SOUTH CAROLINA. The name of one of the original states of the United States
of America. For an account of its colonial history, see article North
Carolina.
2. The constitution of this state was adopted the third day of June,
1790, to which two amendments have been made, one, ratified December 17,
1808, and the other, December 19, 1816. The powers of the government are
distributed into three branches, the legislative, the executive, and the
judicial.
3.-1st. The legislative authority is vested in a general assembly,
which consists of a senate and house of representatives.
4.-1. The senate will be considered with reference to the
qualifications of the electors; the qualifications of the members; the
number of members; the duration of their office, and the time of their
election. 1. 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 seised 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
mouths before the said 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. 2. No 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 seised 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 he be
legally seised and possessed in his own right, of a settled freehold estate
in the said district, of the value of one thousand pounds sterling, clear of
debt. 3. The senate is composed of one member from each district as now
established for the election of the house of representatives, except the
district formed by the districts of the parishes of St. Philip and St.
Michael, to which shall be allowed two senators as heretofore. Amend. of
Dec. 17, 1808. 4. They are elected for four years. Ibid. 5. The election
takes place on the second Monday in October. Art. 1, s. 10.
5.-2. The house of representatives will be considered in the same order
which has been observed in considering the senate. 1. The qualification of
electors are the same as those of electors of senators. 2. No person shall
be eligible to a seat in the house of representatives, 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 seised and possessed in his own right,
of a settled freehold 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 seised and possessed
of a settled freehold estate therein, of the value of five hundred pounds
sterling, clear of debt. 3. The house consists of one hundred and twenty-
four members. Amend. of Dee. 17, 1808. 4. The members are elected for two
years. Art. l, s. 2. 5. The election is at the same time that the election
of senators is held.
6.-2. The executive authority is vested in a governor, and in certain
cases, a lieutenant-governor.
7.-1. Of the governor. It will be proper to consider his
qualifications; by whom he is to be elected; when to be elected; duration of
office; and his powers and duties. 1. No person shall be eligible to the
office of governor, unless he bath attained the age of thirty years, and
hath resided within this state, and been a citizen thereof, ten years, and
unless he be seised and possessed of a settled estate within the same, in
his own right, of the value of fifteen hundred pounds sterling, clear of
debt. Art. 2, s. 2. 2. He is elected by the senate and house of
representatives jointly, in the house of representatives. Art. 2, sect. 1.
3. He is to be elected whenever a majority of both houses shall be present.
lb. 4. He is elected for two years, and until a new election shall be made.
Ibid. 5. The governor is commander-in-chief of the army and navy of the
state, and of the militia, except when they shall be called into the actual
Service of the United States. He may grant reprieves and pardons, after
conviction, except in cases of impeachment, and remit fines and forfeitures,
unless otherwise directed by law shall cause the laws to be faithfully
executed in mercy -- may prohibit the exportation of provisions, for any
time not exceeding thirty days may require information from the executive
departments -- shall recommend such measures as he may deem necessary, and
give the assembly information as to the condition of the state may on
extraordinary occasions convene the assembly, and in case of disagreement
between the two houses with respect to the time of adjournment, adjourn them
to such time as he shall think proper, not beyond the fourth Monday in the
mouth of November then next ensuing.
8.-2. A lieutenant-governor is to 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. Art. 2, sect. 3. In case of the
impeachment of the governor, or his removal from office, death, resignation,
or absence 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, 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. Art. 2, s. 5.
9.-3. 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 behaviour; and judges of the superior courts 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 perquisites of office, nor, hold any other office of profit or
trust, under this state, the United States, or any other power. Art. 3,
sect. 1. The judges are required to meet at such times, and places, as shall
be prescribed by the act of the legislature, 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.
Amend. of Dec. 19, 1816.