 

66. For the formation of every law or decree, it is necessary that 
an absolute majority of all the members of each House should be 
present in their respective Houses. 

Section Tth — Of the time, duration and place of the Sessions of the 

General ( 'ongress 

67. The general Congress shall meet every year on the first day of 
January at the place designated by law; its internal rules shall 
prescribe the previous forms necessary at the opening of its sessions, 
and the formalities which are to be observed at its installation. 

68. The President of the Federation shall assist at the installa- 
tion, and pronounce a discourse analogous to this important act, and 
the person who presides in Congress, shall answer it in general 
terms. 

69. The ordinary sessions of Congress shall be daily, without any 
other "interruption than that of the days of solemn festival, and in 
order to adjourn for more than three days, the consent of both Houses 
shall be necessary. 

TO. Both Houses shall reside in the same place, and cannot move 
to another, without first agreeing on the removal, the time and man- 
ner of effecting it, designating the same point, for the reunion of one 
and the other. But if they agree on a removal, and differ as to the 
time, mode, and place, the President of the States shall determine 
the difference, electing one of those in question. 

71. The Congress shall close its sessions annually on the 15th day 
of April, with the same formalities as are prescribed for its opening, 
proroguing the session 30 days, (Sundays and solemn festivals ex- 
cepted) when they may deem it necessary, or when the President of 
the Federation requires it. 

72. When the general Congress is assembled for extraordinary ses- 
sions, it shall be formed of the same Representatives and Senators as 
the ordinary sessions of that year, and shall occupy itself exclusively 
on the object or objects for which it was convened ; but if these 
should not be completed on the day in which the ordinary sessions 
are to commence, the extraordinary sessions shall cease, and the sub- 
ject pending shall be determined by Congress in said ordinary sesions. 

73. The resolution that the Congress take relative to the removal, 
suspension, or prorogation of their sessions, agreeably to the three 
preceding Articles, shall be communicated to the President, who shall 
cause them to be executed without making any observations upon 
them. 



3484 Texas— 1824 

Title 4th 
Section 1st — Of the Supreme Executive power of the Nation. 

74. The supreme executive power of the Federation shall be depos= 
ited in one individual who shall be styled President of the United 
Mexican States. 

7."). There shall likewise be a Vice President, on whom will devolve 
the faculties and prerogatives of the President, in case of his physical 
or moral inability to serve. 

70. To be President or Vice President, it is required to be a Mexi- 
can citizen by birth, thirty-five years of age at the time of the elec- 
tion, and to be a resident in the country. 

77. The President cannot be re-elected for this office, until after 
four years are passed from the time of his retirement. 

78. Tie that is elected President or Vice President of the Republic 
shall accept these offices in preference to any others. 

79. The first day of September, anterior to the year in which the 
new President must enter on the exercise of his duties, the Legisla- 
tures of each State shall elect by an absolute majority of votes two 
individuals, one of which, at least, must not be a native of the State 
that elects. 

80. The voting concluded, the Legislatures shall remit to the Presi- 
dent of the Council of Government, a legal return of the election, in 
order that he may give it the course designated by the rules of the 
Council. 

81. The sixth of January afterwards, the said returns shall be read 
in presence of both Houses united, provided those of three-fourths of 
the Legislatures of the States have been received. 

82. The reading of said returns concluded, the Senators shall retire, 
and a committee appointed by the House of Representatives, and 
composed of one from each State of those that have representatives 
present, shall revise them and render an account of the result. 

83. The House shall then proceed to class the elections and enu- 
merate the votes. 

84. He who has an absolute majority of the votes of all the Legis- 
latures shall be the President. 

85. If two should have said majority, he shall be President who 
has the most votes, and the other the Vice President. In case of a 
tie with said majority, the House of Representatives shall elect one 
of the two for President, and the other shall be Vice President. 

8C>. If no one should have the absolute majority of the votes of the 
Legislatures, the House of Representatives shall elect the President 
and Vice President, choosing in each election, one of the two which 
had the greatest number of suffrages. 

87. When more tharfCtwo individuals have a respective majority 
and equal number of votes, the House shall choose from them the 
President or Vice President, as the case may be. 

88. If one has received the respective majority, and two or more 
have an equal number of suffrages but greater than the others, the. 
House shall elect from among those who have the greatest number of 
votes. 

89. If all have an equal number of votes, the House shall elect from 



Texas— 1824 3485 

among thorn all, the President and Vice President, doing the same 
when one lias a number of suffrages and the others an equal number. 

90. If there should be a tie upon the voting of the classing of the 
elections made by the Legislatures, the vote shall be repeated once, 
and if it should result in a tie, shall decide it by lot. 

91. In the competitions between three or more that have an equal 
number of votes, the voting shall be directed to the reduction of the 
competitors to two or one, in order that in the election he may con- 
tend with the other, that may have obtained a relative majority over 
all the others. 

92. For a general rule in voting, relative to the election of Presi- 
dent and Vice-President, they shall not refer to lots before having 
made a second vote. 

93. The voting on classifications of electors made by the Legisla- 
tures, and on those made by the House of Representatives, for Presi- 
dent and Vice President shall be made by States, the representation 
of each one having a single vote, and in order that there may be a 
decision in the House, it must contain an absolute majority of the 
votes. 

94. In order to deliberate on the objects contained in the foregoing 
Article, there must be united in the House more than the half of the 
total number of its members, and be present, representatives from 
three-fourths of the States. 

Section 2d. — Duration of the office of President and Vice President, 
manner of filling the vacancies of both and their oath 

95. The President and Vice President of the Federation shall enter 
upon the discharge of their duties on the iirst of April, and shall 
be replaced precisely on the same day every four years by a new con- 
stitutional election. 

96. If for any motive, the elections of President and Vice Presi- 
dent are not made and published by the first of April, when they 
ought to take their seats, or those elected should not immediately 
enter upon the discharge of their duties, nevertheless, the former ones 
shall go out of office the same day, and the Supreme Executive power 
shall be deposited, provisionally, in a President, that shall be elected 
by the House of Representatives, voting by States. 

97. In case the President should be indisposed, then the provisions 
in the preceding Article shall have effect, and if both should be at 
the same time, and Congress not being in session, the Supreme Execu- 
tive Power shall be deposited in the hands of the Chief Justice of the 
Supreme Court, and two individuals that shall be elected by an abso- 
lute plurality of votes by the Council of Government; these are not 
to be members of the general Congress, and are to have the qualities 
requisite to be President of the Federation. 

98. Until the elections are made to which the preceding Articles 
allude, the Chief Justice of the Supreme Court shall be charged with 
the Supreme Executive Power. 

99. In case of the perpetual inability of the President and Vice 
President to serve, Congress, or in its recess, the Council of Govern- 
ment, will respectively provide according to articles 96 and 97, and 
so dispose that the Legislatures proceed to the election of President 
and Vice President, according to the forms prescribed by the Con- 
stitution. 



3486 Texas— 1824 

100. The elections of President and Vice President, made by the 
Legislatures, in consequence of the perpetual inability of those to 
serve who had been elected for these offices, shall not impede the 
ordinary elections the first of September every four years. 

101. The President and Vice President newly elected, must be .on 
the first day of April, in the place where the supreme powers of the 
Federation reside, and before both Houses assembled, swear to observe 
the duties imposed on them under the following form: 

"I, N Elected President (or Vice President) of the 

United Mexican States, swear before (ion and the Holy Evangelists, 
that I will exercise faithfully, the charge the same U. S. have con- 
fided in me, and that I will keep, and cause to be kept exactly, the 
Constitution and general laws of the Federation." 

10:2. If neither the President or Vice President present themselves 
to swear as the preceding Article' provides, and the sessions of ('on-, 
gress being open, they shall swear before the Council of Government 
as soon as each one presents himself. 

103. If the Vice President takes the oath prescribed in Article 101, 
before the President, he shall enter immediately on the discharge of 
the duties of President until he shall have sworn. 

104. The President and Vice President constitutionally appointed 
according to Article !> ( .>. and those individuals provisionally ap- 
pointed to exercise the charge of President, according to Articles 96 
and 97, shall be sworn as prescribed in Article 101, before both 
Houses, if assembled, if not. before the Council of Government. 

Section 3d. — Of the prerogatives of the President <m<I Vice President 

105. The President has the power to lay before Congress such prop- 
ositions or amendments of laws as he may deem conducive to the gen- 
eral good, directing them to the House of Representatives. 

100. The President has the power once in the space of ten days 
(Sundays and solemn festivals excepted) to make observations upon 
the laws and decrees passed to him by Congress, suspending their 
publication until the resolution of Congress, except in the cases men- 
tioned in this Constitution. 

107. The President, during the time of his administration, cannot 
be accused, except before either of the Houses, and only in crimes 
alluded to in Article 38, committed in the time therein expressed. 

108. Within one year from the day on which the President ceases 
his functions, he cannot be accused except before one of the Houses 
for crimes alluded to in Article 38, or any others committed during 
the term of his administration ; after this he cannot be accused for 
those crimes. 

109. The Vice-President, during the four years of his administra- 
tion, cannot be accused" except before the House of Representatives, 
for whatever crime he commits during the time of his administration. 

Section 4th. — Attributions of the President and the restrictions of 

his faculties 

110. The attributions of the President are the following: First, to 
publish, circulate, and cause to be kept, the laws and decrees of the 
general Congress. Second, to give rules and decrees and orders for 
the better observance of the Constitution, constitutional act and 



Texas— 1824 3487 

general laws. Third, to put into execution the laws and decrees 
directed to preserve the integrity of the Federation, and to sustain its 
independence in its exterior, together with its union and liberty in its 
interior. Fourth, to name and remove freely. Secretaries of the 
departments. Fifth, to direct the collection of, and decree the inver- 
sion of general contributions agreeably to the laws. Sixth, to name 
the officers of the Treasury department, and those of the commissary 
generals, diplomatic ministers, and consuls, colonels and other supe- 
rior officers of the permanent army, active militia and navy, with the 
approbation of the Senate, and should it not be in session, with the 
Council of Government. Seventh, to name all other officers of the 
permanent army, navy, and active militia, and officers of the Federa- 
tion, conformably to the laws. Eighth, to appoint, after previous 
recommendation from the Supreme Court, Judges and Attorney 
Generals of the Circuit and District. Ninth, to grant discharges, 
grant licenses, and regulate military pensions according to law. 
Tenth, to dispose of the permanent armed force by sea and land, and 
the active militia for the security of the interior and defence of the 
exterior of the Federation. Eleventh, to dispose of the local militia 
for the same purposes, but to take them out of their respective States 
or Territories, it will require the previous consent of Congress, who 
will also designate the force necessary. Should Congress not be as- 
sembled, the consent of the Council of Government will be necessary, 
and who will also designate the number. Twelfth, to declare war in 
the name of the United Mexican States, after a previous decree of 
Congress to that effect, and to grant commissions to Privateers in 
conformity with the laws. Thirteenth, to celebrate covenants with 
the Apostolic Chair, as designated in clause 12th of Article 50. 
Fourteenth, to direct diplomatic negotiations, and to celebrate treaties 
of peace, amity, alliance, truce, federation, armed neutrality, com- 
merce, and all others, but to give or deny the ratification of any of 
them, requires the approbation of the general Congress. Fifteenth, 
to receive ministers and other envoys from foreign nations. Six- 
teenth, to request Congress to prorogue their sessions for thirty days, 
(Sundays, &c., excepted.) Seventeenth, to assemble Congress for ex- 
traordinary sessions, as he may deem the case necessary, by the consent 
of two-thirds of the Council of Government present. Eighteenth, 
also to assemble an extraordinary session of Congress, when the 
Council of Government shall deem it necessary, and the vote of two- 
thirds of the members present is given to that effect. Nineteenth, to 
see that justice is promptly and impartially administered by the 
Supreme Courts, Tribunals, and inferior courts of the Federation, and 
that their sentences be executed according to law. Twentieth, to sus- 
pend from their employments, for the space of three months, and 
deprive one-half of their pay for the same time, all officers belonging 
to the Federation, violators of its orders and decrees; and should there 
be cause for a prosecution against such officers, he shall place the sub- 
ject before its proper tribunal. Twenty-first, to grant the passage, or 
retain the decrees of the Ecclesiastical Councils, Pontifical P>ulls, 
Briefs and Rescripts with the consent of the general Congress, if they 
contain general dispositions to be laid before the Senate, or in its 
recess, bofer the Council of Government, if containing Governmental 
business, and before the Supreme Court of Justice, if it is a subject of 
litigation. 



3488 Texas— 1824 

111. The President, in publishing laws and decrees, shall list- the 
following form: "The President of the United Mexican States, to 
the inhabitants of the Republic. Know, that the general Congress 
have decreed the following: (here the subject) Therefore, I command 
that it be printed, published, and circulated, and that due compliance 
be given it. 

112. The restrictions of the faculties of the President are the fol- 
lowing: First, the President cannot take command of the forces by 
sea or land in person, without the previous consent of the general 
Congress, or should it not be in session, without the Council of (iov- 
ernment, by a vote of two-thirds of the members present. When he 
takes the command with these requisites, the Vice-President shall 
administer the Government. Second, the President has not the right 
to deprive any one of his liberty nor inflict punishment on any indi- 
vidual, but when the safety of the Federation requires it, he can 
arrest any person provided he places the person arrested, within 48 
hours, at the disposition of the competent judge or tribunal. Third, 
the President cannot occupy the property of any individual or corpo- 
ration, or disturb the possession, use. or benefit of it; and should it 
be necessary for the public good, to take the property of any indi- 
vidual or corporation, it will require the approbation of the Senate, 
or in its recess, the approbation of the Council of Government, in- 
demnifying the party interested, by the decision of men chosen by the 
party and the Government. Fourth, the President cannot impede the 
elections and other acts expressed in the*last clause of the 38th Arti- 
cle. Fifth, the President or Vice-President cannot leave the Terri- 
tory of the Republic without the consent of Congress, during the dis- 
charge of their duties, and for one year after they retire from office. 

Section 5th. — Of the Council of Government 

113. During the recess of Congress there shall be a Council of Gov- 
ernment, composed of one-half of the members of the Senate, one for 
each State. 

114. For the first two years this Council of Government shall be 
composed of the first members elected by their respective Legislatures, 
and the succeeding year by the oldest members. 

115. This Council shall have for President the Vice-President of 
the United States, and also have the power to elect a President pro 
tern, to fill the vacancy occasioned by the absence of the other. 

116. The attributions of this Council are the following: First, to 
see that the Constitution is strictly observed, and the constitutional 
act. and general laws, and to give their advice in any incident rela- 
tive to these objects. Second, to lay before the President any obser- 
vations conducive for the better compliance of the Constitution and 
laws of the Union. Tkird, to determine of themselves only, the ad- 
vice of the President, the calling of extraordinary sessions of Con- 
gress; but in either, it shall require the vote of two-thirds of the 
counsellors present, as stated in attributions 17 and 18, of Article 110. 
Fourth, to grant their consent to the calling out of the local militia, 
in the manner stated in Article 110, attribution 11. Fifth, to approve 
the appointment of officers designated in attribution six of Article 
110. Sixth, to give their consent in the case referred to in Article 
1 L2, restriction first. Seventh, to name two individuals who shall, in 



Texas— 1824 3489 

conjunction with the Chief Justice of the Supreme Court, provision- 
ally exercise the Supreme Executive Power. a> prescribed in Article 97. 
Eighth, to administer the oath stated in Article 101. to those indi- 
viduals of the Supreme Executive Power, in the terms provided in 
this Constitution. Ninth, to give their opinion on subjects referred 
to them by the President, by virtue of the 21st faculty of Article 110, 
and all business wherein he may consult them. 

Section 6th. — Of tin- despatch of Government business 

117. For a despatch of government business of the Republic, there 
shall be the number of Secretaries of State which Congress b\ a law 
may establish. 

118. All regulations, decrees, ami orders of the President, must be 
signed by the Secretary of State of the department to which the sub- 
ject belongs, and without this pre-requisite they shall not be obeyed. 

111>. The Secretaries of State shall be responsible for the act- of 
the President, unauthorized by their signatures, contrary to the Con- 
stitution, constitutional act, and general laws and Constitutions of the 
States. 

120. The Secretaries of State shall give to each House, a- soon as 
their annual sessions are opened, an account of the state of their re- 
spective departments. 

121. To be a Secretary of State it is necessary to be a Mexican 
citizen by birth. 

122. The Secretaries of State shall form a regulation for the better 
distribution and direction of their duties, which shall be passed by the 
Government to the Congress for their approbation. 

Title 5th 

Section 1st. — Of the Judicial Power of the Confederation 

123. The Judicial Power of the Federation shall reside in one Su- 
preme Court of Justice, and in the Circuit and District Courts. 

Section 2d. — Of the Supn me ( 'ourt of Justu < . the < It ction, terms of 
service, and oath of its members 

121. The Supreme Court of Justice shall be composed of eleven 
members divided into three halls, and one Attorney General. Con- 
gress may augment or diminish its number as they deem necessary. 

125. To be elected a Judge of the Supreme Court of Justice, it is 
necessary to have been instructed in the science of public rights, 
according to the judgments of the Legislatures of the States, to be 
35 years of age, to be a native-born citizen of the Republic, or born 
in any part of America, which in 1810, was dependent on Spain, and 
has separated from her, provided they have been five years resideni 
within the territory of the Republic. 

126. The Judges of the Supreme Court of Justice shall hold their 
offices during good behavior, and can only be removed in the mode 
prescribed by the law. 

127. The election of the Judges of the Supreme Court of Justice 
shall be made on the same day by the Legislatures of the States, by 
an absolute majority of votes. 



3490 Texas— 1824 

128. The elections concluded, each Legislature shall remit to the 
Council of Government a certified list of the twelve persons elected, 
designating which one of them was elected the Attorney-General. 

129. The President of the Council, as soon as he shall have re- 
ceived the list from at least three-fourths of the Legislatures of the 
States, shall give them direction indicated by the rules of the Council. 

130. On the day designated, the Congress shall open and read the 
said lists in presence of both Houses united, after which the Senate 
shall retire. 

131. In continuation, the House of Representatives shall appoint, 
by an absolute majority of votes, a committee, which shall be com- 
posed of one member from each State, from which there was any 
member present, to which committee the said lists shall be passed, 
who will revise and examine them, and render an account of "the 
result; and the House shall then proceed to class the election and 
count the votes. 

L32, The individual or individuals who may have received more 
than half the votes of the whole number of the Legislatures, without 
regard to the number of votes given by their respective members, 
shall be considered elected; and the declaration of the House to that 
effect shall immediately entitle them to their seats, 

133. Should those who may have received the necessary majority 
of votes agreeably to the last article, not amount to 12, the House shall 
elect the balance from those who had the highest number of votes 
before the Legislatures, observing in everything relative to these 
elections the provisions of the first section of the 4th title, which treats 
of the election of President and Vice-President. 

134. Should a Senator or Representative be elected a Judge of the 
Supreme Court of Justice, his election to that office shall be preferred 
over the other. 

135. When a vacaney occurs in a Supreme Court of Justice by per- 
petual inability, it shall be filled agreeably to this section, after a 
previous notification given by the Governor to the Legislature of the 
State of said vacancy. 

136. The members of the Supreme Court of Justice on entering 
upon the exercise of the office shall take an oath in the presence of the 
President of the Republic, in the following form : " You swear to 
God our Lord, faithfully to discharge the duties and obligations con- 
fided to you by the nation — if you do this God will reward you, if 
otherwise he will punish you." 

Section 3d. — Of the attribution* of the Supreme Court of Justice 

137. The attributions of the Supreme Court are the following: 
First, to take cognizance of the difference which may arise between 
one and another State «f the Federation, whenever it embraces a sub- 
ject of litigation in which there must be a formal sentence, and those 
that arise between one State and one or more inhabitants of another, 
or between individuals about pretensions to lands under concession 
from States, without depriving the party of the right of reclaiming 
the concession from the authority which granted it. Second, to 
terminate all disputes which arise, or contracts or negotiations made 
by the Supreme Government or its agents. Third, consult relative 
to publishing or retaining of Pontificial Bulls, Briefs, and Rescripts 



Texas— 1824 3491 

issued in matters litigant. Fourth, adjust any dispute that may exist 
among the tribunals of the Federation, and between these and those 
of the States, and those which may arise between the tribunals of one 
State and those of another. Fifth, to take connoisance : First, of the 
prosecutions moved against the President and Vice-President accord- 
ing to Articles 38 and 30, after the previous declaration in Article 40. 
Second, of the criminal prosecutions of the Representatives and Sena- 
tors, indicated in Article 43, after the previous declaration required 
in Article 44. Third, of those against Governors of the States in the 
cases spoken of in Article 38, in its third part, after the previous dec- 
laration required in Article 40. Fourth, of those of Secretaries of 
State in conformity with Articles 38 and 40. Fifth, of the civil and 
criminal affairs of the Diplomatic Ministers and Consuls of the Re- 
public. Sixth, of the Admiralty cases, captures by sea, land, and con- 
traband, of crimes committed on the high sea. of the offences against 
the United Mexican States, of those employed in the Treasury and 
Judiciary of the Federation, and of the infractions of the Constitu- 
tion and general laws, as may be provided for by law. 

138. A law shall regulate the mode and grade by which the Su- 
preme Court of Justice shall take cognizance of the cases compre- 
hended in this section. 

Section 4th. — Of tht mode of judging the members of the Suprt me 

Court 

13!>. In order to judge the members of the Supreme Court, the 
House of Representatives shall elect, voting by States, in the first 
month of the ordinary sessions of each biennial, twenty-four indi- 
viduals not appertaining to the general Congress, and who shall pos- 
sess the qualifications required for judges of the Supreme Court; 
from these there shall be elected by lot an Attorney-General and an 
equal number of Judges equal to that which composes the first Hall 
of the Court, and whenever it may be necessary the same House shall 
proceed, and in its recess, the Council of Government, to draw in the 
same manner Judges of the other Halls. 

Section 5th. — Of the Circuit Courts 

140. The Circuit Court shall be composed of a Judge of the law 
and a prosecuting Attorney, both appointed by the Supreme Execu- 
tive Power, proposed by the Supreme Court, and two Associate 
Judges, as the law may prescribe. 

141. In order to be a Circuit Judge it is necessary to be a citizen of 
the Federation, and thirty years of age. 

142. To these tribunals, corresponds the cognizance of admiralty 
cases, captures by sea and land, contraband, crimes committed on the 
high sea, offences against the United Mexican States, cases of con- 
suls, and civil cases whose value exceeds $500. and in which the Fed- 
eration are interested. By a law. shall be designated the number of 
these tribunals, their respective jurisdictions, the mode, form, and 
grade, in which they must exercise their powers in these and other 
matters which come under the cognizance of the Supreme Court of 
Justice. 



3492 Texas— 1824 

Section 6th. — Of the District Courts 

143. The United Mexican States shall be divided into a certain 
number of districts, and in each one of which there shall be a tribunal 
presided by a judge of the law, which shall take cognizance without 
appeal, of all civil cases in which the Federation is interested, the 
amount of which does not exceed $500, and shall have original juris- 
diction in all cases in which the circuit courts have appellate juris- 
diction. 

144. In order to be a District Judge, it is necessary to be a citizen 
of the United Mexican States, and twenty-five years of age. The 
Judges shall be appointed by the President, proposed by the Supreme 
Court. 

Section 7th. — General Rules 1<> which <il! the States and TerHtories 
in the Federation shall conform in the administration of Justice 

145. In each one of the States of the Federation, full faith and 
credit shall be given to the acts, registers, and proceedings of the 
judges and other authorities of the other States. The general Con- 
gress shall regulate the laws by which said acts, registers, and pro- 
ceedings shall be authenticated. 

140. The sentence of infamy shall not extend beyond the criminal 
that may have merited it according to law. 

147. There is forever prohibited the penalty of confiscation of 
estates. 

148. There is forever prohibited all judgments by commission and 
all retro- a dive laws. 

149. No authority shall apply any species of torture, whatever may 
be the nature or state of the prosecution. 

150. No one shall be imprisoned, unless there is reasonable ground 
to suppose him criminal. 

151. No one shall be imprisoned on suspicion more than seventy 
hours. 

152. No authority shall give an order for the search of any houses. 
papers, and other effects of the inhabitants of the Republic, except in 
the cases expressly provided for by law, and in the form which it 
designates. 

153. No inhabitant of the Republic shall be compelled to take an 
oath relative to his own acts in criminal affairs. 

154. The military and ecclesiastics will remain subject to the au- 
thority under which they actually are, according to the existing laws. 

L55. No suit can be instituted, neither in civil or criminal cases, for 
injuries, without being able to prove, having legally attempted, the 
means of conciliation. 

150. None can be deprived of the right of terminating his differ- 
ences by means of arbitrators appointed by each party, whatever may 
be the situation of the controversy. 

Title 6th 

Section 1st. — Of the individual gooernment of the States 

Km. The government of each State shall be divided for its exercise 
in three powers, Legislative, Executive, and Judicial, and never can 



Texas— 1824 3493 

be united two or more of these in one corporation or person, nor the 
Legislature deposited in one individual. 

158. The legislative power of each State shall reside in one Legis- 
lature, composed of the number of individuals which their respective 
constitutions may determine, to be elected popularly and removable, 
in the time and manner which said constitutions may designate. 

159. The person or persons in whom the States confide their Execu- 
tive power, cannot exercise it except for a definite time, which shall 
be fixed by their respective constitutions. 

1(50. The judicial power of each state shall be exercised by the 
Tribunals that the Constitution may establish or designate, and all 
cases, civil or criminal, which appertain to the cognizance of those 
Tribunals, shall be terminated in them to final judgment and execu- 
tion. 

Section 2d. — Of the obligations of tin states 

161. Each one of the States is obliged — First, to organize its inte- 
rior government and administration, without opposing this Constitu- 
tion nor the constitutional act. Second, to publish, by means of their 
Governors, their respective Constitutions, laws, and decrees. Third, 
to obey, and cause to be obeyed, the Constitution and general laws of 
the Union, and treaties made, and those that henceforward may be 
made, by the supreme authority of the Federation with any foreign 
Power. Fourth, to protect its inhabitants in the free use and liberty 
which they have to write, print, and publish their political ideas, 
without the necessity of license, revision, or approbation previous to 
publication, always taking care to observe the general laws on the 
subject. Fifth, to deliver immediately, the criminals of other States, 
to the authority which reclaims them. Sixth, to deliver the fugitives 
of other States to the person that justly reclaims them, or compel 
them in some other mode to satisfy the interested party. Seventh, to 
contribute for the consolidation and extinguishment of the debts 
acknowledged by the general Congress. Eighth, to remit annually to 
each one of the Houses of Congress, a general, circumstantial, and 
comprehensive note, of the ingress and egress in all the Treasuries 
they may have in their respective districts, with a relation of the 
origin of one and the other, of the situation in which are found the 
branches of industry, agriculture, commerce and manufactures, of the 
new branches of industry which they can introduce and extend, desig- 
nating the means by which it can be obtained, and of their respective 
population and means of protecting and augmenting it. Ninth, to 
remit to both Houses, and in their recess, to the Council of Govern- 
ment, and likewise to the Supreme Executive Power, authorized 
copies of the Constitutions, laws, and decrees. 

* Section 3d. — Restrictions of the Powers of the State 

1(52. None of the States can — First, establish, without the consent 
of the general Congress, any tonnage duty, nor other post duty. 
Second, impose, without the consent of the general Congre-s. contri- 
butions or duties on importations or exportations, whilst the law docs 
not regulate it as it must do. Third, hold, at no time, a permanent 
troop nor vessels of war, without the consent of the general Congress. 
Fourth, enter into any agreement or compact with any foreign power, 

7254— vol 6—09 20 



3494 Texas— 1824 

nor declare war against them, resisting in case of actual invasion, or 
in such clanger as will not admit of delay, giving immediate notice 
thereof to the President of the Republic. Fifth, enter into any agree- 
ment or compact with other States of the Federation, without the 
previous consent of the general Congress or its posterior approbation, 
if the transaction was upon the regulation of limits. 

Title 7th 

Only Section. — Of the observance, interpretation, and amendment 
of the Constitution and Constitutional Act 

163. Every public functionary, without exception to the class, pre- 
vious to entering on the discharge of his duties, must take the oath to 
obey the Constitution and Constitutional Act. 

164. The Congress shall dictate all laws and decrees, which they, 
may deem necessary to render effective, the responsibility of those 
who violate this Constitution or the Constitutional Act. 

165. The general Congress alone can resolve doubts, which may 
occur about the meaning or understanding of the Articles of this Con- 
stitution and of the Constitutional Act. 

166. The Legislatures of the States can make such observations as 
they may deem proper about particular Articles of this Constitution 
and the Constitutional Act, but the general Congress will not take 
them into consideration until the year 1830. 

167. The Congress in that year shall confine itself to examining thu 
observations that merit the deliberation of the next Congress, and this 
declaration they shall communicate to the President, who shall pub- 
lish and circulate them without any observations. 

168. The following Congress in the first year of its ordinary ses- 
sions, shall occupy themselves in examining these observations sub- 
mitted to their deliberation, in order to make such amendments as 
may be deemed necessary, but the same Congress which makes the 
examination, provided in the last article, cannot decree the amend- 
ments. 

169. The amendments and additions that are proposed in the year 
following, the 30th shall be taken into consideration by the Congress, 
in the second year of each biennial, and if rendered necessary, in con- 
formity with the provisions made in the preceding Article they shall 
publish this resolution, in order that the next Congress may notic-3 
them. 

170. In order to reform or amend this Constitution or the Consti- 
tutional Act, shall be observed, besides the rules prescribed in the 
foregoing Articles, all the requisites provided for the formation of 
laws, excepting the right to make observations granted to the Presi- 
dent, in Article 106. 

171. The Articles of this Constitution and the Constitutional 'Act 
which establishes the Liberty and Independence of the Mexican Na- 
tion, its Religion, form of Government, Liberty of the Press, and 
division of the Supreme Powers of the Federation, and of the States, 
can never be reformed. 

Given in Mexico, 4th October, 1824, fourth year of Independence, 
third of Liberty, and second of the Federation. 

Signed by the members of Congress, and the Supreme Executive 
Power. 



Texas— 1827 3495 

CONSTITUTION OF COAHUILA AND TEXAS— 1827 * " 

The Governor of the Free State of Coahuila and Texas, to all its 
inhabitants — Know, that the Constituent Congress of the same State. 
has Decreed and sanctioned the following political Constitution of 
the Free State of Coahuila and Texas. 

In the name of Gon, omnipotent, author, and' supreme legislator of 
the Universe, the Constituent Congress of the State of Coahuila and 
Texas, desirous to comply with the will of the people, and in order 
completely to fill the great and magnificent object of promoting the 
glory and prosperity of the same State, Decrees for its administration 
and government the Constitution which follows : — 

PREL] M I N Alt V DISH ISITK >NS 

Article 1. The State of Coahuila and Texas consists in the union 
of all its inhabitants. 

2. It is free and independent of the other United Mexican States, 
and of every other foreign power and dominion. 

3. The sovereignty of the State resides originally and essentially 
in the general mass of the individuals who compose it; but these do 
not of themselves excuse any other acts of sovereignty than those des- 
ignated in this Constitution, and in the form which it prescribes. 

4. In all matters relating to the Mexican Federation, the State dele- 
gates its faculties and powers to tlie General Congress of the same. 
but in all that properly relates to the administration and entire Gov- 
ernment of the State, it retains its liberty, independence, and sov- 
ereignty. 

5. Therefore, Belongs exclusively to the same State, the right to 
establish by means of its representatives, its fundamental laws, con- 
formable to the basis sanctioned in the Constitutional Act and the 
General Constitution. 

6. The Territory of the State is the same which comprehends the 
Provinces heretofore known by the name of Coahuilla and Texas. 
A constitutional law shall fix their limits with respect to the other 
adjoining States of the Mexican Federation. 

7. The Territory of the State is divided for the present, for its 
better administration, into three departments, which shall be — 
Bexar — which district is extended to the whole of the Territory, 
which corresponds to that called the Province of Texas, which alone 
is a district. Monclova, which comprehends the district of this name 
and that of Rio Grande Saltillo, which embraces the district of this 
name, and that of Parras. 

8. Congress hereafter shall have power to alter, vary, and modify 
this division of the Territory of the State, in the manner it may 
esteem most conducive to the felicity of the people. 

9. The Apostolic Catholic Religion is that of the State; this it pro- 
tects by wise and just laws, and prohibits the exercise of any other. 

* Verified by "The Constitution of the Republic of Mexico and the State of 
Coahuila and Texas. New York. Ludwig and Tolifree. Printers. 1832." 

a The two northeastern provinces of Mexico, not having sufficient population to 
entitle them to enter the Mexican Union as separate states, were united as " the 
state of Coahuila and Texas." The state congress which met at Saltillo framed 
this constitution, which was proclaimed March 11, 1827. 



3496 Texas— 1827 

10. The State shall regulate and defray the expenses which may be 
necessary for the preservation of worship, in conformity with the 
regulation of the Concordats, which the nation shall celebrate with 
the Holy See, and by the laws it shall dictate relative to the exercise 
of patronage in the whole Federation. 

11. Every man who inhabits the territory of the State, although 
he be in transit, shall enjoy the imprescriptible rights of liberty, 
security, property, and equality; and it is the duty of the same State 
to conserve, and protect by laws, wise and equitable, those general 
rights of mankind. 

12. It is also an obligation on the State to protect all its inhabitants 
in the right which they have to write, print, and publish freely their 
thoughts, and political opinions, without the necessity of examination^ 
revision or censure, anterior to the publication, under the restrictions, 
and responsibilities established, or which hereafter may be estab- 
lished, by general laws on the subject. 

13. In this State no person shall be born a slave, after this Consti- 
tution is published in the capital of each District, and six months 
thereafter neither will the introduction of slaves be permitted under 
any pretext. 

14. It is the duty of every man who inhabits the State, to obey its 
laws, respect its constituted authorities, and contribute to the support 
of the same State, in the mode which it asks. 

15. To the State belongs every species of vacant goods in its Terri- 
tories, and those of its intestate inhabitants who have no legitimate 
successor in the manner laid down by the laws. 

16. The State is composed of only two classes of persons, to wit: 
inhabitants of Coahuila and Texas, (Coahuittejanos) and citizens of 
Coahuila and Texas. 

17. Those are inhabitants of Coahuila and Texas (Coahuittejanos.) 
First, All men born and domesticated in the Territory of the State 
and their descendants. Secondly, those born in any other part of the 
Territory of the Federation, or those who fix their domicile in this 
State. Thirdly, those foreigners who are legitimately established in 
the State, be they of what nation they may. Fourthly, those foreign- 
ers who obtain from Congress letters of naturalization, or have a 
domicile in the State obtained according to law, which shall be passed 
as soon as the Congress of the Union fixes the general rule of naturali- 
zation, which it ought to establish conformable to the 26th clause of 
the faculties which the Federal Constitution designates. 

1«S. Those are citizens of Coahuila and Texas (Coahuittejanos.) 
First, all men born in the State, and who are domiciliated in any part 
of its Territory. Secondly, all citizens of the other the States and Ter- 
ritories of the Federation, as soon as they become domiciliated in the 
State. Thirdly, all the children of Mexican citizens, who have been 
born out of the Territory of the Federation, and who fix their domicile 
in the State. Fourthly, the foreigners who are actually and legally 
domiciliated in the State, whatever may have been the country of their 
nativity. Fifthly, foreigners who enjoy the rights of inhabitants of 
Coahuila and Texas, have obtained from Congress special letters of 
citizenship — the laws will prescribe the merits and circumstances 
requisite for the concession of such. 

19. Those born in the Territory of the Federation, and those for- 
eigners resident in it, (with the exception of their children,) who, at 



Texas— 1827 3497 

the time of the proclamation of the political emancipation of the 
nation, was unfaithful to the cause of independence, and emigrated 
to a foreign country, or thai dependent on the Spanish government, 
are neither entitled to the rights of domiciliation nor citizenship, in 
the State. 

20. The rights of citizenship are lost. First. In* acquiring natural- 
ization in a foreign country. Secondly, by acquiring a station of 
profit, or honor, under a foreign government, without permission of 
Congress. Thirdly, by sentence legally obtained, which imposes 
penal or infamous punishments. Fourthly, by selling his vote, or 
buying that of another, for himself or for a third person, whether in 
popular assemblies, or in any other whatever — and of trust in the 
same assemblies, either as presidents, tellers, or secretaries, or in the 
exercise of any other public functions. Fifthly, for having resided 
five consecutive years out of the limits of the Territory of the Federa- 
tion, without commission of the general government, or particular 
one of the State, or without its leave. 

21. He that has lost the rights of citizenship cannot regain them 
without the express act of restoration of Congress. 

22. The exerecise of the same rights are suspended. First, for 
physical or moral incapacity, previously ascertained by judicial deci- 
sion. Secondly, for not being twenty-one years complete, except 
those who are married, who can enter upon the exercise of these rights 
from the time they contract matrimony, of whatever age they may be. 
Thirdly, for being a debtor to the public funds, the time of payment 
elapsed, legal requisition therefore made, and not complied with. 
Fourthly, for having been prosecuted criminally, unless the defend- 
ant is. absolved of the matter, or condemned to punishment not pain- 
ful or infamous. Fifthly, for not having an employment, trade, or 
any known method of obtaining a livelihood. Sixthly, for not know- 
ing how to read and write; but this shall not take effect until the 
year 1850, with regard to those who hereafter enter into the rights of 
citizenship. 

23. The rights of citizenship can only be destroyed or suspended 
for the causes stated in articles 20 and 22. 

24. None but citizens who are in the exercise of their rights can 
vote for popular employments in the State in those instances stated 
in the law; and these only can obtain the said employments, or any 
others in the same State. 

25. Professional employments form an exception to the second part 
of the anterior article, which employments can also be conferred on 
foreigners. 

FORM OF THE STATE GOVERNMENT 

26. The object of the State government is the happiness of the indi- 
viduals which compose it, for the end of all political society is no 
other than the welfare of the associated. 

27. The officers of the government, invested with whatever kind of 
authority, are no more than mere agents or commissioners of the 
State, responsible to it for their public conduct. 

28. The government of the State is popular representative federal; 
in consequence, it shall not have in it any hereditary office or 
privilege. 



3498 Texas— 1827 

29. The supreme power of the State is divided for its exercise, into 
Legislative, Executive, and Judicial, and never can these three 
powers, nor two of them, be united in one corporation or person, nor 

the Legislative power deposited in one individual. 

30. The exercise of the Legislative power shall reside in a Congress, 
composed of deputies popularly elected. 

31. The exercise of the Executive power shall reside in a citizen, 
who shall be denominated Governor of the State, and who also shall 
be chosen popularly. 

32. The exercise of the Judicial power shall reside in the Tribunals 
and Courts which the Constitution establishes. 

Title 1st. — Of the legislative power of the state 
Section 1st. — Of the Deputies of Congress 

33. The Congress consists of the deputies which represent the 
State, chosen conformably to this Constitution; its number shall be 
that of twelve members proprietary, and six supernumerary mem- 
bers, until the year 1832. a 

34. The Congress in that year, and in the last of every ten years 
which follow, shall have power to augment the number of deputies 
under the standard of one for every 7000 souls. 

35. The election of proprietary deputies and supernumeraries shall 
be held in all and every one of the districts of the State. A law shall 
fix the number of deputies of one and the other class which each dis- 
trict ought to appoint. 

36. To be a deputy, proprietary, or supernumerary, it is required 
to have, at the time of the election, the following qualities: — First, 
to be a citizen in the exercise of his rights. Secondly, to be of the full 
age of twenty-five years. Thirdly, to be an inhabitant of the State, 
with residence in it for two years immediately before the election. 
To natives of the State it is sufficient to possess the two first requisites. 

37. It is necessary for those not born in the Territory of the Fed- 
eration, in order to be deputies, proprietaries, or supernumeraries, 
to have had eight years' residence in it, and to be worth $8000 in 
property, or to have an income of some business of $1000 annually, 
and the qualifications provided in the foregoing article. 

38. There is excepted from the foregoing, those born in any other 
part of the Territory of America, which in the year 1810, depended on 
Spain, and which may not have united itself to any other nation, nor 
remained in dependence on Spain; to those it is sufficient that they 
have been three years, complete, in the Mexican Republic, and pos- 
sess the requisites prescribed in article 36. 

39. Those cannot be, deputies, proprietaries, or supernumeraries; 
First, The Governor, or Vice-Governor of the State; the member of 
the Council of Government; those employed in the Federation; the 
Civil Functionaries of the State Government; the Ecclesiastics who 
exercise any species of Jurisdiction or authority in some part of the 
district where the election may be held; foreigners, at the time when 
war may exist between the country of their nativity and Mexico. 

"The supernumerary deputies are intended to supply vacancies occasioned 
by death or other evil. 



Texas— 1827 3499 

40. In order that those public functionaries of the Federation, or 
of the State, comprehended in the anterior article, may be elected 
deputies, they ought absolutely to have ceased the exercise of their 
functions four months before the election. 

41. If the same individual shall be named deputy proprietary for 
two or more districts, the election of that district in which he actually 
resides shall have preference. If he does not reside in either, the 
election of the district of his origin shall have preference. If he 
was neither a resident nor a native of some one of the said distrticts. 
that shall stand which the same elected deputy shall designate. In 
either of these cases, or of the death or inability of the deputies pro- 
prietary to discharge their functions according to the judgment of 
Congress, their duties shall devolve upon the respective deputies 
supernumerary. 

42. If it shall happen that the same citizen is elected deputy super- 
numerary for two or more districts, in this case the same order of 
preference provided for in the three first parts of the anterior article 
prevails. And in the district which remains without a deputy super- 
numerary, the vacancy shall be filled up by the person who, in the 
respective electoral assembly, had the next greatest number of votes. 
In case of a tie it shall be decided by lot, (suerte.) 

43. The deputies, during the discharge of their commissions, shall 
obtain from the public Treasury of the State, the compensation which 
the anterior Congress shall assign; and they shall also receive what 
may appear necessary for their expenses in going to the place of 
sesion, and in returning from thence to their houses on the close of 
the session. 

44. The deputies at no time, and in no case, nor before any author- 
ity, can be responsible for the opinions which they manifest in the 
discharge of their duties. In criminal cases, instituted against them, 
they shall be judged by the Tribunals which will be hereafter men- 
tioned; and from the day of their appointment until they have 
completed the two years of their deputation, they cannot be accused 
unless before Congress, which is constituted a Grand Jury to declare 
if there is, or is not, cause for an accusation. In the mean time, dur- 
ing the session, the deputies cannot be sued in civil suits, nor arrested 
for debts. 

45. During the time of their deputation, counting for this purpose, 
from the day of their appointment, they cannot obtain for them- 
selves any employment from the government, nor shall they solicit 
it for others, nor even for their promotion, except it be in the regular 
order of office. 

Section 2d. — Of the Nomination of the Deputies 

46. For the election of the deputies, there shall be held electoral 
municipal assemblies, and electoral district assemblies. 

Paragraph 1st. — Of the Electoral Municipal Assemblies 

47. The electoral municipal assemblies shall be composed of the 
citizens who are in the exercise of their rights, and who may be 
inhabitants and residents within the limits of their respective Ayunta- 
mientos, and no person of this can be excused from attending. 



3500 Texas— 1827 

48. These assemblies shall be celebrated the first Sunday and the 
following day of the month of August, of the year anterior to the 
renovation of Congress, in order to nominate the electors of the 

district who are to choose the deputies, and eight days previously, 
the president of every Ayuntamiento, without the necessity of other. 
older, shall call together the citizens of his district, by a proper 
notice, or as may he the custom, that they shall convene to make the 
elections at the time and in the form which this Constitution requite-. 
giving prompt notification to the villages of the same district for the 
information of the inhabitants. 

49. In order that the citizen- can assist with the greater conven- 
ience, every Ayuntamiento according to its locality and the popula- 
tion of its territory, shall determine the number of municipal as- 
semblies which it ought to form in its limits, and the public places 
in which they have to he held, designating the limits of each. 

50. They shall he presided, one by the Political Chief or Alcalde, 
and the remainder by other individuals of* the Ayuntamiento to 
whom it falls by lot, and in default of these, that corporation shall 
appoint as President of the respective municipal assembly an inhabit- 
ant of its own district, who shall know how to read and write. 

51. On the aforesaid Sunday in August, at the hour of meeting 
the citizens who have convened in the place designated for it, shall 
open the said assembly by appointment from amongst themselves, 
by a plurality of votes, one Secretary and two Tellers, who shall 
know how to read and write. 

52. The elections shall be opened on the two days mentioned in 
Article 4-8, for the space of four hours each day, divided between the 
morning and the evening, and in every one of these assemblies there 
shall be a Register, in which shall be written the votes of the citizens 
who come together to name the electors of the district, setting down 
in alphabetical order the names of the voters and those voted for. 

53. To be an elector of a district, it is necessary to be a citizen in 
the exercise of his rights, of the age of 25 years complete, to know- 
how to read and write, and to be an inhabitant and resident in some 
part of the same district, the year immediately anterior to the 
election. 

54. Every citizen shall choose by voice or writing, the respective 
electors of the district, whose names (the election being had accord- 
ing to the former mode) the voter shall designate in a loud voice, 
and it shall be entered in a list and then read by the Secretary; and 
it is indispensable that it should be written in the Register in presence 
of the voter. No person shaH vote for himself in this or any other 
instance of the election, under the penalty of losing the right to vote. 

55. In those districts in which there is to be chosen only one deputy, 
there shall be appointed ,11 electors, and in that which can choose two 
or more, there shall be appointed 21 electors. 

56. The doubts or controversies that may arise, whether any person 
or persons present, possess the qualification of votes, shall be decided 
verbally by the assembly, and its decisions shall be executed without 
appeal," for this time and object only; Provided, that such doubt shalL 
not turn upon the construction of this Constitution or other law. If 
the said resolution shall result in a tie, the doubt shall be considered 
removed. 



Texas— 1827 3501 

r»7. Should complaints arise that bribery, corruption, or force had 
been used to determine the election in favor of particular persons, a 
public and verbal ^investigation shall be made thereof', and should it 
appear thai the accusation is true, those who have committed the 
crime shall be deprived of all voice in the election, and the calum- 
niator shall sutler the same penalty; and from this judgment there 
shall be no appeal. Doubts which arise as to the quality of proof, 
shall be decided by the assembly, in the manner prescribed in the 
preceding article. 

58. Municipal assemblies shall be held with open doors and without 
any guard whatever; and no individual, whatever his class may be, 
shall present himself in them armed. 

59. On completion of the two days for which the election is to be 
kept open, the President, Tellers, and Secretary of each assembly 
shall proceed to sum up the votes which each citizen has received, in 
the Register, which shall be signed by the said officers; and by this 
operation the assembly shall be dissolved, and any other act which may 
be done, shall not only be considered null, but as an attempt against 
the public security. The said Register shall be delivered sealed to the 
Secretary of the respective Ayuntamiento. 

60. On the second Sunday of the said month of August, each Ayun- 
tamiento shall convene in their respective halls in public session. In 
their presence, and also with the assistance of the President, Tellers, 
and Secretary of the municipal assemblies, the Registers shall be 
opened, and after examining the whole of them, a general list shall 
be formed in alphabetical order, in which shall be comprehended all 
the individuals voted for, and the number of votes they have received. 

61. This list and the certificate which shall be extended on the sub- 
ject, shall be signed by the President of tin 1 Ayuntamiento, the Sec- 
retary of it, and the Secretaries of the assemblies; after which, two 
copies of the said list shall be drawn off, certified by the same persons, 
one of which shall be immediately posted up in the next public place, 
and the other shall be delivered with accompanying official letter, 
signed by the President of the Ayuntamiento, to two individuals 
appointed by that body to proceed to the capital of the district, there 
to form a general classification of votes in union with the commis- 
sioners of the other Ayuntamientos. 

62. On the fourth Sunday in August, the commissioners of the 
Ayuntamientos shall present themselves with their credentials of elec- 
tion to the political chief, or in his absence to the first alcalde, of the 
capital of the district, and presided by* the first or by the second, as 
the case be thus, shall assemble in public session in the town hall, 
and after examining all the lists, they shall form a general list of all 
the individuals voted for as electors of the district by the citizens of 
each municipal district respectively, expressing the number of votes 
they have had and the place of their residence. 

63. In order to make this general regulation of votes, the concur- 
rence of not less than four of the commissioners is requisite. In those 
districts in which there is not that number, the Ayuntamiento of the 
capital shall name, from amongst the individuals of its own body, 
the number deficient. 

64. The citizens, who upon the result of this general scrutiny, have 
the greatest number of votes on the list, shall be considered constitu- 



3502 Texas— 1827 

tionally appointed for electors. In case of a tie amongst two or more 
individuals, it shall he decided by lot. 

65. The aforesaid list, and all acts relative to the business, shall 
be attested by the President, the Commissioners, and the Secretary of 
the Ayuntamientos of the capital of the district. There shall be 
extracted copies of one, and the other certified by the same; and they 
shall be remitted by the President to the permanent deputation of 
Congress, the Governor of the State, and the different municipalities 
of the district. 

66. The same President shall pass without any delay, the cor- 
responding certificate to the electors appointed, that they may go to 
the capital of the department on the day named by the Constitution, 
in order to celebrate the electoral assembly of the same. 

Paragraph 2d. — Of the Electoral Assemblies of the District 

67. The electoral assemblies of the district shall be composed of 
the electors named by the citizens in the municipal assemblies, who 
shall assemble in the capital of the respective district with a view to 
name the deputy or deputies, required to assist at the Congress as 
representatives of the State. 

68. These assemblies shall be held 15 days after the general regu- 
lation of votes, spoken of in article 62; the electors meeting in the 
municipal hall, or in the building which is supposed to be more fit- 
ting for so solemn an act, with open doors, and without guards, and 
in the said assemblies, no person, of whatever class he may be, shall 
be present with arms. 

69. They shall be presided by the Political Chief, or in his default, 
by the first Alcalde of the capital of the district, and shall commence 
their sessions by appointing, by plurality of votes, one Secretary and 
two Tellers, from amongst their own body, and in continuation, the 
President shall read the credentials of the electors, which are to be 
the certificates in which is set forth their appointment. 

TO. In continuation, the President shall inquire if any number is 
legally disqualified, and if it is proved that there is, the elector shall 
use his right to vote. Afterwards, the President shall also inquire 
if there has been bribery, corruption, or force whereby the election 
has been determined in favor of any particular person, and if it is 
proved that there has been, the delinquents shall be deprived of any 
voice in the election, and the calumniators shall suffer an equal pun- 
ishment. The doubts which shall occur in one or the other case, the 
assembly shall resolve in the manner which is spoken of in Article 56. 

71. Immediately after — the electors present shall proceed to name 
the deputy or deputies that correspond to the district, and they shall 
be chosen one by one by secret ballot, by means of tickets which each 
elector shall throw into an urn to be placed upon a table at the foot 
of the crucifix, after having taken an oath before the President to 
vote for those citizens for deputies to the Congress of the State, who, 
in his opinion, possess the qualifications of information, judgment, 
probity, and a known adherence to the independence of the nation. 

72. The voting being concluded, the President, Tellers, and Sec- 
retary shall regulate the votes, and declare constitutionally elected for 
deputy, the citizen who has obtained more than half the votes — the 
President publishing each election. If no one has had an absolute 



Texas— 1827 3503 

plurality of votes, they shall proceed to a second ballot, for the two 
who may have obtained the greatest number of votes. If there are 
more than two who have an equal number of votes, the second ballot 
shall be made amongst the whole of them, doing the same when no one 
has obtained this majority, but all of those having an equal "number 
of votes. In all these cases he shall be elected who has a plurality of 
votes, and in case of a tie, the voting shall be repeated once only, and 
if it again result in a tie, it shall be decided by lot. 

73. If only one individual has a respective majority, (the highest 
number of votes) and two or more an equal number of votes, but 
greater than all the others, in order to decide which of them shall 
enter into the second ballot with the first, there shall be a second 
voting relative to these, and he that obtains the most votes shall enter 
ino competition with him that had the respective majority; in case of 
a tie, the voting shall be repeated, and if it happens a second time, it 
shall be decided by lot. In the second ballot, which is had between 
him who had obtained the respective majority over the whole, and his 
competitor, that which is established in the last part of the anterior 
article, shall be observed. 

74. When one alone has the respective majority, and all the others 
have an equal number of votes, in order to know which shall enter 
into competition in the second ballot with him, will be carried into 
effect by the provisions of the foregoing articles — for this end, in 
respect of those who have been tied, and in older to know at the same 
time which of these competitors ought to be the deputy, the method 
established in the last part of the same article shall be observed. 

75. The election of deputies proprietaries concluded — There shall 
follow that of the supernumeraries in the same method and form, 
which being finished, there shall be immediately posted up in the 
most public place, a list, which shall contain the names of all the 
deputies elected, attested by the Secretary of the respective assembly. 
The Act of the election shall be attested by the President and all 
the electors. And the President, the Secretary, and the Tellers, shall 
remit authenticated copies of the same to the permanent deputation 
of Congress, the Governor of the State, and all the Ayuntamientos 
of the district. These assemblies shall immediately dissolve when 
they have executed the acts which this Constitution prescribes, and 
every other act with which they intermeddle shall be null, and shall 
be considered an attempt against the public security. 

76. The President, without delay, shall deliver to the deputies and 
supernumeraries, an official letter accompanied with a certificate of 
their election, which shall serve as their credentials. 

77. No citizen can be excused upon any motive or pretext, from the 
discharge of the duties which are spoken of in the present section. 

Section 3d. — Of the Celebration of Congress 

78. The Congress shall assemble each year, to hold its sessions in 
the place which shall be designated by a law and in the building which 
is destined for this object. Whenever it may be deemed convenient 
to change it to another place, it can be done with the accordance of 
two-thirds of the whole number of the deputies. 

79. The deputies shall present their credentials to the permanent 
deputation of Congress, in order that the}' may examine them, by 



3504 Texas— 1827 

comparing thorn with the testimonies of the elections of the electoral 
assemblies of the district. 

80. On the 28th day of the month of December, of the year anterior 
to the renovation of Congress, the newly elected deputies and the 
members of (he permanent deputation shall meet in public session, and 
shall choose their President and Secretary from the said deputation. 
This meeting shall report as to the legitimacy of the credentials and 
qualifications of the deputies, and any doubts which may arise on 
these points shall be definitely determined by a plurality of votes by 
this assembly; but the individuals of the permanent deputation, who 
have not been re-elected shall not have a vote. 

81. In continuation, the deputies shall take before the President an 
oath, that they will observe, and caused to be observed, the Constitu- 
tional Act, and the Federal Constitution of the United States" of 
Mexico, and the Constitution of this State, and that they will com- 
pletely discharge their duties. 

82. In continuation, the deputies shall proceed to choose from 
amongst themselves by secret ballot, and by an absolutely plurality 
of votes, a President and Vice President and two Secretaries, upon 
which the permanent deputation shall cease in all its functions, and 
those of its members not re-elected having retired, the President of 
Congress shall declare that it is solemnly and legitimately constituted. 

83. For the celebration of the ordinary and extraordinary sessions 
of Congress, the deputies shall meet four days previous to its organi- 
zation, in the manner prescribed in the first part of Article 80, in 
order to resolve in the manner expressed in the second part of the 
same Article upon the legitimacy of the credentials and qualifications 
Of the new deputies who present themselves, and having approved of 
them, the deputies shall immediately take the oath prescribed by 
Article 81, and the continuation shall proceed to make nomination 
of the President, Vice President, and Secretaries, in the same manner 
which is provided in Article 82. 

84. The Congress shall open its ordinary sessions the first day of 
January in every year, and the first day of September in each year 
following the renovation of the same Congress. The Governor of 
the State being obliged to assist upon so important an occasion, when 
he shall pronounce a suitable discourse, which the President of Con- 
gress shall answer in general terms. 

85. On the day after the opening of the ordinary session, the Gov- 
ernor shall present in person to Congress, a written account of the 
state of the public Administration, proposing such amendments or 
reforms, as may be required in its different branches. 

86. The sessions of Congress shall be held daily, without other in- 
terruption than those of solemn festivals. All the proceedings shall 
be public, with the exception of those which treat of reserved business, 
which may be secret, • 

87. The ordinary sessions of Congress, which commence the first 
day of January, shall last that month and the three following, Febru- 
ary, March, and April; and cannot be prorogued to any other month, 
except in the two following instances: First, by petition of the Gov- 
ernor; and secondly, if the same Congress deem it necessary — for this, 
there must be the concurrence, in both cases, of the vote of two-thirds 
of the deputies. The ordinary sessions, which commence on the first 
of September, shall last 30 days of the said month without any power 



Texas— 1827 3505 

to prorogue on any motive or pretext whatever. Both sessions shall 
be closed with the same formalities which are prescribed for their 
opening. 

88. Before the conclusion of the ordinary session of Congress, there 
shall be appointed of that body a permanent deputation, composed of 
three individuals proprietary, and one supernumerary, which shall 
continue all the intervening time between one ordinary session and the 
other; and its President shall be its hrst appointed individual, and its 
Secretary the last individual proprietary. 

89. When in the intervening time between one ordinary session and 
another, circumstances or business shall occur requiring the meeting 
of Congress, it can be convoked for extraordinary sessions, provided 
it is sanctioned by the unanimous vote of two-thirds of the members 
of the permanent deputation, and of the council of government, which 
shall meet for that purpose. 

90. If the circumstances or business which cause the extraordinary 
convocation of Congress, should be very weighty and urgent, the per- 
manent deputation, united with the council of government and the 
other deputies which are in the capital, shall immediately take such 
necessary measures as the exigency shall require, and shall give an 
account thereof to Congress as soon as it may meet. 

91. When Congress meet in extraordinary sessions, there shall be 
called to the same, the deputies who ought to assist at the ordinary 
sessions of that year, and they shall be exclusively occupied upon the 
business or businesses for which they have been convoked, but if they 
have not concluded against the day on which they ought to meet in 
ordinary sessions, they shall postpone those and continue the business 
for which the extraordinary session had been convoked. 

92. The holding of the extraordinary sessions shall not impede the 
election of the new deputies at the time prescribed in this constitution. 

93. The extraordinary sessions shall be opened and closed with the 
same solemnities as the ordinary sessions. 

94. The resolutions which Congress may take upon the change of 
its residence, or the prorogation of its sessions, shall be executed by 
the Governor without any observations upon them. 

95. The Congress, in all that belongs to its government and interior 
order, shall observe the regulations formed by the present, having 
power to make the reforms it may deem necessary. 

96. The deputies shall be renewed totally every two years. Those 
of the anterior Congress can be re-chosen, but they cannot be com- 
pelled to accept this trust unless there should be a vacancy of one-half 
of the deputation. There shall be excepted in this Article, the depu- 
ties of the present Congress, who cannot be re-elected for the next 
Constitutional Congress. 

Section 4th. — Of the Attributes of Congress, <in<l of the Permam nf 

Deputation 

97. The exclusive attributes of Congress are first to decree, inter- 
pret, reform, or abolish, the laws relative to the Administration, and 
interior government of the State in all its branches. Secondly, to 
regulate the votes which the citizens may have obtained in the elec- 
toral assemblies for Governor. Vice-Governor, and for members of 
the council of government, and to appoint those officers whenever it 



3506 Texas— 1827 

shall devolve upon them to do so. Thirdly, to decide by secret bal- 
lot, the ties which may happen between two or more individuals, in 
the election of the fore-mentioned officers. Fourthly, to resolve the 
doubts which may arise upon these elections and upon the qualifica- 
tions of the elected. Fifthly, to examine the excuses which the 
elected may allege for not accepting these stations and to determine 
them. Sixthly, to form themselves into a Grand Jury, and to declare 
whether there are or are not grounds of accusation for neglect of 
official duty, as well as for ordinary crimes against the deputies of 
Congress. The Governor, the Vice-Governor, the members of the 
Council, the Secretary of State, and the individuals of the Supreme 
Court of Justice of the State. Seventhly, to render effective tlie 
responsibility of these public functionaries, and to do in this case that 
which is so necessary with respect to all others employed. Eighthly, 
to fix every year the public expenses of the State, having in view 
the reports on the subject which shall be presented by the Governor/ 
Ninthly, to establish or confirm the taxes or contributions necessary 
to cover these expenses, under the regulations of this Constitution, 
and the general one of the Federation — to regulate their collec- 
tion, determine their application, and approve of their distribution. 
Tenthly, to examine and approve the accounts of the application of 
all the public funds of the State. Eleventh, to contract debts in 
case of necessity upon the credit of the State, and to designate the 
guarantees for their liquidation. Twelfth, to decree whatever may 
be necessary for the administration, conservataion, or altercation of 
the goods of the State: Thirteenth, to create, suspend, or suppress 
the public officers of the State ; and to fix, diminish, or augment their 
salaries or pensions. Fourteenth, to grant premiums or recompenses 
to corporations or persons, who have rendered distinguished services 
to the State, and to decree posthumous public honors to the memory 
of great men. Fifteenth, to regulate the manner of recruiting the 
men which may be necessary for the service, or to fill up the per- 
manent presidial militia companies of cavalry, and the active militia 
of the same army, auxiliary to that which are destined by the institu- 
tion to the defence of the State, approve of the distribution which may 
be made among the towns of the State of their respective quotas, to 
effect this object. Sixteenth, to decree that which may be necessary 
for the enrolling and instruction of the civic militia of the State, 
and the appointment of its officers conformable to the discipline 
prescribed, or which shall be prescribed by general laws. Seven- 
teenth, to promote and encourage, by laws, public information, and 
education, and the progress of the sciences, arts, and useful establish- 
ments, removing the obstacles which may palsy objects so com- 
mendable. Eighteenth, to protect the political liberty of the press. 
Ninteenth, to attend to, and give or* deny their consent to all those 
acts and cases for which this Constitution has provided. 

98. The attributes of the permanent deputation, are First, to watch 
over the observance of the Constitutional Act, the Constitution, and 
general laws of the Union, and the particular ones of the State, in 
order to give an account to Congress of infractions thereof, which 
they may observe. Second, to convoke the Congress for extraordi"- 
nary sessions in those cases, and in the manner prescribed by this Con- 
stitution. Third, to discharge the functions which are prescribed 
in Articles 79 and 80. Fourth, to give notice to the supernumeraries 



Texas— 1827 3507 

of the time when they shall come to the Congress in the place of the 
deputies proprietaries, and of the death or absolute inability of one 
or more of them should occur, to communicate the corresponding 
orders to the respective district, in order that it may proceed to a new 
election. Fifth, to receive the testimonies of the acts of the elections 
of the electorial assemblies of the district, for Governor. Vice- 
Governor, and members of the Council of Government, and to deliver 
them to Congress as soon as it may be installed. 

Section 5th. — Of the formation and promulgation of the Laws. 

99. The interior regulations of Congress shall prescribe the form, 
intervals, and method of procedure in the debates and votings for the 
projects of laws and decrees. 

100. Every project of a law or decree, which has been rejected con- 
formable to the regulations, shall not be again proposed until the 
ordinary session of the following year; but this shall not impede the 
passage of one or more articles of it. which may compose part of 
other projects not rejeoted. 

101. The half and one more (la mitad y uno mas) of the total num- 
ber of the deputies, forms a Congress to dedicate measures and pro- 
cedures which do not obtain the character of a law or decree, but to 
discuss and decide on projects of laws or decrees, and dictate of much 
importance, the presence of two-thirds of all the deputies is necessary. 

102. If a project of a law or decree, after it is discussed, is 
approved, it shall be communicated to the Governor, who, if he, 
approves of it, shall immediately proceed to promulgate and circulate 
it with the corresponding solemnities. But if not, after hearing the 
council, he shall have power to make such observations as he thinks 
proper, and shall return it with his remarks to the Congress within 
ten lawful days, counting from his receipt of it. 

103. The project of a law or decree, returned by the Governor 
according to the antecedent Article, shall be discussed a second time; 
the Speaker, whom the Governor shall designate, having power to 
assist at the discussion and to speak upon the subject. If on this 
second debate, it is approved by two-thirds of the deputies present, 
it shall be again communicated to the Governor, who shall, without 
excuse, immediately proceed to its solemn promulgation, but if not 
approved in this form, it cannot again be proposed until the sessions 
of the year following. 

104. If the Governor shall not return the project of a law or decree 
within the time 1 prescribed in Article 10-_i. it shall be deemed by this 
act as sanctioned, and as such shall be promulgated, unless previous 
to that time the Congress may have closed or suspended its session, 
in which case the return ought to be made the first day on which Con- 
gress may meet. 

105. Laws are annulled with the same formalities and by the same 
procedure with which they are established. 

m 

Appendix to this title. — Of the election of Deputies for the General 
Congress of the Federation 

100. The electoral district assemblies on the same day and in the 
same form, in which the election of deputies to the Congress of the 



3508 Texas— 1827 

State ought to be had, shall proceed to that of the individuals who 
are to choose deputies for the general Congress of the general Con- 
gress of the Union, appointing one individual for every 7000 souls, 
who shall possess the qualifications required in Article 53 of this Con- 
stitution. In the district in which there results an excess of popula- 
tion which passes 3500 souls, there shall be appointed for this frac- 
tion another elector; and in those which have not a population of 
7000 souls there shall be one named. The said assemblies having con- 
cluded the election, shall remit a certified copy of the Act to the 
Vice-Governor of the State, and shall also pass a corresponding cer- 
tificate to each one of the elected, which shall serve as his credential. 

107. The electors thus appointed shall proceed to the capital of the 
State, where they shall present themselves to the Vice-Governor, or 
to him that acts in his place; and having met under the presidency of 
the one or the other, three days previous to the first Sunday of the 
month of October in public session, in the edifice deemed the most' 
appropriate; they shall appoint amongst themselves two Tellers and 
one Secretary, who shall examine the credentials, and on the follow- 
ing day shall report whether they are legal «r not. The credentials 
of the Tellers and Secretary shall be examined by a commission of 
three individuals to be appointed in the same manner. 

108. On the following day they shall meet again to read the returns, 
and if defects appear in the qualifications of the electors or in their 
credentials, the meeting in permanent session shall decide upon them, 
and their sentence shall be executed without appeal for this time and 
in this instance only, it being understood that the doubt cannot arise 
upon the provisions of this Constitution or the Law. 

109. On the first Sunday of the said month of October, the electors 
having met, and more than one-half of the whole being present, they 
shall proceed to the appointment of the deputies, who shall go from 
the State to the general Congress of the Federation, in the form laid 
down by this Constitution, for the appointment of those to the State 
Congress. This being done, the assembly will do what is necessary 
to comply with the provisions of the 17th Article of the Federal Con- 
stitution, and shall dissolve. 

Title 2d. — Of the Executive power of the State 

Section 1st. — Of the Governor 

110. The Governor of the State ought to possess, at the time of 
his appointment, the following qualifications: First, to be a citizen 
in the exercise of his rights. Second, to be born in the Territory of 
the Republic. Third, to be of the age of thirty years, complete. 
Fourth, an inhabitant of this State, with residence in it for five years, 
and two of them inimeTHately before his election. 

111. The ecclesiastics, the military, and others employed by the 
Federation and in the actual service of the same cannot obtain the 
office of Governor.' 

112. The Governor of the State shall continue four years in the 
discharge of his office, and cannot be rechosen for the same office, until 
the fourth vear after he has ceased from its functions. 



Texas— 1827 3509 

113. The prerogatives of the Governor, the attributes, and restric- 
tions of his faculties are the following : — 

PREROGATIVES OF THE GOVERNOR 

First, the Governor can make observations uon the laws and decrees 
of Congress, in the manner and form prescribed in Article 102, sus- 
pending their publication until the resolution of the same Congress, 
unless in the cases excepted in this Constitution. Second, he has 
power to propose laws or reforms to Congress, which he believes may 
conduce to the general good of the State. Third, he can pardon 
delinquents under the regulation of the laws. Fourth, the Governor 
cannot be accused by any one for offences committed at the time of 
his administration nor during it, nor until one year afterwards, count- 
ing from the day on which he has ceased his functions, unless before 
the Congress, and that time being elapsed, not even before the 
Congress. 

ATTRIBUTES OF THE GOVERNOR 

First, to take care for the preservation of order and public tran- 
quillity in the interior of the State and the security of the exterior, 
disposing for both these objects, of the militia of the State, whereof 
the said Governor is commander-in-chief. Second, to cause the 
observance of the Constitutional Act, the general Constitution, and 
that of the State, and of the laws, decrees, and orders of the Federa- 
tion, and of the Congress of the State ; issuing their decrees and neces- 
sary orders for their execution. Third, to form upon consultation 
with the council, those instructions and regulations which he believes 
necessary for the better government of the branches of the public 
administration of the State, which he shall pass to the Congress for 
its approbation. Fourth, to fill under the regulation of the Constitu- 
tion and the Laws all the offices of the State which are not elec- 
toral, and which are not otherwise provided for by those laws. Fifth, 
to appoint and freely dismiss the Secretary of State. Sixth, to take 
care that justice is administered promptly and completely by the 
tribunals and courts of the State, and that their sentences are exe- 
cuted. Seventh, to take care of the administration and collection 
of all the rents of the State, and to decree their application in con- 
formity with the laws. Eighth, to suspend from their offices for 
three months, and even to deprive them of one-half of their salaries 
for the same time, after hearing the opinion of the council of the 
State, all those in the employment of the State, under the Executive 
department thereof and of its nomination and appointment when 
they infringe its orders and decrees, passing the proceedings upon 
the matter to the respective tribunal, in case he believes that there 
is sufficient cause for accusation. Ninth, to propose to the per- 
manent deputation the convocation of Congress to extraordinary 
sessions, whenever he deems it necessary, first having the opinion of 
the council. 

RESTRICTION OF THE FACULTIES OF THE GOVERNOR 

The Governor cannot — First, command in person the civic militia 
of the State, without the express consent of Congress, or in its recess 
of the permanent deputation. When he commands, under said cir- 
cumstances, the Vice-Governor shall take charge of the Government. 
7254— vol 6—09 21 



3510 Texas— 1827 

Second, he cannot intermeddle in the examination of pending causes, 
nor dispose in any manner, before judgment, of the persons of crimi- 
nals. Third, he cannot deprive any person of his liberty, nor impose 
any punishment. But when the good and security of the State re- 
quires the arrest of any person, he has power to do so, placing the 
persons arrested at the disposition of the tribunal or competent judge 
within the term of forty-eight hours. Fourth, he cannot occupy the 
property of any particular person or corporation, nor embarrass him 
in the possession, use, or profit of it, unless it may be necessary for a 
known object of general utility, according to the judgment of the 
council of government; in which case he shall have power, with the 
consent of the said council, and the approbation of Congress, or in 
its recess of the permanent deputation, always indemnifying the 
interested party according to the judgment of good men, chosen by 
said party, and by the Government. Fifth, he cannot impede or 
embarrass in any manner or under any pretext, the popular elections 
determined by this Constitution and the Laws, nor prevent those laws 
from taking full effect. Sixth, he cannot go from the capital to any 
other part of the State for more than one month. If a longer absence 
is necessary, or if he is obliged to go from the Territory of the State, 
he shall ask leave of Congress, and its recess, of the permanent depu- 
tation. 

114. In order to publish the laws and decrees of the Congress of 
the State, the Governor shall use the following form : " The Governor 
of State of Coahuila and Texas, to all its inhabitants. Know, that 
the Congress of the same State has decreed the following: (here the 
text of the law or decree.) Therefore, I command that it be printed, 
published, and circulated, in order that it be complied with. 

Section 2d. — Of the V ice-Governor 

115. There shall likewise be in the State a Vice-Governor. His 
qualifications shall be the same as those required for Governor. His 
term shall be four years, and he cannot be re-elected for the same 
office, unless at the fourth year after he has ceased from" its functions. 

116. The Vice-Governor shall be President of the Council, but 
without a vote, unless in case of a tie. He shall also be a chief of the 
police of the department of the capital, and when exercising the func- 
tions of Governor, the office of chief of police shall be discharged by 
deputy, who shall be appointed ad interim by the Vice-Governor, with 
the approbation of the council. 

117. The Vice-Governor shall discharge the functions of Governor 
in his absence, or when he shall be impeded in the exercise of his office 
by decision of Congress or of the permanent deputation. 

*118. When the Vice-Governor is also absent, the councellor ap- 
pointed by Congress shall fill the office of Governor. If the Congress 
should be in recess the permanent deputation shall do it without 
delay, provisionally, until the meeting of Congress. 

119. In case of the death or absolute inability of the Governor or 
Vice-Governor, in the two first years of the exercise of their offices, a 
new Governor or Vice-Governor shall be elected at the next election 
for deputies to Congress. 

120. The Vice-Governor during the exercise of his office can be 
accused before Congress alone, for offences committed during the 
time of his administration, of whatever description they may be. 



Texas— 1827 3511 

Section 3d.— Of the Council of Government 

121. For the better discharge of the functions of his office, the 
Governor shall have a council, which shall be denominated The 
Council of Government; and shall be composed of three members 
proprietaries and two supernumeraries, amongst the whole of whom 
there can be but one ecclesiastic. 

122. To be a member of the Council of Government, the same quali- 
fications are required as for a deputy. Those who are prohibited 
from being deputies cannot be counsellors. 

123. Every two years the council shall be removed; the first time, 
one of the members proprietaries and supernumeraries going out, 
who have been last appointed, and the second time those other mem- 
bers proprietaries and other supernumerary going out, and so suc- 
cessively. 

124. No councellor can be re-elected, except in the fourth year after 
having ceased from his office. 

125. When the Governor of the State assists at the council he shall 
preside, but without a vote, and in such case the Vice-Governor shall 
not assist. 

126. The Secretary of the Council shall be one of its members in 
the manner and form which may be established by its interior regu- 
lation, which regulation the said council shall form and present to 
the Governor, who shall pass it to Congress for its approbation. 

127. The attributes of the Council are — First, to give a fixed 
opinion and in writing to the Governor in all those matters in which 
the law imposes upon him the obligation to ask it, and in all those 
others in which the same Governor may think proper to consult it. 
Second, to watch over the observance of the Constitutional Act, the 
Federal Constitution, and the general laws of the Union, the Con- 
stitution and