694 



SOUTH CAROLINA. 



lowest, have generally exercised their influence and 

 used the emoluments of their offices in a manner 

 highly prejudicial to the claims of loyal citizens, and 

 in opposition to the laws of Congress, looking to a 

 speedy reconstruction, the only competent authority 

 we recognize, and are now marshalling their forces to 

 defeat any constitution, however faultless it may be, 

 that this convention may frame as the fundamental 

 law of the State : therefore, be it 



Resolved, That we, the representatives of the loyal 

 people, having accepted in good faith the terms of- 

 fered by Congress for the restoration of the State to 

 her proper relations in the Union, demand for our- 

 selves and our constituents, under the law and ^ the 

 constitution, present and prospective, every right 

 which these embittered and incorrigible enemies to 

 the Government claim as exclusively their own. 



Resolved. That the continued efforts of the present 

 disloyal officers of the provisional government of the 

 State, to continue themselves in power as such,^ while 

 looking to a speedy reinstatement to place in the 

 Federal positions so lately and contemptuously desert- 

 ed by many of them, and their systematic efforts to 

 escape the just penalties of violated faith, while their 

 active hostility to the essential principles of repub- 

 licanism remain, are substantial and positive proofs 

 that the safety of the Government and the welfare 

 of the people demand their removal. 



The following were referred to the Commit- 

 tee on Miscellaneous Provisions : 



Whereas, the prosperity of States, like that of 

 families, depends upon the harmony existing among 

 its members, and the precepts of truth and religion 

 teach us to do unto others as we would they should 

 do unto us ; 



And whereas, our newly-enfranchised citizens have 

 displayed their good sense and ^ strong love of coun- 

 try, by a cordial and unassuming cooperation with 

 the rest of their fellow-citizens, in promoting the true 

 interests of our beloved State and glorious Kepublic, 

 be it 



Resolved, That this convention take such action as 

 it may in its wisdom deem compatible with its powers, 

 and conducive to the public weal, to expunge forever 

 from the vocabulary of South Carolina the epithets 

 " negro," " nigger," and " Yankee," as used in an 

 opprobrious sense. That the exigencies and im- 

 proved civilization of the times demand that this 

 convention, or the legislative body created by it, 

 enact such laws as will make it a penal offence to use 

 the above epithets, in the manner described, against 

 any American citizens of this State, and to punish 

 the insult by fine or imprisonment. 



The first article of the constitution embraces 

 only the Declaration of Rights, which consists 

 of forty-one sections. Besides the provisions 

 ordinarily contained in documents of the kind, 

 the following may be selected as somewhat 

 peculiar : 



SECTION 2. Slavery shall never exist in this State ; 

 neither shall involuntary servitude, except as a pun- 

 ishment for crime, whereof the party shall have been 

 duly convicted. 



SEO. 5. This State shall ever remain a member 

 of the American Union, and all attempts, from what- 

 ever source, or upon whatever pretext, to dissolve 

 the said Union shall be resisted with the whole 

 power of the State. 



SEO. 12. No person shall be disqualified as a wit- 



any ^offence, or be subjected in law to any other re- 

 straints or disqualifications in regard to any personal 

 rights than such as are laid upon others under like 

 circumstances. 

 SEO. 32. No property qualification shall be neces- 



sary for an election to or the holding of any office, 

 and no office shall be created, the appointment to 

 which shall be for a longer time than good behavior. 

 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 fio-hting 

 a duel, shall be deprived of holding any oiSce of 

 honor or trust in this State, and shall be otherwise 

 punished as the law shall prescribe. 



SEC. 39. No title of nobility or hereditary emolu- 

 ment shall ever be granted in. this State. Distinc- 

 tion on account of race or color, in any case what- 

 ever, shall be prohibited, and all classes of citizens 

 shall enjoy; equally all common, public, legal, and 

 political privileges. 



The House of Representatives is to be com- 

 posed of 124 members, apportioned among the 

 counties according to population, who shall 

 hold office two years. There is to be one 

 Senator for each county elected for a term of 

 four years. The regular State elections are to 

 be held on the third Wednesday in October of 

 every second year, beginning with 1869, and 

 the sessions of the General Assembly are to 

 be held annually on the 4th Monday of No- 

 vember. Ministers of the Gospel are made 

 ineligible to seats in the Legislature, and to 

 the office of Governor or Lieutenant-Governor. 

 All members of the Assembly, and all officers, 

 before entering upon their duties, and all mem- 

 bers of the bar, before commencing the prac- 

 tice of their profession, are required to 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; and that I 

 recognize the supremacy of the Constitution 

 and laws of the United States over the consti- 

 tution and laws of any State ; and that I will 

 support, pr6tect, and defend the Constitution 

 of the United States, and the constitution of 

 South Carolina, as ratified by the people on 

 . So help me God." 



The Governor and Lieutenant-Governor are 

 to be chosen for a term of two years, and are 

 invested with the functions usual to officers of 

 the same grade in other States. Among the 

 disqualifications for these positions, is a de- 

 nial of the "existence of a Supreme Being." 

 A Comptroller-General, Treasurer, and Secre- 

 tary of State are to be chosen, to hold office 

 for a term of four years. 



The judicial power of the State is vested in 

 a Supreme Court ; in two Circuit Courts, viz., 

 a Court of Common Pleas having civil juris- 

 diction, and a Court of General Sessions with 

 criminal jurisdiction only ; in Probate Courts, 

 and justices of the peace. The General As- 

 sembly may also establish such municipal and 

 other inferior courts as may be deemed neces- 

 sary. The Supreme Court is to consist of a 

 chief justice, and two associate justices, chosen 

 by a joint vote of the General Assembly for a 

 term of six years. The Circuit Judges are to 



