IXSTITUTIOXS, GOVERNMENT AND LAWS OF SOUTH CAROLINA. 481 



in which the punishment does not exceed a fine of one hundred dollars 

 or imprisonment for thirty days, shall be tried summarily before a Jus- 

 tice of the Peace, on information under oath, without the intervention of 

 a grand jury, but the defendant shall have the right of appeal to a higher 

 Court. No person shall be held to ansAver for any higher crime or of- 

 fence unless on presentment of a grand jury, except in cases arising in 

 the land and naval service of the United States, or in the militia in ac- 

 tual service in time of war or public danger. Imprisonment for debt is 

 abolished, except in cases of fraud ;' and a certain amount of property 

 shall be set aside as a family homestead [as more particularly stated 

 hereafter], which shall be exempt from seizure or sale for any debts or 

 liabilities, except for debts due the State. No bill of attainder, ex post facto 

 law, nor any law impairing the obligation of contracts, shall ever be 

 passed, and no conviction shall work corruption of blood or forfeiture of 

 estate. All persons have the right to be exempt from unreasonable 

 searches or seizures of their persons, houses, papers or possessions. Such 

 searches or seizures can only be made by special warrants formally issued 

 by proper officers and supported by affidavits, and containing a particu- 

 lar designation of the persons or objects of search, arrest or seizure. Pri- 

 vate property cannot be taken for public use, or for the use of corpora- 

 tions, or for private use, without the consent of the owner, or a just com- 

 pensation being made. 



The Legislature alone has the power to declare martial law. The leg- 

 islative, executive and judicial departments of the government shall be 

 forever separate and distinct, and it is declared that the Legislature ought 

 frequently to assemble for the redress of grievances and the making of 

 new laws. The right of the people to keep and bear arms for the com- 

 mon defence is recognized and established. Standing armies are prohib- 

 ited, and the military power is declared to be always in subordination to 

 the civil. In time of peace no soldier shall be quartered in any house 

 without the consent of the owner, and in time of war only in such man- 

 ner as shall be prescribed by law. 



No person who conscientiously scruples to bear arms shall be compelled 

 to do so, but shall be allowed to pay an equivalent for personal service. 

 All elections shall be free and open, and all electors shall have the same 

 rights to elect officers and be elected. There shall be no property quali- 

 fication for holding office, and no office can be held for a longer time 

 than during good behavior. Fighting a duel, or sending, bearing or ac- 

 cepting a challenge for that purpose, is prohibited, and shall disqualify 

 a person for holding office. Representation shall be apportioned accord- 

 ing to population, and the right of suffrage shall be secured to all citi- 

 zens, and, once obtained, shall not be forfeited by temporary absence from 



