~v~ UC-NRL.F I^SSlWi 3^vi *C 23fl S25 ~£Sws^2* +- University of California. FROM THE i.lliKARY OF DR. FRANCIS LIEBER, Professor of History and Law in Columbia College, New York. TUP. (ilFT OK MICHAEL REESE Of San Francisco. i 8 r : i . ■*h THE RULES HOUSE OF REPRESENTATIVES, GENERAL ASSEMBLY OF SOUTH CAROLINA. VARIOUS ACTS AND RESOLUTIONS, CONTAINING STANDING ORDERS OF THE HOUSE. THE Constitution of the State of South Carolina : AND THE CONSTITUTION OF THE UNITED STATES. PRINTED BY ORDER OF THE HOUSE Of REPRESENTATIVES. COLUMBIA, S. C. A. G. SUMMER, STATE PRINTER. 1847. .A* •OCUMEN& •EPT. *rt*9& THE RULES HOUSE OF REPRESENTATIVES. ADOPTED, DECEMBER, 1838, .ft r THE RULES OF THE HOUSE OF REPRESENTATIVES: ADOPTED, DECEMBER, 1838. RULE I. At the hour to which the House shall have been adjourned, on any day, the Clerk shall call the roll ; and immediately thereafter, the Speaker shall take the Chair, and call the Members to order. If a quorum be present, the Journal of Proceedings of the day preceding, shall be read, and corrected, if necessary. If a quorum, then, or at any other time, be not present, the Members present, if twenty or more, may send for the absent Members ; and all questions as to expenses, or further proceedings against such absent Members, shall be deter- mined when a quorum shall be present. RULE II. When the House is called to order, every Member shall take his seat, and shall, during the sitting, act with the decorum becoming a gentleman. The Members may keep on their hats while actually sitting in their respective seats, but at all other times they shall be uncovered, (except such as shall be consci- entiously restrained from uncovering their heads.) RULE III. The hour to which the House shall stand adjourned, every day, shall be 10 o'clock, A. M. of the succeeding day, (except the Sabbath,) unless otherwise ordered by the House. gPIl 6 THE RULES OF THE RULE IV. The Speaker shall preserve order and decorum ; if any Member, in speaking or otherwise, transgress the Rules of the House, or Parliamentary Law, as practised or recognized by the House, the Speaker shall, or any Member may, call him to order. RULE V. If a Member be called to order, while speaking, he shall immediately take his seat, until the question of order be decided, unless allowed to proceed upon explanation. If the decision be in favor of the Member, he shall proceed ; if otherwise, he shall not proceed without leave of the House, and if the case require it, he shall be liable to such other proceedings as the House may take. RULE VI. If one Member on the floor call another to order, for words spoken, the exceptionable words shall be taken down in writing, by the Member objecting, then read, admitted, denied, or explained, by the Member who spoke, and handed to the Chair, upon which, the question of order shall be decided, and proceedings had, as provided in the 5th Rule. RULE VII. If in any matter, repeated cries of order shall not produce order, the Speaker may call, by his name, any Member obstinately persisting in irregularity ; whereupon, if the Speaker deem it necessary, he shall state the offence com- mitted; the Member may be heard in his exculpation, and shall withdraw, and the House shall consider of the punishment to be inflicted, or further proceed- ings to be had. RULE VIII. In case of any disturbance, or disorderly conduct in the gallery or lobby, the Speaker, or Chairman of the Committee of the Whole, shall have power to order the place to be cleared; or any Member may move for such order; and any person guilty of a contempt of the House, may be ordered into custody by the House, and dealt with as may by it be deemed proper. RULE IX. All questions of order shall be determined by the Speaker, in the first instance, without debate, or with such debate as the Speaker, at his discretion, may permit ; but any Member may appeal to the House, from the decision of the ■*. HOUSE OP REPRESENTATIVES. 7 Speaker, on which appeal no Member shall speak more than once, without leave of the House. RULE X. The Speaker may give information, or explain any matter before the House ; he may speak on points of order, in preference to other Members, and as often as he may deem necessary ; but he shall not enter into other debate, or endeavor to influence any question before the House. RULE XI. Every Member, when about to speak, shall rise from his seat, and respect- fully address himself to " Mr. Speaker ;" and in speaking, shall avoid disrespect to the House, or to the Senate, and all personalities ; and he shall confine himself to the question under consideration. RULE XII. The Speaker, when addressed by a Member who rises in order, shall name the Member, using no title but that of " Mr." The Member who shall rise first in order, shall be first heard, and if several rise about the same time, the Speaker shall decide who was first up. RULE XIII. No Member shall speak more than twice to the same question, without leave of the House, except merely to explain his meaning, even if the debate on the question should be continued for many days. RULE XIV. If any Member shall absent himself without leave, he may be sent for, and made to pay expenses, and kept in custody, at the discretion of the House. RULE XV. Upon a call of the House being ordered, the Clerk shall call the roll of Members, and note the absentees ; the names of the absentees shall then be called over at such intervals, and as often, as the House may direct ; proclamation may be made, and messengers sent to require the attendance of Members ; and if the House should not dispense with further proceedings, the doors may be closed ; absentees, (for whom no sufficient excuse is made,) may be taken into custody as they appear, or they may be sent for and taken into custody wherever to be found, and each detained in custody, and made to pay fees, at the discre- tion of the House. ft 8 THE RULES OF THE RULE XVI. The fees of the regular Messenger, or of any special Messenger, to be appoint- ed by the House, shall be two dollars for any arrest ; for each day's custody and releasement, one dollar; for travelling expenses, going and returning, ten cents a mile. RULE XVII. All Committees shall be appointed by the Speaker, unless otherwise specially directed by the House ; in which case, they shall be appointed by ballot. RULE XVIII. As soon as practicable, after the first meeting of the Legislature, succeeding a general election, twenty-three Standing Committees shall be appointed, to serve until the next general election, or until a special order to the contrary be made by the House, to wit: A Committee on Privileges and Elections, to consist of Members who received the highest number of votes in their several Districts and Parishes; one from every Congressional District in the State, and so many others as will make eleven in the whole. A Committee of Ways and Means, to consist of nine Members. A Committee on Federal Kelations, " " A Committee on the Judiciary, " " A Committee on Internal Improvements, " " A Committee on Claims, " " A Committee on the Military, " " A Committee on Roads, Bridges and Ferries, " A Committee on Public Buildings, " " A Committee on Incorporations, " " A Committee on Education, " " A Committee on Accounts, " * A Committee on Colored Population, " " A Committee on District Offices and Officers, " A Committee on Agriculture, " A Committee on Grievances, " " A Committee on the Lunatic Asylum, " " A Committee on Pensions, " " I -fte. HOUSE OF REPRESENTATIVES. V A Committee on the Public Printing, to consist of seven Members. A Medical Committee, " " A Committee on Vacant Offices, " " A Committee on Engrossed Acts, to consist of five Members. A Committee on the Legislative Library, " " RULE XIX. Any Member appointed to serve on a Committee, may be excused by the House, and he shall be entitled to claim his excuse, if he be at the time of his appointment a member of three other Committees. RULE XX. After a Committee has been appointed, no addition to it, or change shall be made, on motion, except to fill a vacancy, or excuse a Member. RULE XXI. No Member shall be appointed of a Committee, before he shall have been sworn, and have taken his seat. Any Member who shall be sworn after the general announcement of the Committees, shall, within a few days afterwards t be placed by the Speaker on one or more Standing Committees, even although the number of the Committee should thereby be extended beyond the regular number. RULE XXII. A majority of a Committee shall, when assembled, constitute a quorum for business. If the Members fail, to the probable delay or neglect of business, to form a quorum, upon the summon of the Chairman, or if individual Members frequently fail to attend the meetings of the Committee, the Chairman shall report the delinquency to the House, which shall, in its discretion, take order for the censure of the delinquents, or other suitable proceeding. RULE XXIII. No Committee, without special leave, shall sit during the sitting of the House, except that the Committee on Engrossed Acts, and any Committee of Conference, may sit at any time, and may report at any time when a message might be received. All Committees shall have leave to report by bill or otherwise. 2 10 THE RULES OF THE RULE XXIV. If, upon a question taken by acclamation, the Speaker doubts, or a division be called for, the House shall divide, by those in the affirmative first rising from their seats — then those in the negative. If the Speaker still doubts, or a count be required, the Speaker shall name one Member from each side, to tell the numbers in the affirmative, and those in the negative, and from their report shall state the decision. RULE XXV. Upon any question, at the request of any seven Members, who may signify their request by rising, the ayes and noes shall be ordered ; whereupon, at the decision, the Clerk shall call the roll and take the names of all who vote aye, and of all who vote no, which he shall enter on the Journals, and cause to be printed in any Gazette in this State. RULE XXVI. When a question is to be taken by ayes and noes, after the House is ready for the question, and the same has been stated, and the first response has been made to the Clerk's call, the debate shall cease, the door keeper shall close the door, and keep it closed until the decision shall have been announced by the Speaker. After the door has been thus closed, no Member, when called by the Clerk, shall say more than "aye" or "no." Every Member who may be in the House, when called, shall (unless the House shall have before excused him, or shall afterwards excuse him from voting on the question,) give his vote, under the penalty of such proceeding as the House may, after the decision, in its dis- cretion, adopt to punish his contempt. No Member shall, under any circum- stances, be permitted to vote after the decision shall have been announced by the Chair. After the decision of the question, a Member absent, may be per- mitted to record the vote he would have given, if present, but such vote shall not affect the previous decision. RULE XXVII. No Member shall vote on any question of a private nature, in the event of which he is directly interested, RULE XXVIII. The Speaker shall vote in all cases, (except when he may be directly interest- ed, or shall be excused,) his name being called last in the ayes and noes. If with his vote, the House be equally divided, the question shall be decided in the negative. >m fe HOUSE OF REPRESENTATIVES. 11 RULE XXIX. No motion shall be debated, until it shall have been seconded, and stated by the Speaker. When moved and seconded, any motion shall, if desired by the Speaker, or any other Member, be reduced to writing, and delivered in at the table and read, before it shall be debated. RULE XXX. No Member shall, in a speech, or on other occasion, read in his place, any book or paper, (except a report or resolution he is submitting,) if objection be made, without leave of the House, which must be asked without debate. When the reading of any book or paper from the desk is called for, and objection made, the question shall be determined by the House, without debate. RULE XXXI. The mover may withdraw any question or proposition, before amendment or decision. RULE XXXII. One day's notice, at least, shall be given by a Member, of his intention to ask leave to introduce a bill, and upon the motion for leave to introduce, being seconded, after the notice, the mover may be heard as to the nature and merits of his proposition, but no other debate on the question of leave shall be allowed. RULE XXXIII. Every bill, before presentation, shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and in every instance, the name of the Member presenting any paper shall be endorsed, and the paper shall be presented by the Member to the Speaker, at the desk. RULE XXXIV. When any motion or proposition shall be made, before any debate or order on the subject, the Speaker at his pleasure may, or upon the demand of any Member shall, put the question, " Will the House now receive this ?" which question shall be decided without debate ; and if it be decided in the negative, the matter shall be as if not presented, and shall not again be presented that day. If no such question be put, the matter, if in order, shall be received without question. In like manner, upon any petition, or other paper, the question of receiving may be made, but otherwise, it shall be received and disposed of. 12 T11E BULKS OF TH£ RULE XXXV. A question before the House shall be suspended by — 1, a Message ; 2, a Report of the Committee on Engrossed Acts ; 3, a Report of a Committee of Conference ; 4, question of order ; 5, a question of privileges ; 6, a question of taking a recess ; 7, any other incidental question, such as of reading papers, dividing a question, withdrawing a motion, excusing a member from voting, or the like ; of which, the six first named may suspend even a speech, provided that the sixth, if once negatived, be not received during the same speech, without the assent of the Member speaking. RULE XXXVI. When a question is under debate, no motion, (besides those mentioned in the next preceding rule,) shall be received, except — 1, to adjourn ; 2, to proceed to the orders of the day ; 3, to lay on the table ; 4, to postpone indefinitely, or to a day beyond the session ; 5, to adjourn the debate to a day certain within the session ; 6, to commit or re-commit ; 7, to amend ; which several motions shall have precedence in the order in which they are here arranged ; and of these, the first and second may be permitted to interrupt a speech, subject to the provisions contained in subsequent rules.* RULE XXXVII, A motion to strike out the enacting words of a bill, or resolving words of a resolution, shall have precedence of a motion to amend, and if carried, shall be considered as equivalent to rejection. RULE XXXVIII. In filling a blank with any number or date, the largest number, and shortest date proposed, shall be first put. RULE XXXIX. When a motion to refer shall be made, and different Committees be named, the question shall be taken in the following order, viz : the Committee of the Whole ; Standing Committees ; a Select Committee. RULE XL. Subject to the exceptions contained in the five rules next preceding, the question first moved shall be first put. * See Rules 43—42. HOUSE OF REPRESENTAtlVES. 13 RULE XLI. Any Member may, without debate, call for the division of a question, and the House may divide it if it shall appear to comprehend questions so distinct, that one being taken away, the rest may stand entire for decision. A motion to strike out and insert, shall be deemed indivisible ; but a motion to strike out being lost, shall not be deemed equivalent to agreement, nor shall it preclude either amendment or a motion to strike out and insert. RULE XLII. Motions to adjourn ; " to take a recess ; " to lay on the table ; " to take up from the table ; " to take up any matter in the orders of the day not regularly reached j " to proceed to the orders of the day ; to discharge, lay aside for the day, depart from, or suspend the orders ; " to postpone indefinitely, or to a day beyond the session ; " to adjourn a debate ; shall be decided without debate, after such short conversations as the Speaker may permit. No motion to lay on the table ; " "to postpone or adjourn a debate ; " "to proceed to the general orders of the day ; or " "to commit, having been negatived, shall be again allowed at the same stage of the bill or proposition, within one hour of the time when the question was before negatived. RULE XLIII. Motions for adjournment, shall always be in order, except whilst the House is actually engaged in deciding a question by ayes and noes, or in balloting ; but a motion to adjourn having been negatived, no new motion to adjourn shall be in order until fifteen minutes shall have elapsed from the decision of the former motion. RULE XLIV. Indefinite postponement shall dispose of the question for the session. 14 THE RULES OF THE RULE XLV. When a question shall have been once decided, in the affirmative or negative, any Member who voted in the majority, may, on the same day, or the next day of the sitting of the House, move for a re- consideration thereof; provided, that the bill, resolution, message, report, amendment, motion, or other paper, upon which the vote was taken, shall not have gone out of the possession of the House, announcing the former decision. RULE XLVI. The first reading of a bill shall be for information — no amendment shall then be in order. If opposition be then made to the bill, the question shall be, " Shall this bill be rejected?" If no opposition be made, or if the question to reject be lost, the bill shall be ordered for a second reading without a question. RULE XLVII. When a bill shall be taken up for a second reading, and not before, it shall be referred to some Committee, unless the House unanimously agree, without debate, to dispense with a reference. RULE XL VIII. The second reading of a bill shall be clause by clause — recurrences not being allowed, unless by leave of the House, upon motion, without debate. After the bill shall have been read, and all amendments and privileged motions (if any) disposed of, the question shall be, upon a bill originating in the House, " Shall this bill be sent to the Senate?" Upon a bill which came from the Senate, " Shall this bill be returned to the Senate ?" Upon a decision in the affirmative, the order shall be made accordingly — a decision in the negative, shall be a rejection. RULE XLIX. At the third reading of a bill, the bill shall be read entire, without question, except that the Speaker shall call the attention of the House, to amendments made by the Senate, since the second reading in the House, and shall take the vote of the House upon any such amendment, either when the amendment is reached, or at the end of the clause into which it shall have been introduced. The question then shall be, in the case of a bill which originated in the House, " Shall this bill pass ?" A decision in the negative, shall be a rejection ; upon a decision in the affirmative, the order shall be made without question, that the title of the bill be changed, and that it be called an act, and sent to the # HOUSE OF REPRESENTATIVES. 15 Senate. In the case of a bill which originated in the Senate, the question shall be, " Shall this act pass?" A decision in the negative, shall be a rejec- tion. Upon a decision in the affirmative, the order shall be made without question, that the act be returned to the Senate. RULE L. An Act which originated in the House, having been returned from the Senate, after its passage, shall be committed to the Committee on Engrossing Acts. RULE LI. At the third reading of a bill, no rider or amendment, shall be permitted without unanimous consent, except that the Chairman of the Committee of Ways and Means may, (if he shall have given notice at the second reading, of his intention to offer amendments at the third,) be permitted to offer amend- ments to any bill to raise supplies, or to make appropriations, such as may be pertinent to the bill : and provided that the House may, in its discretion, commit or re-commit any bill at its third reading ; and in such case, there shall go with the bill, to the Committee, any amendments which any Member, at the second reading, may have given written notice of his intention to offer at the third reading ; and after the Report of the Committee, any amendment which it shall recommend, may be adopted. RULE LII. No bill shall be read a third time, on the day fixed for the adjournment of the Legislature, RULE LIII. All bills reported by a Committee, shall of course be printed, together with the Report of the Committee, unless the House shall specially dispense with printing : no other paper shall be printed without the order of the House. RULE LIV. Any bill, report, petition, or other paper, which may come before the House, may be committed or re-committed before a final decision thereon, RULE LV. The Speaker may, whenever he may think it necessary, order any bill, after its second reading, or any resolution, report, or other paper, which has been under consideration, to be fairly engrossed, »* 16 THE RULES OF THE RULE LVI. No motion or proposition on a subject materially different from that under consideration, shall be admitted under color of amendment; and no clause shall be inserted or introduced into a bill, which does not relate to the general objects of the bill. RULE LVII. Orders of the Day shall be special or general : Special, when a particular day, at a particular hour, may be specially appointed, for a particular matter ; General, when a matter is ordered for consideration or action, on a day subse- quent, without special preference given to it. Any member may insist upon a special order of the day, or other special order, until it be discharged. A General Order of the Day shall always require the special assent of the House, before it be proceeded in or executed. RULE LVIII. Every bill which shall be ordered for a second reading ; every report of a Committee, and every original resolution received from any member, shall be ordered for consideration on the next day of sitting after the order, and shall be placed in its turn in the general Orders of the Day ; and each paper in the general orders, shall have priority according to the date of the last order for consideration made upon it : Except, that the House may make a special order for the consideration of any subject, on any day subsequent ; or may agree to take up any matter in the Orders of the Day, before it be reached in order ; or may consider any report or resolution on the day it may be submitted, provided ten Members do not signify objections to doing so by rising, when called on for that purpose, if a proposition so to consider be made to the House; and except that, a bill reported by a Committee shall be read a first time when the report may be received, and ordered for consideration along with the report ; and that a report made by the Committee of Privileges and Elec- tions, on any question relating to elections, may be considered whenever the House may direct ; and that a report of Committee of the Whole, or of the Committee of Engrossed Acts, or of a Committee of Conference may be con- sidered whenever the House shall direct. RULE LIX. All questions as to priority of business, or as to the time when any matter shall be considered, or ordered for consideration, and as to a departure from the regular order of business, shall be decided without debate. HOUSE OF REPRESENTATIVES. 17 RULEX LX. When the House shall not direct a different course, which, at any time, in any particular not forbidden by these Rules, it may do, the following order of business shall be enforced every day, by the Speaker, unless departed from by leave of the House : 1. After the reading of the Journals, the Speaker shall present to the House communications on the Speaker's table, intended to give information, or to be referred; messages and papers from the Senate, requiring immediate action, or not likely to lead to debate, including of course, reports from the House, concurred in by the Senate, and returned ; bills twice read in the Senate, and to be read a first time in the House ; reports from the Senate, to be referred in the House, or laid on the table, until reports of the House on the same sub- jects, are to be considered ; Acts to be committed to the Engrossing Committee, 2. The Speaker shall call for petitions, memorials, presentments of Grand Juries, returns of Commissioners, and such like papers, to be presented by Members and disposed of. 3. The Speaker may, on any day, and shall, on Tuesdays and Fridays, call for reports of Committees : first the Standing, then the Special Committees. 4. The Speaker shall call for resolutions, bills and motions, to be presented by individual Members. 5. The Speaker shall present any messages or papers from the Senate, on subjects likely to produce division in the House, which, without hindrance of business, may be delayed until this time ; and bills requiring a third reading. 6. The House not ordering to the contrary, the orders of the day shall be taken up at the beginning, or at the point where they were last interrupted, and be continued until the House adjourn ; or direct these orders to be suspended, or departed from, for the purpose of taking up some other matter, 7. The Orders of the Day having been disposed of, or laid aside, and no special direction for other business having been given by the House, the Speaker shall call for motions to take up matters on tlw table. I^ILE LXI. A motion to take up any matter which lies on the table, may be made, either when the Speaker calls for motions, or when he calls for motions to take up matters on the table, if the matter be such as should not properly be in the Orders of the Day. But if the matter be such as has been in the Orders of the Day, or would regularly have been placed there, if not laid on the table, a motion to take it 3 18 THE RULES OF THE up, shall be made only when motions to take up matters on the table, have been called for : Except as follows : At any time when no question is before the House, a motion to take up any matter on the table, may be made by unanimous consent : A motion to take up from the table any matter, may be made, whensover a subject with which it is proper to be considered, is presented for consideration : A motion may at any time, when the House is not engaged upon another question, be made to take up a bill, or other paper, for the purpose of placing it in the Orders of the Day, or of referring it, or of making an order relating to the printing of it : At any time when the House is engaged in the Orders of the Day, a motion may be made to take up any matter, which having been in the orders of the day, was laid on the table, when called for consideration in the course of the orders : A motion to take up any matter on the table, or to take up any matter not reached in the Orders of the Day, having been negatived, shall not be renewed within one hour, if objection be made. • RULE LXII. During the first two weeks of the session, the Orders of the day shall not be taken up, nor any bill read a third time, before 12 o'clock meridian. RULE LXIII. The Clerk of the House, shall cause to be pinted and laid on the tables of the Members, every morning, the orders of the preceding day, arranged according to priority, and numbered from the commencement of the session — every matter being introduced and numbered anew after every new order upon it, and the substance of the order being summarily stated, as " Bill, &c, ordered for a second reading ;" " Keport of Committee, &c, on bill, &c, ordered for conside- ration ;" " Report on bill, &c, taken from the table and ordered for considera- tion." • RULE LXIV. A debate interrupted by a simple adjournment, shall afterwards be resumed at the point of interruption, as if the debate had been formally adjourned. If the matter under debate be in the orders, general or special, it shall first be taken up when next the orders are taken up, unless a special order to the con- trary be made by the House ; if it be a matter not in the orders, it shall be taken up at the next meeting, before any other question is presented, except HOUSE OF REPRESENTATIVES. 19 incidental questions, and such matters on his table as the Speaker may think necessary to present, and such questions as the House may give special leave to be first presented. In like manner, and with like exceptions, a matter interrupted by a call for the Orders of the Day, shall, after the orders have been disposed of, or laid aside, and such matters as may be taken up from the table, have been disposed of, or after adjournment, be resumed at the point of inter- ruption, before any other question. RULE LXV. Messages may be received at any time whilst the door is open, except whilst a question is putting, or a ballot is taking, (the latter exception, not to apply to messages from the Senate, asking leave for Senators to deposite their ballots.) A message shall be presented to the House by the Speaker, when received, or afterwards, according to its nature and the business in which the House is engaged ; or its consideration may, on motion, be ordered by the House. RULE LXVI. The Reading Clerk shall prepare, in writing, present to the Speaker for his signature, and bear all messages to the Senate, ordered by the House, unless a different form of sending any message, be ordered by the Speaker, or the House. The Reading Clerk shall read all papers to be read at the desk, which the Speaker may direct him to read, the Speaker being specially responsible that all amendments ordered by the House, be correctly made, and that the attention of the House be called to all amendments made by the Senate, since the matter was before the House. The Reading Clerk shall also be charged with the duty of having executed, in a prompt and accurate manner, all the Printing executed by the rules or orders of the House, RULE LXVH. The prayer of no petition nor memorial shall be granted, nor shall any report from the Senate be concurred in, until there has been a report from a Committee of the House, on the said petition or memorial, or on the said report of the Senate, or on the matter of the said report, unless the report of its Committee shall be dispensed with by the House, unanimously, without debate. RULE LXVIII. No resolutions concerning Managers of Elections, or places of Election, or Justices of the Peace, or Quorum, or Commissioners for District purposes, &c. such as is proper to be embraced in a general report of the Committee of Privi- leges and Elections, or the Committee on Vacant Offices, or other Committee, 20 THE RULES OF THE shall be received, until the general report, into which it might be introduced, shall be under consideration, or shall have been disposed of. RULE LXIX. No Contingent Account of any District Officer, shall be received by the House, which does not come to the House by the Comptroller- General. RULE LXX. No Member shall take any Books or Papers from the possession of the House or Clerk, without first acquainting the Clerk ; and, if required, giving him a receipt to return the same in a reasonable time, or on his demand. RULE LXXI. In forming a Committee of the Whole, the Speaker shall leave the Chair, and appoint a Chairman to preside over the Committee. RULE LXXII. The Rules of the House, so far as they may be applicable, shall be observed in a Committee of the Whole, the Chairman being substituted for the Speaker, except the rule limiting the times of speaking on a debatable question ; but no Member of the Committee shall speak on the same question oftener than twice, until every other Member choosing to speak, has spoken. RULE LXXIII. No Committee of the Whole, or other Committee, shall deface or interline a bill or other paper referred to, but shall report any amendments recommended, on a separate paper, noting the page and line. RULE LXXIV. After the second week of the Session, no petition or memorial of a private nature, shall be received ; nor shall leave be granted to any Member for the introduction of a bill, after the third week. RULE LXXV. The Speaker may name a Member to fill his place, during his occasional absence from the Chair — but such substitution shall not extend beyond an adjournment. RULE LXXVI. If the Speaker should be absent at any meeting after an adjournment, a Speaker pro tempore, shall be elected to hold the office until the Speaker return, his absence be excused, and his desire to resume his duties be expressed. HOUSE OF REPRESENTATIVES. 21 RULE LXXVII. The Speaker, when the Standing Committees are announced, shall appoint a Cashier and Deputy Cashier of the House ; whose duty severally it shall be to countersign drafts ordered by the House and signed by the Speaker, and to prepare the pay bill of every member, when he may obtain leave of absence, or the House may adjourn sine die : present the pay bills to the Speaker for his signature, countersign them, and deliver them to the Members ; taking special care that no Member shall receive his pay bill before the adjournment, who has the intention to depart from the House without leave. RULE LXXVIII. No other title or addition, except " Mr." shall be used by the Speaker or Clerk, in calling the name of any Member of the House. RULE LXXIX. No person, not a Member or Officer of the House, shall be admitted within the Bar, without the special leave of the House. Besides the Members and Officers of the House, the following persons, and no others, shall be admitted within the Hall, namely, the Members and officers of the Senate ; Members of Congress ; the Governor and Suite ; Lieutenant Governor ; Judges ; former Governors ; the Comptroller General ; Attorney General ; and Solicitors ; President of the Bank ; Treasurer of the State ; Surveyor General ; Printer of the House ; Secretary of State ; and the President and Professors of South Carolina College ; also, such persons as may be invited by the Speaker, or by order of the House. All persons in the gallery and lobby shall be uncovered, and all persons, not Members of the House, shall be uncovered whilst in the hall. The Door-keeper and Messenger are charged with the enforcement of this Rule. RULE LXXX. None of the foregoing Rules shall be rescinded, suspended, or altered without the concurrence of two-thirds of the Members present, after one day's previous notice of a motion to rescind, suspend, or alter, has been given, RULE LXXXI. In all particulars not determined by these Rules, or by the Laws or Consti- tution of this State, or of the United States, the practice of the House shall conform to its previous usage, or be guided by Parliamentary Law, as it may be collected from the best authorities. INDEX TO THE RULES OF THE HOUSE OF REPRESENTATIVES. The Figures refer to the Rules as numbered. A. Rule. Absence of Speaker ------ 76 Absentees, at meeting or other time - - - - 1, 14 " upon a call of the House - - 15 " when yeas and nays are taken - - - - 26 Account, contingent - - . - - - 69 Act, when title of Bill changed to - - - 49 " sent or returned to Senate - 49, 60 " returned from Senate - - - - - 50, 60 Address to Chair - - - - - - 11 Adjourn, motion to, privileged - - - - - 36 " . " may interrupt speech - - - - 36 " " not debateable - - 42 " " always in order, except in ayes and noes, and ballot- ing, and except that it is not renewable within 15 minutes - - - 43 Adjournment, interrupting debate - 64 " after matter interrupted by the Orders of the Day, - 64 " of debate, prevents speaking more than twice - 13, 64 " " results from interruption by simple adjournment 64 " " motion for, privileged - 36 " " " not debateable - - 42 " " " not renewable within an hour - 42 Admission of persons within the bar, and within the hall - 79 24 INDEX TO THE RULES OP THE Rule. Amend, motion to, privileged - - - - - 36 " " postponed by motion to strike out enacting or re- solving words 37 " " not precluded by motion to strike out 41 Amendment prevents withdrawal of proposition - - 31 " not in order at the first reading of the bill 46 " at second reading, to be disposed of - 48 " by Senate, how to be treated at the third reading - 49 " " the attention of the House to be called to, by Speaker, 66 " not permitted at the third reading, with certain exceptions 51 " must be pertinent - - - - 56, 51 " ordered by the House, the Speaker is responsible that it be correctly made - 66 " to be reported by Committee, on a separate paper - 73 Appeal from Speaker - 9 Arrest of Member - - - - - 14, 15, 16 " of other person - 8 Assent of Member speaking, as to motion for recess - - 35 Ayes and Noes, how ordered and taken, - - - 25, 26 " " Speaker's name called last in - - - 28 " " prevent adjournment - - - .43 " " prevent message, - - - - 55 B. Ballot, Committee appointed by, when - - - - 63 Balloting, prevents adjournment - - 43 " prevents message - - - - - 65 Bar of House, who may be admitted within the - - 79 Bill, leave to report by - 23 " leave to introduce - 32 " introduced by Member - - - - 60, 74 " to be endorsed - - - - 33 " enacting words stricken out ... . 37 " first reading of - - - - 46, 60, 58 " second reading of - 46, 47, 48, 58 " reference of - - 47, 54, 51, 50 " third reading of 49, 51, 52, 60, 62, 66 HOUSE OF REPRESENTATIVES. 25 Bill title of, changed .... " clause, impertinent in " reported by Committee - - - " to be printed, when - " from Senate ...-«..■ Blank of number or time - Books and papers taken from House - " " not to be read without leave C Calendar ---._. CaZZ of roll - " of the House - " to order - - " for the orders of the day, privileged u " " not debatable " " " not renewable for an hour " " " debate interrupted by Cashier - Censure of Member for disorder - " of Committee or Members thereof Chair to be taken by Speaker or Chairman - " to be addressed - Chairman of Committee, to summon Members and report delinquency " of Committee of the Whole, " of Committee of Ways and Means Clause by Clause - Clearing of gallery or lobby - - Clerk, to call roll at meeting, ••'■.-■ " to call roll, note absentees, upon a call of the House, " to take ayes and noes, and have them printed " to prepare and furnish calendar - " books and papers from «• " reading - - - -' - Commissioners for District purposes, - «• r " returns of Commit, motion to, privileged - when different Committees are named, Rule. 49 56, 51 - 53, 58 - 53 60, 62, 50 - 38 70 - 30 — 63 1, 15, 25 15 1, 2, 4, 5, 6 - 36 42 - 42 - 64 - 77 - 5,7 •• 22 - 1 11 lency 22 71 , 72, 8 - 51 - 48 8 1 - 15 - 25, 26 - 63 - 70 - 66 - 68 w 60 p 36 . 39 *• 26 INDEX TO THE RULES OF THE Rule. Commit, motion to, not renewable within an hour - 42 " " may be made as to any matter before decision - 54 " " when may first made as to bill - 47 " " as to bill not to be dispensed with without unani- mous assent - 47 " " as to paper taken up from table 61 " " necessary as to all petitions, memorials, and reports from Senate, without unanimous assent - 67 Commitment of bill - - - - - - 47, 51, 54 " of act returned from Senate - 50 " of other paper - - - - 67, 54 Committees, how appointed - 17 " standing, number, names, &c. - - 18 " Member excused from - - - - 19 " vacancy in 20 " no addition or change in, on motion - - 20 " no Member to be appointed on, before he is sworn - 21 ** Member sworn, to be appointed to one or more - 21 " quorum of - - - - 22 " delinquency of, or of Members of 22 " not to sit during sitting of House, except, &c. 23 " different named, order of precedence - 39 " bill to be referred to some, and when - 47 " bills reported by, to be printed - - 53 " reports of, in general orders - 58 " bill reported by, to be read when report is received - 58 " report of, relating to Elections ... .58 " reports from, to be called for 60 " all petitions, reports from Senate, &c. to be referred to some - - - ... 67 * general reports from, concerning Managers of Elections, Justices, &c. - 68 " shall not deface or interline bill or paper, ... 73 Committee, Special or Select . . - • 39 " of the Whole, how formed - - 71 " " what rules for ... 72 " " Chairman of, may order the gallery to be cleared - ... . 8 •» •> HOUSE OP REPRESENTATIVES. 27 Rule. Committee of the Whole, shall not deface or interline bill or paper 73 " " its report may be considered whenever the House shall direct .... 58 " of Privileges and Elections, how constituted . .18 " " " its report may be considered whenever the House shall direct, - . 58 " " its general report as to Ma- nagers, &c. . . 68 of Ways and Means, its Chairman may introduce amend- ments at third reading of some bills 51 " on Engrossed Acts, may sit and report at any time . 23 " its report suspends question 35 " its report may be considered whenever the House shall direct . 58 " " Acts to be committed to - 50, 60 " of Conference may sit and report at any time, when, &c. 23 " " its report suspends question - - 35 " " its report may be considered whenever the House shall direct - - 58 Communications on Speaker's table . - . 60, 64 Constitution of State or United States - - 81 Contempt of House -..-.. 8 " by Member in not voting .... 26 Conversations, short, admitted by Speaker - . 42 Count upon division of the House . ... . 24 Cries of order - - . « - - - 7 Custody - - - v^^^^S^^v 8 > 14 » 15 » 16 Date in blank . . . ^^*£Vh^^ - 38 Debate, order in - » ' : *■■■ 4, 5, 6, 11, 30 36 " times of speaking in - - . - - 13, 72, 9 " on appeal from Speaker - • . 9, 10 " suspended ...... 35 " interrupted by privileged question . ... 36 %m 28 INDEX TO THE RULES OP THE Rule. Debate interrupted by adjournment - - - - 64 " by the orders of the day - ... 64 not allowed, on questions of order, except, &c. 9 " after door closed, in ayes and noes - .26 " before motion seconded, stated, &c. 29 " on leave to read paper, book, &c. 30 " on leave to introduce bill, except mover 32 " on question of receiving ... 34 " on motion to divide question - - -41 " " to adjourn - 42 " " to take recess ... 42 to lay on the table . 42 " " to take up from the table 42 " to take up matter in orders not regularly reached 42 " " to proceed to the orders - - 42 " to discharge, lay aside, depart from or suspend the orders 42 " to postpone indefinitely - - 42 " to adjourn the debate - - 42 short conversations may be permitted ... 42 not allowed on dispensing with reference of bill - 47 " " report as to petition, report from Senate, &c. ... 67 " on recurrence to clause ... 48 " on question of priority of business - 59 " on time of consideration ... 59 " on question as to a departure from the regular order of business ... 59 Decision, when equal division . ... .28 " prevents proposition being withdrawn - - - 31 " of question of order . - • . 5, 9 " by division, or by count of tellers - - - 34 " by ayes and noes, ... - 25, 26 Decorum - - . . - 1, 2, 4, 7, 8, 79 Defacing bill or paper ..... 73 Delinquency of Committee ..... 22 HOUSE OP REPRESENTATIVES. Depart from orders, motion to Departure from the regular order of business Deputy Cashier Discharge of orders ... Discretion of Speaker Rule. 42 59 77 42, 57 9, 42, 60, 64, 65 66 5, 7, 8, 14, 15, 22, 26, 60, 61 11, 7, 26, 8 " of House Disrespect Disturbance in gallery or lobby Division of House " of question Door closed Door Keeper Election of Speaker pro tern. - Elections, managers and places of - See Committee of Privileges and Elections. Enacting words of bill Endorsement of papers - Engrossing ordered by Speaker - See Committee of Engrossed Acts. Exculpation - Explanation ------ Excuses for absence " from Committee ...... " from voting - Expenses Floor G. Gallery - Gazette - General Election - " Orders, what are " " motion to proceed to, privileged 24, 28 35, 41 15, 26, 65 26, 79 76 - 68, 18 _ 37 - 33 - 55 . _ 7 5, 6, 10, 13 - 15, 76, 35 - 19, 20 26, 35, 28 1, 14, 15, 16 6, 12 • 15, 16 . 8, 79 - - 25 - 18, 68 - 57 . 36 30 INDEX THE RULES OP THE Rule. General Orders, motion to proceed to, may interrupt speech - 36 " not debatable - 42 " " " " not renewable within an hour - 42 " " " to take up matter in, not regularly reached, not debatable 42 " " " " not renewable within an hour, if objection be made - 61 " " " to discharge, lay aside, suspend, or depart from orders, not debatable - 42 " " " to take up matter on the table, which has been in the orders, or would regularly have been there, when it may be made, with exceptions - 61 (( M " to take up matter, to put it in 61 (( u " House engaged in, motion to take up matter which has been in, and been laid on the table, when called in the course of 61 it tt what shall be put in, and priority of - 58 It It when to be taken up 60, 62 tt It Calendar of, to be prepared by Clerk 63 it a matter in, interrupted by adjournment 64 tt tt matter interrupted by called for 64 Gentleman . 2 Governor and Suite and former Governors admitted 79 Hall H. 79 Hats 2, 79 Hour to which adjournment - 1, 13 " must elapse before certain motions can be renewed - 42, 61 " quarter of, before motion for adjournment can be renewed - 43 I. Impertinent clause - - - - - 56, 51 " speaking ------ || Incidental question - - - - - 35, 64 Indefinite postponement - - 36, 42, 44 Information by Speaker ..... 10 HOUSE OF REPRESENTATIVES. 31 Influence of Speaker - Interest in question - Interlining ..... Interruption of debate by adjournment " " by orders of day " " by privileged question " of speech .... Intervals ...... Invited persons ..... J. Journal ...... Justices of Peace and Quorum L. Laws - ..... Lobby - - - - .«* Lay aside orders, motion to, not debateable effect of Lie on table, motion privileged " not debateable .... " not renewable within an hour " when matter on table may be called up M. Message suspends debate .... " when to be presented by Speaker " consideration of, may be ordered on motion " may be received, when " to be prepared, borne, &c, by Reading Clerk, except, &c. Memorials, how to be endorsed " question of receiving ... " when to be presented " must be referred - - not received after second week Motwn must be seconded and stated, before it can be debated " must be reduced to writing, if desired " may be withdrawn, when Rule. - 10 . 27, 28 . 73 . 64 . 64, 60 . 36 36, 35 . 15 • 79 1, 25, 26, 60 - 68 81 . 8, 79 - 42 . 60, 64 . 36 . 42 . 42 - 60 : ,61 35 60 ,65 ; ,64 . 65 &c. 65, 23 66 . 33 . 34 . 60 . 67 - 74 . 29 . 29 . 31, 35 32 INDEX TO THE RULES OF THE Rule. Motion, question of receiving ..... 34 " no addition to or change in Committee, on ... 20 " s, privileged 35, 36, 37, 38, 39 " first made, first put, with exceptions - . . 40 " s not debateable. See Debate. " s to be called for in the order of business - - 60, 61 " s to take up matters on the table, to be called for - 60, 61 See Questions : and the privileged and ordinary incidental motions, under their several heads. Mover may withdraw proposition - - - - 31, 35 " may speak to question of leave to introduce a bill . . 32 Mr. 78,12 N. Names called in roll - - - - . 1, 15, 25, 26 " " by Speaker . - - - 7, 12 " of Members presenting papers to be endorsed . . ' 33 Notice for leave to introduce bill - - - 32 " of amendments to be offered at third reading of bill - 51 " of motion to rescind, suspend or alter rules - - 80 Number in blank .--... 38 " of Committeees - - - . - 18, 21 " of Members who may send for absentees - , 1 " " who may require ayes and noes - - 25 " " who may permit immediate consideration of re- port or resolution - - 58 " " who may alter rules, &c. - 80 See Unanimous. O. Oath - ....... 21 Objects of Bill - - .... 56 Objection to reading book or paper . . . 30 " to consideration of report or resolution on the day it is sub- mitted - . - . 58 " to renew motion to take up matter ... 61 " to take up matter on table when no question before House 61 " to dispensing with reference of bill • ■ 47 HOUSE OF REPRESENTATIVES. 33 Rule. 21 67 9 1, 2, 4, 7, 8, 79 4, 5, 6, 11, 30, 36 60 59, 42 36, 35, 37, 38, 39, 40 35 57 Objection to amendment at third reading of bill . . " to dispensing with report on petition, report from Senate, &e Once, no Member to speak more than Order in House .... " in debate .... " of business for every day, except, &c " " questions as to departure from " of precedence of motions " questions of, suspends debate Orders of the Day, general and special, how distinguished See General Orders and Special Orders P. Parliamentary Law .... Pay Bills - - - Personalities ..... Petition to be endorsed " question of receiving " when to be presented " must be referred " not received after second week Postponement, indefinite, and to a day certain - Postpone, motion to, privileged " " not debatable " " not to be renewed within an hour " ** carried indefinite equal to rejection See adjournment of Debate. Practice of House . Precedence of motions - " amongst Committees Presentation of papers by Members Presentments of Grand Juries Printing ..... Priority of matters .... Private ..... Privilege, questions of Privileges and Elections. See Committee of Privileges and Elections. Privileged motions ... 35, 36, 37, 38, 39, 40, 42, 48 . 4,81 - 77 • - 11 . 33 . 34 . 60 . 67 . 74 36 ; , 42, 44 . 36 . 42 . 42 - 44 . 4,81 35, 36, 37, 38, 39,40 . 39 . 33 33, 60, 67, 34 53,61, 63,66 58, 59,60 . 27,74 35, 58, 64 84 INDEX TO THE RULES OF THE Rule. Privileged persons admitted to Hall . . . -79 Proceedings at discretion of House - • 5, 7, 8, 14, 15, 22, 26, 60 Proclamation - - . - . 15 Q. Question first made, first put, with exceptions 40 " putting, prevents Message - ... 65 " by ayes and noes, prevents adjournment 43 « how taken ... 25, 26 " how decided, when equal division . . - 28 " withdrawn by mover .... 31, 35 " suspended . . - - - - 35, 64 " interrupted . . . - - 64, 36 incidental . . - . . - 35, 64 divided - . . . . 35, 41 " to be stated by Speaker - .29 " to be adhered to in speaking • - - 11 " to be spoken to by some Member, how often . 13, 72, 9 " an appeal from Speaker . . . 9, 10 order . - . . . 5, 6, 9, 10, 35, 64 " of privilege - - 35, 58, 64 " relating to Elections . • • 58 " who first up . .... 12 " of receiving - - - - 34 " of leave to read book, paper, &c 30, 35 " of taking recess - . . 35, 42 ■J of withdrawing motion .... 35 of leave to introduce bill .... 32 " of expenses or further proceedings against absentees - 14, 15 " of excuses for absence . . - 15, 76, 35 « from voting - - 26, 28, 35 « from Committee ... 19, 20 • of increasing or changing Committee 20 " of filling blank of number or date - • - 38 M of re -consideration . - - . .45 w between different Committees . 39 " dividing questions - • • - 41, 35 « of striking out . . . - .37, 41 HOUSE OF REPRESENTATIVES. 35 Rule. Question of adjournment 36, 42, 43, 64 M of adjourning debate ... 13, 36, 42, 64 " of laying on table - 36, 42, 61 " of taking up - - - - -42, 58, 61 « of indefinite postponement - . .36, 42, 44 U commitment or re-commitment - 36, 39, 42, 47, 51, 54, 67 « amendment ... 36, 37, 41, 46, 51, 56 « of proceeding to the Orders of the Day - - 36, 42 ti of discharging, laying aside, departing from, or suspending the Orders of the Day - - . 42 it of dispensing with reference - - 47, 64 « of recurring ...... 48 M of priority of business . ... 59 it of departing from the order of business . 59 it of time of consideration . . . .59 M of considering Message - - - 65 (( on first reading of bill .... 46 << on second " ..„.._ 48 <( on third reading of bill - 49 Quorum of House, to summon absentees - 1 << of Committee ..... 22 R. Reading of Bill, first .... - - 46 M ■ second - - - - 46, 47, 48, 66 M " third - - 49, 51, 52, 60, 62, 66 « book or paper - - 30, 35 M Clerk 66 Receipt 70 Receiving, questions of - - - - - 34, 68, 69 Recess 35,42 Re-commit, motions to, privileged ... - 36 « " when different Committees are named - 39 « " not to be renewed within an hour - - 42 << " motion may be made at third reading of bill and proceedings in that case - - - 51 << " may be made as to any matter, before final decision 54 M " paper taken from table ► - - 61 36 INDEX TO THE RULES OF THE Rule. Reconsideration - - - - --45 Recording Vote, ----- - 26 Recurrences - - -----43 Reference. See Commit and Re- Commit. Rejection 37,44,45,48,49 Releasement _---- - lo Report by bill - 23, 53, 58 " of Committee of Privileges and Elections - - 58, 68 » » of Vacant Offices - - - - 68 of Engrossed Acts - - - 23,35,58 « « of Conference - - - 23, 35, 58 of Whole --- - 58 " general of any Committee - ■ - - - 68 " from Senate - - - - - 60, 67 " of House returned by Senate - • - .60 " of amendments, how made .... 73 " at third reading of bill - - - 51 " to be placed in general orders, unless, &c, - - 58 " when considered ..... 58 " when to be printed .... 53 " may be recommitted .... 54 " to be called for, and when presented - - . 60 " must be had on every bill, unless, &c. - 47 " must be had on every petition, report from Senate, &c. - 67 " its title at length must be endorsed - - 33 Rescision of rule .... . 80 Resolution, when to be presented .... 60 " to be placed in general orders, unless, &c. • . .58 " when to be considered . . 58 " resolving words, strike out ... 37 " when to be engrossed .... 55 " may be committed or re-committed - - 54 " concerning Managers, Justices, &c. • - - . 68 Rider •. - - - • - - 51 Rising - - - - - - 11, 12, 24, 25, 58 Roll called . - - - - * - 1,15,25,26 Rules of House . 4, 80, 81 HOUSE OF REPRESENTATIVES. 37 Rule. S. Sabbath • - - - - - - 3 Seat . - - - - - 1, 5, 11, 21 Seconding - - • - - - 29, 32 Select Committee - .... 39 Senate, disrespect to -- - - • -11 " bill from . - - . - 60, 62 " report from - . - - - 60, 67 " act from ..... 50, 60 " amendment from ..... 49 } QQ " message from - - - .35, 60, 64, 65 to . . .66 Seven Members may request ayes and noes, 25 Speaker to take Chair, and call House to order ... 1 " to preserve order and decorum .... 4 " to call Members to order .... 4 " to call name of Member persisting in disorder . .7 " to order gallery or lobby to be cleared in case of disturbance 8 " to decide questions of order - . . - 9 " to give information or explanation - . 10 " to speak on questions of order - ... 10 " not to debate or influence ... 10 " to be addressed ..... \\ " to name Member rising, and decide who was first up - 12 " to appoint Committees .... 17 " to place on Committee Members sworn after announcement of Committees - - - . 21 " to direct division of House, if he doubts, upon acclamation . 24 " to name titles ...... 24 " to vote, his name called last in ayes and noes - - 28 " to state questions . - .29 " to put questions of receiving .... 34 " to allow at discretion, short conversations on questions not debatable . - 42 " to call attention to amendments of Senate, and take vote on them, . . - - - 49, 66 " to order engrossing, if he think necessary - . . 55 38 INDEX TO THE RULES OF THE Rule. Speaker to inforce prescribed order of business, unless House other- wise direct . 60 " to present communications on the table, and when - - 60 " to call for petitions, memorials, &c. - - 60 " " reports ..... 60 " " resolutions and bills, and motions by Members - 60 " " motions to take up matter on table - .60 " to present messages and papers from Senate, and when 60, 65 " to sign messages and direct the mode of sending them - 65 " to appoint Chairman of Committee of Whole - 71 " may name a Member to fill his place during occasional absence 75 " in his absence, after adjournment, Speaker pro tern, to be elected 76 " to appoint Cashier and Deputy Cashier ... 77 " to sign pay bills - - - - 77 " to use towards Members no title but "Mr." - - 18, 12 " may invite persons within the Hall - - -79 " his decision in various instances 9, 42, 60, 64, 65, 66 Special Order, what it is, and may be insisted on, unless, &c. - 57 " " may be made by House on any subject, unless, &c. 58, 60 " " motion to proceed to, may even interrupt speech - 36 " " to discharge, lay aside, suspend, or depart from, not debatable ..... 42 " " to take up matter to put it in - - 61 " " matter in, interrupted by adjournment - .64 " " " interrupted by call for - - 64 Special Committee . - - ... 39 Speech suspended, when ..... 35, 36 Standing Committees . • • « 18, 39 Statement of Question - ... 26, 29 Strike out, motion to • 37, 41 Strike out enacting words or resolving words • • 37 " and insert motion to 41 Substitution of Speaker - . - - - .75 Suspension of Question ... . 35 Speech . . . . - 35,36 of Orders of Day - . . . 42, 60 ofEule 80 Sworn, Members to be, before appointment on Committee . - 21 HOUSE OF REPRESENTATIVES Rule, T. Table, papers, motions, &c. to be delivered at 39, 33 " motion to lay on 36, 42, 61 " " to take up 42, 59, 60, 61 " papers on Speaker's .... 60, 65 Take up, motion to ... 42, 59, 60, 61 Tellers ..... 24 Ten Members objecting to consideration of report or resolution 58 Time of consideration .... 58, 59 " for presenting different papers ... 60 " in blank ..... 38 " before certain motions can be received 42, 43 " of notices. See Notice. " for Orders of Day, and third reading 62 " after which no petitions, &c. 74 " after which no bill by a Member 74 Title of Members ... . 12,78 " of bill, report, &c, to be endorsed 33 Travelling expenses ..... 16 Twenty Members may summon absentees 1 Twice Speaking ..... 9, 13, 72 Two. thirds of Members present must concur to alter, &c. Rule 80 U. Uncovered ...... 2,79 Unanimous - 47, 51, 61, 67 Usage of House ..... v. 81 Vacancy in Committee ..... 20 Vacant Offices ...... 68 Vote in ayes and noes ..... 26 " of Speaker 28 " when interest ..... 27, 28 " on amendment from Senate ... 49 " may be excused - . . - 16, 28, 35 40 INDEX TO THE RULES OF THE HOUSE OF REPRESENTATIVES. Rule. W. Ways and Means, privilege of its Chairman as to amendments at third reading . . . 51 Weeks of Session . - - - 62, 74 WUJidraw, Member named for disorder must 7 " mover of question may, before amendment or decision - 31 " motion to, suspends question - - 35 Writing, exceptionable words to be taken down in - 60 " motion to be reduced to - 29 Words spoken, objected to - - - - 6 * enacting or resolving, stricken out - - 37 VARIOUS ACTS AND RESOLUTIONS, WITH Extracts from others, or references to them, CONTAINING STANDING ORDERS OF THE HOUSE, OK RELATING TO ITS BUSINESS. % # [UNIVERSITY] VARIOUS ACTS AND RESOLUTIONS, &c. CHARTERS, JOINT RESOLUTION— 1836. p. 147. No t< Resolved, That the Legislature will not in future grant any new Charter or Notice before appli . Act of Incorporation, or any extension of a Charter in an Act of Incorporation previously granted, unless the applicant or applicants for the same, shall have first given three months public notice, in one or more of the newspapers of this State, in such Districts or Parishes where newspapers are published; and where no newspapers are published, at one or more public places, of his or their inten- tion to make such application, and shall submit, with the same, such satisfactory evidence that such notice had been given. Suspended for Session of 1837 . — 1837, p. 53, RESOLUTIONS ON CONSTITUTIONAL QUESTIONS. JOINT RESOLUTION— 1827. p. 44. No. 2. The Joint Committee to whom was referred the Resolutions of the Senate and , Second session ot House of Representatives, directing an inquiry into the proper order of business ture'TconUnuMic. , ji .*»«.- ±i of the first. to be pursued at the present session of the Legislature, having taken the subject committed to them into consideration, beg leave respectfully to Report; #• 46 ACTS AND RESOLUTIONS. That finding no prohibition in the Constitution, to the continuance of the business of one session in the succeeding one — and that the Legislature of this State, which convened in November, 1803, under a joint resolution of the joint Houses, prior to the 4th Monday in that year, took up the unfinished business of the preceding session, and continued the same to completion, although the same did not take eiFect till after the 4th Monday. Your Committee have agreed to recommend the adoption of the following Resolution : That the present meeting of the Legislature, under the joint resolution of both branches thereof, on the day of December, 1826, is a continuance of the session which commenced on the 4th Monday of November, in that year, and that all business before the Legislature then, is now regularly before them, in the order in which they stood at the time of the adjournment, and may be acted on. No. 3. JOINT RESOLUTION— 1827. p. 58. The Joint Committee to whom was referred the Resolutions directing an in- quiry and report on the proper order of business to be pursued at the present session of the Legislature, have had the same under consideration, and beg leave to report : That they do not find any thing in the Constitution which prohibits the con. tinuance of the business of one session, into the succeeding one of the same Legislature. The caption of all acts, soon after the adoption of the present Constitution, second session of recognizes the second session of the same Legislature as a continuance of the the same Legisla- ° onheVT tinuance first - Tllis is in conformity with what is said to be Parliamentary usage in Great Britain. An adjournment is there regarded a continuance, and not a Business unfinished dissolution of the body. It is not thought that the Constitution, in making it at an extra session, * ° D afte y r b the CO fourS ed the dut y of tne Legislature to meet on the 4th Monday of November in each year, intended to limit their legislative capacity, so far as to make the second session a discontinuance of the first. Such has not been the construction by previous legislation. In 1803, the Legislature adjourned over to an earlier day than the fourth Monday in November, and regarded the Acts of that session, as one entire session, although it ended after the 4th Monday. That all the busi- ness of second session of each Legislature, is not acted on as unfinished business, and taken up in statu quo, as a matter of usage or expediency, and not of con- stitutional necessity. *** ACTS AND KESOLUTIONS. 47 1 If the meeting on the 4th Monday in November is regarded as a discontinu- ance of all the previous acts and doings of the previous session of the same Le- gislature, we would be at a loss to reconcile the practice of electing our officers for two years. With such a construction, we can see no good reason to distin- guish between the recognition at the second session, of the election of President and other officers, and the recognition of other acts and proceedings which are progressive and unfinished. The Committee therefore recommend the adoption of the following Resolution : That the present meeting of the Legislature, under the joint resolution of both branches thereof, passed on the 20th day of December, 1826, is a continu- ance of the session which commenced on the 4th Monday in November last, and that all business before the Legislature then, is now regularly before them, in the order in which it stood at the time of adjournment, and may be acted on. RESOLUTION OF SENATE— 1828. p. 26. No< 4 In the Senate, December 15, 1828. The Committee of the Judiciary, to whom was referred the resolution of the Senate, to inquire and report to the Senate, whether, in their opinion, the office of Reading Clerk in the Senate, is such an office as was contemplated by the 12th section of the 1st article of the Constitution of the State, which section requires that the officers of each House of the Legislative Assembly shall be 585*1 9?S *° , * ° * officer to be elected elected by ballot, have had the same under consideration, and respectfully report : by baUot " That your Committee have given their attention to the words and spirit of the section in question, and find it difficult to resolve the doubt which has been entertained in the resolution committed to them. It does appear that the Con- stitution intended such officers as were necessary to the correct organization of a deliberative Assembly. Such, undoubtedly, is the Presiding Officer and the Recording Clerk. But the long continued practice of the Senate, to elect its Door Keeper and Messenger by ballot, and the Senate having, by their vote, determined the Reading Clerk a necessary officer, and appropriated a salary for his services, incline to the opinion that he is an officer within the meaning of the Constitution. They therefore recommend that the Reading Clerk, hereafter appointed, be elected by ballot. Resolved, That the Senate do agree to the report. 48 ACTS AND RESOLUTIONS. % No. 5. RESOLUTION OF SENATE— 1828. p. 27. In the Senate, December 8, 1828. The Committee, on Privileges and Elections, who were instructed to inquire Pr® c fdent^nd to vice f whether the high office of Elector of President and Vice President is such an vmUseat. "^ not office as vacates the seat of a Member of the Senate, if he be elected to, and exercises the duties thereof. Report : That they have taken the subject into consideration, and have come to the conclusion to recommend the adoption of the following Resolution : Resolved, That the office of Elector of President and Vice President of the United States, is not such an office as vacates the seat of a Member of the Senate. Resolved, That the Senate do concur. t No. 6. RESOLUTION OF THE SENATE— 1827. p. In the Senate, December 12, 1827. sarvon' r 2d reading Resolved, That a Bill to alter the Constitution, on the second reading, not of Bill to alter .'•'*, . constitution. having a majority of two- thirds of the whole Senate, is lost, and ought not to be sent to the House of Representatives. About the same time, on a Bill to alter the Constitution in relation to the tenure of office by a Judge, a contrary decision was made by the House of Re. preservatives, but not reduced to a formal resolution, which has been preserved. In 1831, the House of Representatives, on a Bill to divide Pendleton into two Election Districts, decided that a less number than two-thirds of the whole representation agreeing to the Bill, at its second reading, could not send it to the Senate ; but remarks were made concerning the difference in phraseology, which exists between the article of the original Constitution, concerning Amend, ments, and the section of the Amendments of 1808, concerning any alteration to be proposed of them. A diversity of practice exists between the two Houses, as to the question whether a Member can, after having been sworn, resign his seat ; but although repeated decisions have been made in the Senate, that a Member can resign, and in the House, that he cannot, no record of any of those decisions is accessible. See No. 8. >CTS AND RESOLUTIONS. 49 ELECTIONS. An Act to regulate the place or places por holding General Elec No. 7. tions for Members op the Legislature, in the Election Districts " in this State, and por repealing all acts relative thereto — 1809. p. 60. Be it enacted, #c, That from and immediately after the passing of this Act, piaces of eiecUon the place or places of holding the G eneral Elections in each Election District, {jf t ^ by joiBt reso ' for a Member or Members to serve in either branch of the Legislature, shall be fixed by a joint resolution of the Senate and House of Representatives ; any law, usage, or custom, to the contrary hereof, in any wise notwithstanding. ACT— 1818. p. 40. That in case of the death, removal from the District, or refusal to serve, of any Manager or Managers of Election to be made by the people, it shall be the duty of the Delegation in both branches of the Legislature, or a majority of vacancy in Mana- them, to appoint fit and proper persons to fill up such vacancy; which appoint- ment, under the hands of the said Delegation, as aforesaid, shall be a sufficient authority to hold such election : Provided, nevertheless, that nothing herein contained shall exempt any Manager from such fine as is now imposed by law, for not serving as Manager. See au Act to ascertain the manner and form of electing Members to represent the inhabitants of this Province in the Commons House of Assembly, and to appoint who shall be deemed and adjudged capable of choosing, or being chosen, Members of the said House. P. L. p. 113. 3 Statutes at Large, p. 135. An Act to amend the Acts regulating elections of Members of the Legislature, and others, and for other purposes therein mentioned. 1831. Ch. 16: p. 37. By the Constitution of 1778, clause 13, it is provided, that "where there are no Churches or Church Wardens in a District or Parish, the House of Repre- sentatives, at some convenient time before their expiration, shall appoint places of Election, and persons to receive votes, and make returns." 1 Stat, at Large, p. 140. 7 50 ACTS AND RESOLUTIONS. No. 8. JOINT RESOLUTION— 1831. p. 55, Residence of Voter. Resolved, That the two years residence required by the Constitution, in a Voter, are the two years immediately previous to the Election ; and the six months residence in the Election District, are the six months immediately previous to the Election ; but if any person has his home in the State, he dees not lose the right of residence by temporary absence, with the intention of returning ; and if he has his home in the Election District, his right to vote is not impaired by a temporary absence, with the intention of returning. But if one has his home and family in another State, the presence of such a person, although continued for two years in the State, gives no right to vote. Oath of Managers. JOINT RESOLUTION— 1833. p. 53. Resolved, That the Managers of Election, prior to their proceeding to the Elections, do take the following oath or affirmation, before some Magistrate, or one of the Managers of Election, to wit : " That they will faithfully and impar- tially carry into execution, the foregoing Elections, agreeably to the Constitution of the State of South Carolina." Resolved, That in future, no person quabfied to vote for Members of each District. y one Branch of the Legislature, shall be permitted to vote in more than one Election District or Parish ; and the Managers of Elections throughout this State, are hereby required and directed, if they think proper, or on the application of any oath of voter Elector present, to administer to any person or persons offering to vote, the following oath : " I, A. B., do solemnly swear or affirm, [as the case may be,] that I have not, at this General Election for Members of the Legislature, voted in this or any other District or Parish, and that I am Constitutionally qualified to vote : So help me God." And if any person or persons required, as afore- said, to take said oath or affirmation, shall refuse to do so, then the Managers respectively, in their respective Election Districts and Parishes, shall be, and they are hereby required and enjoined, to refuse such vote or votes ; and in case the Managers shall refuse to require the oath as aforesaid, when demanded, they shall be liable to all the pains and penalties, they would be liable and subject to, for neglecting any other duties required of them, as Managers of Elections for either Branch of the Legislature. ACT3 AND RESOLUTIONS. 51 Resolved, That the two years residence required by the Constitution in a Residence of voter. Voter, are the two years immediately previous to the Election ; and the six months residence in the Election District, are the six months immediately previous to the Election ; but if any person has his home in the State, he does not lose the right of residence by temporary absence, with the intention of returning ; and if he has his home in the Election District, his right to vote is not impaired by a temporary absence, with the intention of returning ; but if one has his home and his family in another State, the presence of such person although continued for two years in the State, gives no right to vote : An Act for procuring the more punctual and regular attendance j$ ^ 9# op Persons elected Members op the Senate and House of Repre- entatives. Passed 1787. Grimke's Pub. Laws, p. 415. Whereas, the business and sitting of the Legislature, is very much retarded and prolonged by the dilatory and irregular attendance of persons elected and returned Members of the Senate and House of Representatives, to the great expense and other detriment of the public, to remedy and prevent which, as much as possible, 1. Be it titer ef ore enated, That if the Church Wardens, or other Managers Managers neglecting J ° return, subject to and Conductors of the Election of any District or Parish, shall neglect to make £20 ' a return at the time and place the Legislature is to meet, according to the exigence of the Writ to them directed, then, and in such case, the Church Wardens or Managers, so neglecting, shall pay the sum of .£20, to be sued for and recovered by the Attorney General, and be paid into the Treasury for the use of the State. 2. Every person who shall or may be elected and returned, and doth qualify ap'p^imdermdn to serve in the Senate or House of Representatives, shall and must, and is ° *° 3 ' a day " hereby ordered and directed, personally to be and appear at the time and place duly prescribed and appointed, for the meeting of the Legislature, on pain of incurring the penalty of 20s. for every day he shall make default ; and on his appearance, the Cashier of the House to which he belongs, shall, and is hereby ordered, on pain of being proceeded against, as for a contempt of the House Absence to be re- . ported by Cashier, and breach of Privilege, to report to the President of the Senate, or Speaker ^ c d r P™ eedin63 of the House of Representatives, as the case may be, the number of days such 52 ACTS AND RESOLUTIONS. person shall have made default ; and the President or Speaker shall, thereupon require him to show cause or excuse, why he should not pay such penalty, and shall leave to the judgment and determination of the House to which he shall belong, whether such penalty shall be exacted ; aud in case it be the judgment and determination of the House, that the same shall be exacted, then the Cashier shall demand the payment thereof; and in case of refusal or non-com- pliance, within seven days, the said person shall be taken into custody, and proceeded against, by order of the House to which he shall belong, as for a Persons deciinimrt con tempt and breach of privilege. Provided, That any person who shall be the^aL^y fetter duly elected and returned a Member of either House of the Legislature, and who shall determine to decline to serve and qualify, in case it may not bo convenient for him to attend for the purpose, it shall and may be lawful for him to signify and express his determination, by a letter signed by himself, in the presence of a Member of the same District or Parish, and which said Member, shall deliver the letter, addressed to the President of the Senate, or Speaker of the House of Representatives. 3. If any person, duly elected and returned as a Member of either House of the Legislature, shall neglect and fail personally to appear and qualify, or decline to serve, or signify and express his determination to decline, or not qualify, by letter as aforesaid, at the meeting, as aforesaid, of the House for which he is returned to serve, then, in such case, the Cashier of the House for which he shall be elected and returned a Member, shall report such default to the Presi- dent or Speaker, and the person so making it, shall be liable to be sent for at his own expense, and taken into custody, and to answer and show cause and excuse why he should not be liable to the penalties, and to be proceeded against as is above mentioned, in the second clause of this Act. 4. If any Member of either House, who hath qualified and taken his seat, shall neglect to appear at the time and place to which the House may be duly adjourned to meet, or convened by a requisition of the Governor for the time being, he shall be liable to the same penalties, and shall be proceeded against as is prescribed and directed in the said second clause of this Act. 5. If the Cashier of either House, shall fail in his duty as above prescribed, he shall be liable to be called on by the President or Speaker, to receive such censure and reprimand as the case may require, and the House to which he belongs, may resolve and direct. Person elected may be sent for at his ex- pense. Member absent dealt with in like manner. Cashier neglecting. ACTS AND RESOLUTIONS 53 ACT 9th OCTOBER, 1778. P. L. 298. No. 10. Each Member of the different Branches of the Legislature shall in future Each member ^ be furnished with one copy of every such Act and Ordinance, [Acts of the Legislature,] for his own use, and no more. [Grimke's Public Laics, p. 298. ACTS OF 1834, Ch. 28. Pamph. p. 61. No. 11. An Act to regulate the Printing and Distribution of the Acts and Resolutions of the General Assembly of this State and for other purposes. Sec. 1. Be it enacted by the Hon. the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That it shall hereafter be the duty of the printer, employed for the purpose, by Printer t0 deposite the Legislature, after the adiournmnet of each Session, to print two thousand Acts and Resoiu- ° " A tions in office of the copies of the Acts and Resolutions of the G-eneral Assembly of this State, '^a^seot passed at such Session, and to deposite them, on or before the twentieth day of them as directed. February, next succeeding thereafter, in the office of the Treasurer of the Upper Division ; of which, the said Treasurer shall keep an hundred copies, subject to the order of the Governor, for the purpose of interchanging with other States ; and the said Treasurer shall deposite an hundred and fify copies in the Legislative Library, and shall transmit, at the earliest period, to the Clerks of the Courts for the several Districts and Parishes of this State, the copies then remaining in his hands : Abbeville District, 92 ; Anderson do. 56 • Barnwell do. 50; Chester do. 77; Chesterfield do. 36; Darlington do. 50; Edgefield do. 80 ; Fairfield do. 77 ; Greenville do. 56 ; Kershaw do. 66 ; Lau- rens do. 53; Lexington do. 48 ; Lancaster do. 50; Marlborough do. 38; Newberry do. 50 ; Orangeburgh do. 40 ; Pickens do. 56 ; Richland do. 100 ; Union do. 56 ; Sumter do. 65 ; Spartanburgh do. 60 ; York do, 65 ; Beaufort do. 60; Charleston do. 150; Colleton do. 55; Georgetown do. 50; Horry do. 45 ; Marion do, 44 ; Williamsburg do. 25 ; and that the persons employed in. transmitting said Act, shall receive, as a compensation for their services, three dollars per day, for every forty miles they may travel, in going to and returning from the town of Columbia. 54 ACTS AND RESOLUTIONS. S33&5? Se °' 2 ' "^ i* further enacted, That the Clerks of the Courts, after supply- ing all such persons as by law are entitled to receive copies of the Acts and Resolutions aforesaid, shall sell the copies remaining in their hands, at fifty cents per copy, and pay into the Treasury such amounts as they may severally receive by such sales. DISTRIBUTION OF ACTS, &c. No. 12. EXTRACT FROM A REPORT ADOPTED 1836. p. 113. The Committee on the Judiciary, to which was referred the Resolution to provide for the transmission of the Acts of the Legislature, and the Statutes at large, beg leave to Report : statute aTL^e, 6 That it is thought necessary hereafter, to make it the duty of the Librarian Legislature. of the Legislature, to distribute the Statutes at Large, and the Acts of the Legislature, each year, in the following manner : To the Secretary of State, for distribution by him in the manner he has heretofore distributed the Acts of the Legislature, viz : For the Clerk of each Court of Law in the State, one copy of the Statuets and one of the Acts ; for each Commissioner and Master in Chancery, one copy of each work ; for each Ordinary, one copy of each ; for the Court of Appeals, at Columbia, one copy of each ; for the Court of Appeals, at Charleston, one copy of each ; for each Magistrate in the State, and for every Member of the Legislature, one copy each, of the Acts of the Assembly. And the Librarian himself, every year, shall distribute the Acts and Statutes at Large, as follows : To the Library of the Legislature, ten copies of each ; to the South Carolina College, two copies of each ; to the Charleston Library, two copies of each ; to the Governor of each State of the Union, for the use of the State, one copy of each ; to the Legislature of each State, one copy of each ; to the Library of Congress, two copies of each ; to the Heads of Department, at Washington, for the use of their Departments, one copy of each ; to the Historical Society of New York, one copy of each ; to the Athenceum, Philadelphia, one copy of each ; to the Library of Harvard University, Cambridge, one copy of each ; to the Yale College Library, one copy of each ; to the Libraries of the Universities of Virginia and Alabama, one copy of each ; to the College, at Athens, Georgia ; ACTS AND RESOLUTIONS. 00 Princeton, and Chapel Hill, North Carolina, one copy of each ; to the Athe- naeum, Boston, one copy of each ; to the Committee of Public Records, London, care of C. P. Cooper, Esq., one copy of the Statutes at Large ; to the London Museum, one copy of the Statutes at Large ; to the King's Library, in Paris, one copy do ; to the University Library, at Heidelburger, one copy do ; to the Royal Library, at Berlin, one copy do ; to the University Library, at Gottengen, one copy do. The Committee recommend that the Librarian, for this considerable addition rian^Ja°ary! bra " See No. 19. to his labors, be paid the sum of $200. JOINT RESOLUTION— 1837. p. 58. No. 13. Resolved, That three copies of the Statutes at Large, of this State, com- Three copies of mencing with the second volume, be presented as follows : One copy to the to Libraries. arge Royal Library in Berlin, (it being the Library of the University in that city) ; one copy to the University Library at Grottengen, and the other copy to the University Library at Heidelburg. And that the second volume, now published, and the volumes hereafter to be published, be delivered to Dr. Francis Leiber, of the South Carolina College, to be by him forwarded to the above mentioned Institutions. OFFICERS OF HOUSE. EXTRACT ACT— 27th MARCH, 1787. P. L. p. 427. No * 14> No Officer of the Senate and House of Representatives, shall hereafter take, officers of Houee to or receive, directly or indirectly, any fee or perquisite whatsoever, except by havenoper,luisite3 - order of the House to which he respectively belongs, any usage or custom to the contrary notwithstanding. ACTS AND RESOLUTIONS, EXTRACT FROM ACT OF 1791, CONCERNING FEES AND SALARIES. 1 Faust, p. 117. Clerks of the Senate and House of Representatives. For any copy or extract from the Journal of either House, to any person requiring the same, except a Member of either Branch of the Legislature, or the Executive : Each copy- sheet ...... 5 pence. For every search - - - . - - 8 pence. No. 15. ACT DISTINGUISHED FROM RESOLUTION. ACT 1807.— p. 56. An Act to Increase the Compensation of the Members of the Le- gislature, by Act. validity of resoiu- Whereas, doubts having arisen, whether the Resolution of the Legislature, passed in the year eighteen hundred and five, increasing the pay of the Members of the Legislature to three dollars per diem, be consistent with the Constitu- tion, in that case made and provided : Be it therefore enacted, Src. That the Members of the Legislature, shall be entitled to receive, out of the public Treasury, as a compensaiion for their $3p*?r diem. receive expenses, a sum not exceeding three dollars a day, during their attendance on, going to, and returning from the Legislature, at the rate of thirty miles per day. No lg An Act to prevent appropriations of money otherwise than by an Act of the Legislature. Passed 1796. 2. Faust. 84. Whereas, daily experience evinces the impropriety of the Legislature's granting money for any purpose, in any other mode than by virtue of an Act of the Legislature : ACTS AND RESOLUTIONS. 57 Be it therefore enacted, &c. That after the passing of this Act, no sum of 'SgEfgS,. money shall be directed to be paid away out of the treasury of this State, unless •damM**^! the same be done by an Act to be passed for that purpose ; and that no person who now is, or hereafter may be indebted to the State, in any manner whatever, shall be exempted or relieved, in part or in the whole, from the payment therof ; nor shall the State be divested of any right or interest whatever, for the purpose of vesting the same in any individual, by any other means than under and by virtue of an Act to be passed for that purpose. See Law, in Indexes to Constitutions of South- Carolina and U. States, LEGISLATIVE LIBRARY AND RECORDS. ACT— 1814. p. 55. No. 17. That the sum of five hundred dollars be annually appropriated for the purchase aj°^i ^^- of a Library for the use of the Members of the Senate and House of Repre- sentatives of this State. JOINT RESOLUTION— 1814. pp. 93, 100. A Joint Committee appointed to purchase suitable Books, and make proper arrangements for the establishment of the Library. JOINT RESOLUTION— 1816. p. 102. No. 18. Autlwrizing the President of the Senate and Speaker of the House " to Duty of Librarian- appoint a Librarian, who shall give constant attendance at the Library Eoom, during the session of the Legislature, to furnish Books to the Members, and to 58 ACTS AND RESOLUTIONS. observe such rules as shall, from time to time, be prescribed by the Book Committee : and that the Librarian receive, as a compensation for his services, the sum of one hundred dollars" No. 19. State of Legislative Records. REPORT ADOPTED— 1833. p. 12. The Joint Committee of the Senate and House of Representatives, to whom was referred the Resolution concerning the keeping of the State House, and Records of the Legislature, beg leave to report : That they have examined the state of the Records of the Legislature, and find them in the most deplorable condition. They have been thrown into closets, as though they were mere rubbish. In many instances, they are irretrievably destroyed, and nearly all of them more or less injured. The floor, shelves and chairs are covered with them, in utter confusion and disorder. Scarcely a roll of the House has been preserved ; those that exist, are so defiled as to defy the touch of the hand. In short, it is difficult to describe the disgraceful condition which the Records of the Legislature now present, and nothing but prompt attention to them can save them from utter ruin. The Committee have been informed that many of the Legislative and Executive Records of the country are now remaining in the various offices of Charleston, and should be removed to Columbia, and placed in their proper apartments. Some of the Legislative Journals, your Committee understand, remain yet unbound, in copy books. They therefore recommend that the Governor be requested to have the offices of Charleston examined, the Records put in as good condition as they will admit, and removed to Columbia ; and that the Clerk of the Senate, and the Clerk of the House, be required to put the papers of their respective Houses in order, and in suitable cases to be prepared for the purpose ; and that they be paid a suitable compensation for their services. The Committee think it very desirable that access to the records of the Legislature should at all times be practicable to the members of the Legislature and the officers of the State, subject to the care and confidence of a suitable officer. It would afford great facilities to the business of the Legislature and to the officers of the State Government, besides affording great conveniences to the public. The Library, also, should at all times be subject to the same access, offices of state The Committee therefore recommend that the office of Keeper of the State House Keeper and *- . a ▼ •? • * « Librarian united. House should be joined to that of Librarian; and in addition to the duties Duty of officer. heretofore required of those officers, it should be required of the person appointed Records to be re- moved from Charleston to Co- lumbia. Clerks to put pa- pe.s in order. ACTS AND RESOLUTIONS. to perform these joint duties, to preserve and keep in safe custody and good condition, the records of the Legislature, and at all times to afford to the members of the Legislature and the officers of the State, access to the records of the same; taking care, at all times, that they receive no injury, and that they are not misplaced, or removed from their proper places of deposite ; and that for such services, that he be permitted to reside in the house on the State House Square, now occupied by the Keeper of the State House, and have the control and management of the State House Square and Buildings, and see that they receive no injury, and for such services be paid the sum of five hundred dollars, s^iaiy. See Resolution — 1836. p. 118, above, No. 12, see No RESOLUTION— 1826. p. 59. No. 20. Resolved, That the Committee on the Legislative Library do hereafter account Library committee . , . ~ ., -ii.. . /. i T • to a 000 "* 1 ' "ith with the Comptroller, at and before every session of the Legislature, for what- comptroller, ever monies may have been drawn by them and appropriated to the use of the Library. RESOLUTIONS GIVING THE USE OF THE LIBRARY. 1821. p. 77. To the President and Faculty of the College, 1825. p. 104. To the Judges of the Court of Appeals. 1826. p. 58. To the State Reporter. 1837. p. 57. To the Trustees of the South- Carolina College. 60 ACTS AND RESOLUTIONS. ROADS. No. 21. Section 5, of an Act passed 1825, entitled "An Act to reduce all the Acts and Clauses of Acts of the General Assembly of this State, relating to the powers and dcties of the Commissioners of the Roads, into one Act." — 1825. p. 30. Sec. 5. And be it further enacted by the authority aforesaid, That the Com- missioners of Roads are hereby authorized and required to lay out, make and keep in repair, all such Roads, Bridges, Causeways and Water Courses, as have been, or shall hereafter be established by law, or as they shall judge necessary, in their several Parishes and Districts : Provided, however, that no Board of Commis- sioners of Roads shall hereafter have power to open any new road, until they shall have given three months previous notice, by advertisements, in the settle- new Road, ment through which the intended road is to be opened. Nor shall any new road be opened over the lands of any person who shall signify to the said Board Permission of Le- of Commissioners, any opposition, unless by permission of the Legislature. Nor S'slatureif ownerof - _ . _ , , , .. ad be opposed, shall the Legislature hereafter grant any new road, unless upon a representation MTwttbffSTnfHK of the Board of Commissioners of the District, Parish, or Division, where the entation of Com- _ , ■,-,., .,»• i • -i •■>• in -11 mi3S io"ers and 3 said road is to be laid out, certifying the propriety and utility thereof ; and, also, that three months previous notice had been given to the persons opposed thereto, to enable them to make counter representations to the same, if they see fit so to do. J months notice for ACTS AND RESOLUTIONS. COMPANIES INCORPORATED AND CHARTERS GRANTED FOR ROADS BRIDGES AND FERRIES. Extracts from an Act passed 1827, (Pamph. p. 14) entitled No ' 22, "An Act establishing principles on which Companies shall be incor- porated, AND THE CHARTERS OF FERRIES, BRIDGES AND TURNPIKE ROADS SHALL BE HEREAFTER GRANTED, AND FOR OTHER PURPOSES THEREIN EXPRESSED." Clause 1. Be it enacted, fyc. That whenever, hereafter, the Legislature shall ^7 ct c t °™^° y pro . authorise the formation of a Company, for the construction of a Turnpike Road, except °uch hl a/are . . . excluded by its Bridge, Causeway, or the keeping of vm Ferry, the Company, in its formation, charter. organization, and subsequent proceedings, shall be subject to all the provisions of this Act ; except such as the Act of authorization shall expressly, or by necessary implication, exclude. Section 1-25 — Contains various provisions concerning the form, rights and liabilities of such Company. Vide. Clause 2. (p. 20.) That every charter for a Ferry, Bridge, or Turnpike Every charter for ., . . ,. . , , T -,/-, i! Ferry, Bridges, &.C. Road, to any individual or individuals, or to any incorporated Company, by the subject to provi- Legislature of the State, or the authority thereof, hereafter to be granted, shall J>7 n A *° fInc <> r P<> ra - be subject to all the provisions of this Act, except such as the Act creating or authorizing such charter, shall expressly, or by necessary implication, exclude. Sec. 26. Every charter of a Bridge, Ferry, or Turnpike Road, shall be in Every charter in fee simple, and shall be held by the grantee or grantees, his, her, or their heirs, or assigns, or successors, forever, as real estate, subject to be extinguished in manner herein before expressed. Sec. 27. No grant of a Bridge, Ferry, or Turnpike Road, shall prevent the Not to exclude Le- gislature from Legislature from making further grants of Ferries, Bridges, and Turnpike Roads, ^feSe"' others within any distance of the same, whenever the convenience of the community profits? uoms may require such further grants. But every grant of a Ferry, Bridge, or Turnpike Road, shall exclude all other persons from erecting and keeping up ACTS AND RESOLUTIONS. any Bridge, Ferry, or Road, which may reduce the profits of such chartered Bridge, Ferry, or Turnpike Road, except for the individual use of the person erecting and keeping up such unchartered Bridge, Ferry, or Road, without the authority of the Legislature, expressed by Act. Sections 28-46 — As to the tolls, and powers of the Legislature over them. Vide. Right of alteration reserved to Legisla- ture. Petition: What i t shall contain. Notice of it to be published. Sec. 47. Nothing in this Act contained, shall be construed to deprive the Legislature of the right of passing, altering, or repealing any Act or Acts, altering the duration of office of any of the said Commissioners, or declaring any commission to cease, and ordering a new one to be appointed, or imposing penal- ties for not keeping the said works in repair, or for enforcing due attendance at the same. Sec. 48. Every application to the Legislature to grant a charter -for any Bridge, Ferry, or Turnpike Road, shall be by petition, in which shall be set forth particularly, the site on which it is to be constructed or kept, and shall be enumerated all the chartered Bridges, Hrries, and Turnpike Roads within ten miles of any part of the work so intended to be constructed or kept ; and in it shall be stated the public convenience which requires the grant ; and the said petition, together with a notice that it is intended to present it to the Legisla- ture, shall be published in some gazette, printed at the Seat of Government, or in the Judicial District in which some part of the said work is intended to be constructed or kept, at least once in each month, for the term of three months, next preceding the month in which the Legislature to which the petition is intended to be presented, is to commence its session ; and when any proprietor or proprietors of any chartered Bridge, Ferry, or Turnpike Road, his, her, or their agent, trustee, or attorney, may give notice in writing to the petitioner, or any one of the petitioners, two months before the meeting of the Legislature to tfonfte'stimonyCy" which the petition is to be presented, that the grant will be opposed ; and in the be taken. said notice shall state the grounds of such opposition ; then, and in that case, all the evidence for and against such a grant, shall be taken on oath, and in writing, before the Commissioner of the Court of Equity, or Clerk of the Court of the District where is situated some part of the work so intended to be constructed or kept. But before any evidence shall be so taken, the party offering it shall give at least ten days notice to some one of the opposite party, of the time and place of taking such evidence ; and whenever any such charter shall be granted without all the requisites of this clause being complied with. ACTS AND RESOLUTIONS. 63 the said charter may be repealed by scire facias, at the suit of the proprietor or Nerieet of provision '. * * J I r subjects charter to proprietors of any previously chartered Bridge. Ferry, or Turnpike Road, any fa C i a e s 1 ! eaUd by scire part of which may be situated within ten miles of any part of the Bridge, Ferry, or Turnpike Road so illegally chartered. The provisions of this section shall not extend to any charter for a Bridge, Ferry, or Turnpike Road, which may be granted or authorized during the present session of the Legislature. Sec. 49. Whenever, hereafter, any Ferry may be chartered, in pursuance of Ferry may be sup- 1 pressed for the es- this Act, or any other principle, for a term of years, or in fee simple, and the MdjJoTromp^ public interest may require a Bridge to be erected thereat, and that the Ferry should be suppressed, the Legislature may erect the said Bridge, or grant, or authorize a charter for erecting the same, and suppress the said Ferry, after the expiration of one year from the date of the Act declaring the suppression, on condition that the whole capital expended in making the roads and landings to said Ferry, is paid to the proprietor or proprietors thereof, with 100 per cent, advance thereon. Sections 50-63. — Vide pages 27-30 of pamphlet, 1827. See Act 1836, p. 70, declaring the provisions of this Act of 1827 inapplica- ble to the Sumter arid Darlington Rail Road Company. Act 1828, p. 91, inapplicable to South Carolina Canal and Rail Road Co. TURNPIKES. An Act to define the terms upon which the State will aid in the No. 23. construction of Turnpike Roads. Passed 1838. Pamph. p. 36. Sec. 1. Be it enacted, fyc. That whenever a Company of individuals shall state wi u subscribe c J two-fifths of stock associate themselves together, for constructing a Turnpike Road, and shall ^&383 three fifths, provid- subscribe three-fifths of the estimated cost of the said road, the State of South- ed terms be com- plied with. Carolina will subscribe and contribute the remaining two-fifths, and become a 64 ACTS AND RESOLUTIONS. stockholder in that proportion, in the said Company, when the following requi- sites shall have been complied with, that is to say: 1. The Company desiring the aid of the State, shall cause to be made, and furnished to the Legislature, proper plans and estimates of the cost and advan- tages of the road they propose to make ; and shall satisfy the Legislature of the expediency of constructing the same, and that it can be constructed at the amount of the estimate. 2. The said Company shall also shew, to the satisfaction of the Legislature, that three-fifths of the estimated cost of the road have been subscribed by responsible individuals, and that it is their intention to proceed, as soon as pos- sible, to the execution of the contemplated work. Sec. 2. Whenever the said preliminaries shall have been complied with, the faith of the State is hereby pledged to grant unto any such Company a charter of incorporation, and to subscribe to the Stock thereof two-fifths of its capital, reserving to the State corresponding shares of the profits, and a corres- ponding power in the management and direction of the Company. Sec 3. No instalment shall be paid by the State, upon the stock of any such Company, until a corresponding call shall be made upon the private stockhold- ers, in common with the State; and the Comptroller General shall, upon every call for instalments, after the first, ascertain that the preceding instalments have been paid in by the private stockholders, before such subsequent instalment shall be paid by the State. Srcc. 4. The President and Directors of every Company in which the State shall become a stockholder, shall, on the first day of October, in every year, make a special report of its condition and finances, to the Comptroller General, and report't" Le^dft-"" if any such Company shall neglect to make a return as aforesaid, the Comptroller General shall, if possible, procure information of its condition, and report the same, or the fact of not being able to get information, to the Legislature. Sec. 5. The stock which the State may hold in any such Company, shall Stock of State not op.-i-i i /> i t • i to be forfeited. never become forfeited, without the consent ot the Legislature. Faith of State pledged. State to pay only as other stock- holders. Comptroller to ascertain. Report to Comi troller, if not, fie to ACTS AND RESOLUTIONS. 65 SOUTH-CAROLINA CANAL AND RAIL ROAD COMPANY. An Act to authorize the formation of a Company for constructing No. 24. Kail Roads or Canals from the city of Charleston to the towns of Columbia, Camden and Hamburg. 1827. Ch. 27, p. 73. Amended by Act, January, 1828, ch. 6, p. 87 — which contains the charter, giving exclusive privileges for 36 years. JOINT RESOLUTION— 1S27. p. 52. Recommending an appropriation of $4,000, to enable the Superintendent of Public Works to cause the country between Charleston and Hamburg to be surveyed, so as to ascertain the proper course, and the practicability of con- structing a Canal and Rail Road between those places. EXTRACT FROM APPROPRIATION ACT— 1829. p. 13. No. 25. Sec. 15. That the Comptroller General of this State be, and he is hereby authorized and directed, whenever an application in writing shall be made to him, for that purpose, by the President and Directors of the South- Carolina Canal and Rail Road Company, to advance, by way of loan to the said Company, the sum of one hundred thousand dollars, to be paid out of any monies in the trea- hom of $ 100 > 000 - sury, not otherwise appropriated : Provided, The said Company, or the President and Directors thereof, before the said sum is advanced and paid over to them, shall secure the re-payment thereof, by bond and a mortgage, or assignment to Bond and Mortgage. 9 OD ACTS AND RESOLUTIONS. the State of their whole assignable interest, property and estate in the Kail Road and Canals by them to be constructed, in pursuance of their charter, and the materials collected, or to be collected therefor. Provided, also, That the same shall be paid in such a proportion, that when the stockholders have paid thirty thousand dollars, the Comptroller General shall lend them, on the above security, ten thousand dollars, and so on, until the hundred thousand dollars has been advanced. Sec, 16. That the said Company shall be required to pay interest on the interest at 5 per ct said loan, at the rate of five per cent, per annum, and that the whole sum shall be re-paid to the State in seven years. No. 26. REPORT AND RESOLUTION— ADOPTED 1836. p. 109. The Committee of Finance, to which was referred the Petition of the South- Carolina Canal and Rail Road Company, praying to " be released from their obligation to the State, for the sum of one hundred thousand dollars, with the amount of interest which has accrued thereon," have had the same under con- sideration, and beg leave to report : That it is inexpedient, in their opinion, to release the Company from their obligation; but the Committee would respectfully recommend that a liberal indulgence ought to be extended towards the said Company, which risked so much in a problematical project, that has already bestowed incalculable benefits upon the people of this State. The Committee therefore recommend the adop- tion of the following resolution : Resolved, That the South- Carolina Canal and Rail Road Company be, and they are hereby indulged, for ten years from 18th December, 1836, in the pay- wte'ofinterestf" 1 * ment of their said obligation, at the same rate of interest as heretofore, on the said Company's giving sufficient security for the ultimate payment of the said debt and interest, on the 18th December, 1846. See Act lending the credit of the State to secure a loan to the Louisville, Cincinnati and Charleston Rail Road Company — 1837, p. 35, whereby another mortgage is preferred to that of the State. ACTS AND RESOLUTIONS. 67 OTHER RAIL ROAD COMPANIES INCORPORATED. No. 27. Doekon and Whappahoola, - - 1833, p. 58. Edgefield, - - - 1834, p. 26. 1835, p. 46. Barnwell, ... . 1835, p. 61. Sumter and Darlington, - - 1836, p. 66. Metropolitan, •• - - 1838, p#16. Charleston, Georgetown and All Saints, 1838, p. 50. LOUISVILLE, CINCINNATI AND CHARLESTON RAIL ROAD. JOINT RESOLUTION— 1832. p. 27. No. 28. The Committee on Internal Improvements, on the part of the Senate, in conjunction with the same Committee from the House of Eepresentatives, acting as a Joint Committee, to whom was referred the petition of the South- Carolina Western and Atlantic Rail Road Committee, praying for an appropriation to defray the expenses of a survey, report : That they have had the same under consideration, and have concurred in recommending that the sum of one thousand dollars be appropriated by this i^tn^nS^ State, if so much shall be necessary, subject to the order of the said Committee, to defray the expenses of a survey within the limits of this State, with a view to the location of a Rail Road for the connection of the Atlantic and Western waters, by a Company to be hereafter established and chartered by the Legisla- ture : Provided, That before payment of the appropriation, satisfactory evidence Provlso shall be produced to the Comptroller General, that the Legislatures of North- Carolina and Tennessee have made appropriations, to defray the expense of similar surveys within their respective limits. Agreed to. House concurred. See Appropriation Act — 1832. p. 15. 68 ACTS AND RESOLUTIONS. LOUISVILLE CINCINNATI AND CHARLESTON RAIL ROAD. No. 29. An Act t^cause surveys for a Kail Road between Cincinnati and See . Charleston. Passed 1835. Ch. 5. Pam-ph. p. 16. An Act to incorporate the Cincinnati and Charleston Rail Road Company. 1835. Ch. 19. Pamph. p. 46. Sec. 18. Neither of the said States of South- Carolina, North- Carolina, Ten- tMrty-luySre' for nessee nor Kentucky, shall, within the period of thirty- six years from the first day of January, in the year of our Lord one thousand eight hundred and thirty- six, authorize the construction of any Rail Road within twenty miles of the Rail Road so to he constructed by the Cincinnati and Charleston Rail Road Company, which shall connect any points or places on their Rail Road, or which shall run in the general direction thereof, without the consent of the said Company. * >fc 5fc * * >K * Sec. 43. That the capital stock in the said Company, the dividends thereon, and all the property and estates, real and personal, belonging to the said Corn- Exempt &om taxa- p anVj g h a ]i fa forever free from taxation, in each and every of the said States of South- Carolina, North- Carolina, Tennessee and Kentucky; and it shall not be lawful for either of the said States, or any corporate, municipal, police, or other authority thereof, or of any town, city, county, or district thereof, to impose any tax on such stock or dividends, property or estates : Provided, that the said tater!st. asmoneyat stock or dividends, when the said dividends shall exceed the legal interest of the State, may be subject to taxation by the State, in common with other money at interest, and interest thereon. Sec. 46. And the said Company shall be entitled only to such powers and powers same in four privileges as shall be granted to it by all the Legislatures incorporating it, and the powers necessary and proper to give them effect; and shall be subject to all the restrictions and disabilities which may be imposed on it by any of the Le- gislatures, by the Act of Incorporation ; so that its powers, privileges and disa- bilities may be similar in all the States of Kentucky, Tennessee, North- Carolina and South- Carolina, ACTS AND RESOLUTIONS. Sec. 47. This Act shall be inoperative and void, unless Acts for a similar v <>^ without tho J- ' concurrence of other purpose are enacted by the Legislatures of North- Carolina, Tennessee and threeStates - Kentucky. JOINT RESOLUTION— 1835. p. 50. No> 30> Declaring that the Legislature of South- Carolina regards with the deepest interest and most patriotic solicitude, the efforts which are making by citizens of this and neighboring States, to open a communication, by means of a Eail Road, from Cincinnati to Charleston; pledging the zealous and cordial co-oper- ation of the citizens of this State, and declaring that when, by surveys, the practicability of the work shall have been made evident, the Legislature will conceive it their bounden duty to aid the project by means of a public spirited and enlightened legislation ; and transmitting the resolutions to the Executives of the States of Georgia, North- Carolina, Tennessee, Kentucky, and Ohio, to be laid before their respective Legislatures. JOINT RESOLUTION— 1835. p. 50. Granting leave of absence to Mr. Solicitor Elmore to visit North- Carolina on the project. 70 ACTS AND RESOLUTIONS. LOUISVILLE, CINCINNATI AND CHARLESTON RAIL ROAD AND SOUTH-WESTERN RAIL ROAD BANK- No. 31. An Act to confer Banking Privileges on the Stockholders of the — — — Louisville, Cincinnati and Charleston Rail Road Company, on certain terms and conditions. — Passed 1836. Chap. 2. Pamph. p. 7. Sec. 1. Be it enacted, fyc. That the Rail Road Company, incorporated in the States of South Carolina, North Carolina, and Tennessee, by the name of " The Cincinnati and Charleston Rail Road Company," and in the State of Kentucky, by the name of the Louisville, Cincinnati and Charleston Rail Road Company, shall be called, and known as a body corporate, in all the States Name of Road aforesaid, by the name of The Louisville, Cincinnati and Charleston changed. Rail Road Company, and that the corporators in the said Rail Road Com , pany, shall form a separate body corporate, in deed and in law, for banking to have Banking purposes, in such of the States of South Carolina, North Carolina, Tennessee, privileges, provided _ , _ _ _ _ three states concur an d Kentucky, as shall assent hereto, and be called and known by the name of " The South-Western Rail Road Bank :" Provided, That the assent of not less than three of the said States, shall be given hereto, before the said Bank shall have corporate existence. ***** * Sec. 9. (p. 10) The President and Directors of the Bank, shall make up annually, a full statement of the affairs thereof, as they may stand on the first day of October, and also of the affairs of each of the Branches on that day, as rendered to them bv the President and Directors of such Branch, and shall Report to Govern- J L"J^t e urt^ before send one copy thereof, certified by the President and Cashier, to each of the Governors of the said States, to be laid before their respective Legislatures. Sec 10. The mother or principal Bank, shall be located at Charleston, and the said Bank mav establish Branches, or have Agencies thereof, in any State, Mother Bank at ' ° * Charleston. -vvitli the consent of the Legislature thereof. And it is hereby declared, that Agencies with the the said Bank shall not have corporate existence, unless two of the States of consent of the Le- T^other states North Carolina, Tennessee, and Kentucky, shall consent to the establishment of must consent to -^ , .. Branches therein. Branches therein. ACTS AND RESOLUTIONS. 71 Sec 25. (p. 14.) The capital of the said Bank, and all the funds thereof, t -i-i-ii r>ini/> Exempt from taxa- the shares of the Stockholders therein, and the dividends thereof, shall be tree, f Yo>eTanT P ro- and exempt from taxation of any kind, in each of the States granting the ( * uceofland3 - Charter, during the continuance thereof, except that its real estate, and its goods pledged for money lent, and its goods, the produce of its lands, may be taxed at the same rate as similar real estate and goods are taxed, in the State where the same may be situated. Sec. 26. The notes of the said Bank shall be receivable at the Treasuries Notes, redeemed in specie, receivable of the said several States, in which it is chartered, in payment of public dues, for P ubUc<1 « e3 - so long as the said Bank shall redeem its notes with specie. Sec. 28. In case the Rail Road Company shall finish the Road with a ££" C ^S£ double track, from Charleston, or the Rail Road of the South Carolina Canal io yc SS£ ure bcyond and Rail Road Company, to the Ohio river, or shall unite it, in the State of Kentucky, with some other Rail Road, which may connect it with the Ohio river, within ten years from the first day of January, 1837 ; or in case, within the same period, the Louisville, Cincinnati and Charleston Rail Road Company, shall finish the Road with a double track, from Charleston, or from the Rail Road of the South Carolina Canal and Rail Road Company, to the Southern boundary of Kentucky ; or in case the said Louisville, Cincinnati and Charleston Rail Road Company, shall, within the same period, actually expend on the said Road, the sum of twelve millions of dollars, then the said Bank shall have corporate existence for twenty-one years, after the expiration of the said ten years ; otherwise, it shall cease to have corporate existence after the expiration of the said ten years. Sec. 29. If the Legislature of the State of Kentucky, shall not, within one year from the first day of March, 1837, discharge the Rail Road Company tuckysimii be ex- n " from the obligation to make branches to the main road in that State, and the Company shall, within ten years from the 1st day of January, 1837, construct a Rail Road, with a double track from Charleston, or from the Rail Road of the South Carolina Canal and Rail Road Company, to the Southern boundary of the State of Kentucky, or to the Cumberland river, then the said Rail Road Company shall continue to exist as a body corporate, in the States of South Carolina, North Carolina, and Tennessee, with all the rights and privi- leges appertaining to it in those States, discharged from all obligation to con- struct any Rail Road in the State of Kentucky, or to have any Directors residing in that State ; and the Bank hereby chartered, shall have corporate existence in such of the States as shall assent hereto, with all the rights and privileges, and subject in all respects, to the provisions herein contained, dis- 72 ACTS AND RESOLUTIONS. charged from all obligation to establish or construct any Road in the State of Kentucky. Sec. 30. It is hereby declared, that in case the Rail Road Company shall if $3,ooo,ouo cl b V enot not, within five years, from the first day of January, 1837, have called in and contracted in five years. expended, or made contracts to the amount of three millions of dollars, for the construction of the Road, the grant of Banking privileges hereby conferred, shall cease and be revoked. In case the construction of the Road shall be if work be suspend- suspended after the Bank goes into operation, for one year, before the final completion of the Road, then this Charter shall be taken, and deemed as null two years to wind an( j vo id ; ]j U t the Bank shall, in this contingency, be allowed two years for winding up their concerns, without the privilege of doing new business. No. 32. ^ N AcT TO AMEND THE CHARTER OF THE LOUISVILLE, CINCINNATI AND Charleston Rail Road Company. — 1836. p. 42. By this the Charter is amended in three particulars : Three Directors 1. Three of the Directors shall be elected from Stockholders residing in each auaVgc? of the four States, and twelve from Stockholders at large, without regard to residence. 2. Company discharged from all obligation to construct branches of the Road KentaTy, C o S r'exten- in Kentucky, or to extend the main Road farther in the State, than from the sion beyond Lex- • inston. Southern line thereof, to Lexington. . . . .. 3. That whenever it shall be the unanimous vote of the general Directors Amount subscribed ° areUed^'to^Uoad residing in any State, requiring it, the general Board of Directors, shall apply the amount subscribed by that State, or its citizens, in the first place, to the construction of such portions of the said Road as may be within the limits of that State. And it is provided, that if Kentucky should not agree to the amendments not K ^e* y charter proposed, the Company is constituted a body politic for the other three States, Btates! according to the Acts of Incorporation, discharged from all obligation to con- struct any Road, or have any resident Directors in the State of Kentucky, or to have more than 21 general Directors, but shall be bound to extend the Road to the Southern boundary of Kentucky. ACTS AND RESOLUTIONS. 73 By Resolution 1836, p. 151, the Governor was requested to forward to the Governors of Nortli Carolina, Tennessee and Kentucky, the Acts of this Legis- lature, proposing amendments to the Charter, and conferring Banking privileges, " with the request that they will lay them before their respective Legislatures, for concurring therein." JOINT RESOLUTION— 1836. p. 129. No. 33. The Joint Committee of both Houses, to whom was referred so much of the Governor's Message as relates to the Subscription, on the part of the State of South Carolina, to the Louisville, Cincinnati and Charleston Raid Road Com- pany, beg leave to report the following Resolution : Resolved, That in case the State of Kentucky, shall agree to amend the if Kentucky should •" o agree to amend- Charter of the Louisville, Cincinnati and Charleston Rail Road Company, so ments " as to discharge the said Company from the obligation to construct branches of their Road in that State, and to have more than three resident Directors therein, it shall be the duty of the Comptroller General of this State, forthwith to comptroller Gene- ral to subscribe subscribe in the said Company, a number of Shares equal to the amount of liSp-Kao^f 10 the Surplus Revenue, which shall be received by the State as her proportion nu°e. SurpIUS Reve " of the same, under the distribution Act, passed at the last Session of Congress, A nd pay advance, and pay the advance and instalments thereon, as other Stockholders have done, or may do. But in case the State of Kentucky shall not consent to such amendment, and the States of South Carolina, North Carolina and Tennessee, not agree, and the three other States shall give corporate existence in those States, to the said Company, discharged ^ lld modify char " from all obligation to make any Road in Kentucky, or to have any Directors therein, it shall be the duty of the said Comptroller, to subscribe likewise, on Subgorip tion then this contingency, to the Stock of the said Company, so incorporated in the said three States, for a number of Shares equal to the amount of the Surplus Revenue which shall be received by this State, as her proportion of the same, under the Distribution Act, passed at the last Session of Congress : Provided' That the total amount of the Subscription, may not exceed one million of $1,000,000. dollars. 10 74 No. 34. ACTS AND RESOLUTIONS. EXTRACT FROM APPROPRIATION ACT— 1836. p. 20. comptroller to re- That the Comptroller General shall be authorized to call upon the President st e aImen°tfon scares of the Bank of the State of South Carolina, for the Instalments, as they become subscribed out of 1 i m i i »i i *» • » " r • *n rv • surplus Revenue, due, on the Shares to be subscribed for in the Louisville, Cincinnati and Charleston Rail Road Company, according to terms and conditions of the Resolutions adopted by the Legislature on the subject, during their present Session, to be paid by the said President, out of the surplus to be received from the General Government. No. 35. RESOLUTION— 1836. p. 151. Governor, from Resolved, That His Excellency, the Governor, be authorized, from the Con- pay fo^sSrve"^.' ° tingent Fund, to pay whatever amount may be wanting, beyond the sum appropriated, for effecting the surveys of the Cincinnati and Charleston Rail Road. Resolved, That as soon as the surveys of the said Road are completed, the Comptroller General is directed to credit and settle the accounts of the Com- missioners, for surveying said Road, under the direction of the Legislature. Senate concurred. Comptroller Gene- ral to settle ac- counts of Commis- sioners for Survey- ing. No. 36. RESOLUTION— 1836. p. 151. Resolved, That His Excellency, Governor Butler, of Columbia, T. Bennett, commissioners of Charleston, R. G. Mills, of Chester, D. L. Wardlaw, of Abbeville, General represent the Stock ^ of the state. Thomas F. Jones, of Laurens, and John Chesnut, of Camden, be appointed Special Commissioners, to represent the Stock, which the State of South Caro- lina has authorized the Comptroller General to subscribe for, in the Louisville, Cincinnati and Charleston Rail Road ; that a majority of the said Commissioners ACTS AND RESOLUTIONS. 75 be authorized to vote for the State, at any election or meeting of Stockholders, * . Majority may ap- or other occasion, on which a vote may be necessary; and that the said Com- point a proxy, missioners, or a majority of them, be authorized, on any such occasion, to delegate their powers to any one of their number, or to appoint an Attorney or Attorneys under them, to act as the proxy of the State. Ordered to the Senate, for concurrence. Senate concurred. JOINT RESOLUTION— 1837. p. 55. No. 37. Resolved, That the Honorable Patrick Noble, of Abbeville, C. Gr. Mem- minger, of Charleston, and Thomas Salmond, of Camden, be appointed Com- commu- missioners to represent the Stock of the State in the Louisville, Cincinnati and 310ner9 " Charleston Rail Road Company, in the place of the Hon. D. L. Wardlaw, Thomas Bennett, and John Chesnut, who have declined serving. JOINT RESOLUTION— EXTRA SESSION, June, 1838. p. 21. No. 38. Resolved, That His Excellency the G overnor, and the other Commissioners, appointed by the State, to represent her interests in the Louisville, Cincinnati ^appointap^xy! 1 and Charleston Rail Road Company, be each authorized to appoint a proxy, when he cannot attend the meetings of said Company, in person. See an Act to lend the Credit of the State, to secure any Loan which may No. 39. be made by the Louisville, Cincinnati and Charleston Rail Road Company other Acts referred and for other purposes. — 1837. ch. 13. p. 35. to " Amended, 1835. ch. 11. p. 34. 76 ACTS AND RESOLUTIONS. An Act to authorize the South Western Rail Road Bank, to establish Branches and Agencies in this State. — 1838. ch. 18. p. 42. An Act to authorize the President and Directors of the Louisville, Cincinnati and Charleston Rail Road Company, to increase the rates of Transportation on the Charleston and Hamburg Rail Road, in certain cases, and to grant cer- tain Vacant Lots in the Town of Columbia. — 1838. ch. 19. p. 42. No. 40. -^N A CT T0 AUTHORIZE A SUBSCRIPTION IN BEHALF OF THE STATE, TO THE • Sou ni- Western Rail Road Bank.— 1838. Ch. 20. p. 44. Sec. 1. Be it enacted, fyc. That the Subscription made by his Excellency suta^tfon to * ne Governor, in behalf of the State, for ten thousand Shares in the South- Bank by Governor. ^ eg £ ern j^ a y R oa k * * * Sec. 10. It shall be the duty of the President and Directors of the Bank 1 CI /• CI 1 /I 1 • 1 • • 1 Ballk t0 P r0V ' de for of the otate of oouth Carolina, to make proper provisions for the punctual interest, and return r x * i of principal. payment of the interest of such loans as may be effected upon the credit of the State, under the provisions of this Act, and also, for the ultimate payment of the principal thereof. Sec. 11. It shall be the duty of the President and Directors of the Bank of the State of South Carolina, to cause to be opened in the books of the said Bank, an account, in which they shall debit themselves with the profits arising count with Fund. out of the additional capital, created out of the two millions loan aforesaid, for the year ending on the first day of October, in the year of our Lord, one thousand eight hundred and thirty- nine, and with all the future profits of the said loan, as the same shall hereafter be annually declared; which said fund, with its annual accumulations, shall be considered solemnly pledged and set Profits pledged. apart for the payment of the interest on the said loan, and the final redemption thereof; and it shall be the duty of the President and Directors of the said Annual report to ^ Legislature. Bank, annually, to report to both Branches of the Legislature, the exact state of that fund. Sec 12. When the profits of the said Bank of the State of South Carolina, shall have paid the interest of certain Stocks, and redeemed the said Stocks, after 'redemption" of for which they have heretofore been pledged and set apart, the said profits shall f o ^ ed for ' ms also be considered solemnly pledged and set apart, for the payment of the inter- est on the said loan, and the final redemption thereof. See An Act to amend an Act for Re-building the City of Charleston. — 1838. Ch. 17. p. 40. 80 ACTS AND RESOLUTIONS. THE BANK OF THE STATE OF SOUTH CAROLINA. Extract from No. 44. "An Act to establish a Bank on behalf of, and for the benefit of the State."— 1812. p. 47. Page 51. 13th. The Directors shall keep fair and regular entries, in a book to be provided for the purpose, of their proceedings ; and on any question, when two Directors require it, the yeas and nays of the Directors voting shall be duly inserted in their minutes, and those minutes be at all times, on demand, pro- bS^SSSnT* duced to the Legislature, or any Committee thereof, who may be legally author- ized to require the same. * * * * * * * Pare 56. That the Legislature of the State shall be furnished with a general Legislature to have ° ° general statement, s t a toment of the transactions of the Bank, signed by the Cashier, and counter- signed by the President, as often as they may require the same ; and it shall also comptroller Gener- be the duty of the Comptroller General to inspect such general account, in al to inspect ac- atTreport v?oia- 45] tne books of the Bank, as often as he may please ; and it shall, and it is hereby tions to Legislature. declared to be hig duty> fai thfuHy to report all and every violation of the funda- mental rules of this corporation, to the Legislature. Provided, however, That nothing in this clause contained, shall imply a rigid of inspecting the account of any private individual or individuals, or any body politic or corporate, with the Bank. See No. 47, p. 67. ACTS AND RESOLUTIONS. 81 Extract from '' An Act to explain and amend an Act entitled ' An Act to establish a Nq Bank on behalf of and for the benefit of the State." — 1813 .p. 33. — Page 34. That from and after the passing of this Act, the Legislature shall £r esi < 1,JI1 t and 12 ° i O > to Directors to he annually elect, by joint ballot of both branches, a President and twelve Direct- blfnot! 1 by joint ors, whose services shall commence on the first day of February next ensuing such election, and continue for one year. See No. 48, p. 67. Page 35. That the Comptroller General shall be furnished, as often as he comptroller Gener. alto have state- may require, not exceeding once a month, with statements of the amount of the ments monthJ y- capital stock of the Bank, and of the debts due to the same — of the monies de- posited therein — of the notes in circulation, and of the cash in hand ; and he shall, under the injunction of secrecy, have a right to inspect all the accounts secrecy. and books of the Bank : * Provided, that this right shall not be construed to * See No , 47 _ imply a right of inspecting the account of any private individual or indivi- duals, with tlie Bank. And it shall be the duty of the said Comptroller General comptroller to i i x • i i i • f 1 t» make annual report to make an annual report to the Legislature, on the sumect 01 the Bank; and to the Legislature r © J - on Bank ; and may if, in his opinion, the transactions of the Bank, or any particular circumstance c^mmute^ofcx- iUnination. relating thereto, shall require it, he shall apply to the House for a Select Com- mittee of three Members, to be appointed, who shaU, under a like injunction of secrecy, take into consideration any matters relating to the said Bank, submitted to them by the Comptroller General, and report thereon, at their discretion, to the Legislature. That the Comptroller General for the time being, shall not be a Director, nor comptroller Gener- al not a Director or hold any office of trust or profit, in or under any Bank whatsoever. offlcer fo»»yBank, 11 82 ACTS AND RESOLUTIONS. Extract from, No. 46. "An Act to alter and amend an Act entitled 'An Act to establish a Bank on behalf of and for the benefit of the State.' " — 1817. p. 25. comptroller Gener- Sec. 2. That the Comptroller for the time being shall be, and he is hereby al to nave access to ,<• • -. <• -, ii • i ji i- • j« »u the books and authorized, whenever he may think proper, to nave access to, tor examination, accounts except VSumutf*' a ^ tne Books and Accounts of the Bank of the State, ^except the personal ledger or book in which the deposites of individuals are entered. No. 47. An Act to amend the Charter of the Bank of the State of South- Carolina— 1824. Ch. 20. p. 69. Committees of In- spection. To examine and re> ?ort: withComp- roller General. In absence ofl Comptroller Gen- eral. All clauses prohibit ing full investiga- tion, repealed. Sec. 1. Be it enacted, fyc. That there shall be appointed, at the first session of every new Legislature, by a joint resolution of both branches of the Legisla- ture, a Committee of Inspection for the principal Bank of the State of South- Carolina, in Charleston, and a Committee for each of the said Branches of said Bank. The said Committees shall respectively consist of five persons each. Sec. 2. It shall be the duty of the several Committees, with the Comptroller General, to examine minutely into the affairs and situation of the principal Bank and its Branches, for which they are respectively appointed, and to report to the Legislature, at their next session, the result thereof, and particularly all mismanagement in the affairs of the said Bank or its Branches, if any such have occurred. Sec 3. That in case the Comptroller General should not attend at any of the investigations authorized by this Act, the said Committees, or a majority of each, shall be, and they are hereby authorized to make such investigation, in the absence of the Comptroller General. Sec 4. That all clauses or parts of clauses in any Act of the General Assem- bly of this State, which may prohibit the said Committee and the Comptroller General, from investigating, fully, the books, accounts, and other documents of the said Bank or its Branches, be, and the same is hereby repealed. ACTS AND RESOLUTIONS. 83 Extracts from An Act concerning the Bank of the State of South-Carolina. — Passed No. 48. 1831. Ch. 31. p. 49. Sec. 1. That from and immediately after the passing of this Act, all Direct- Directors to take *• ° seats immediately ors who may be chosen by the Legislature, to serve in the Parent Bank, shall S5JSS5T* take their seats and become members of the said Board, as soon after the rising of the Legislature, as they shall be notified of their appointment ; and that it president to give notice. shall be the duty of the President to give the information by the earliest mode of conveyance. * * * * Sec. 5. That it shall bo the duty of the President to lay before the Legisla- f c ™t n oVeVeT rt . . , /. i • -i rv i i • »i salaried officer. ture, at every sitting, the account ot every salaned officer belonging to the Parent Bank or its Branches, shewing the amount which they owe, and how m long the same has been due. JOINT RESOLUTION— 1823. p. 116. No. 49. Resolved, That it shall be the duty of the President of the Bank of the State President to attend of South-Carolina, to attend at Columbia, during each and every session of the Legislature, for the purpose of giving such information relating to that institu- tion, as may be required of him. JOINT RESOLUTION— 1825. p. 113. No " 50 ' Resolved, That at each session of the Legislature, a Joint Committee of the committee to no- minate Directors. two Houses shall be appointed to nominate fit and suitable persons as Directors of the Bank of the State of South- Carolina ; and the names of persons recom- i 84 ACTS AND RESOLUTIONS. mended by them, shall be reported as early as possible in the session, for the consideration of the Members — at least six days before the election. Resolved, That the Committee appointed by the Legislature, to examine the state of the Bank and its Branches, shall be Members of the Joint Committee, to which such other Members of each Branch of the Legislature shall be added, as the Houses respectively shall deem expedient. Extract from No. 51. An Act to re.charter the Bank of the State of South-Carolina. - — —*-r- 1833. Ch. 17. p. 57. Charter continued That an Act entitled "An Act to establish a Bank in behalf of and for the benefit of the State," passed 19th December, 1812, and all other Acts now of force, relating to the conduct and operations of the said Bank, be, and they arc hereby re- chartered and continued of force, until the 1st day of May, in the until 1st May, 1856. y(jar rf ^ Lor( j jggg „. Kn JOINT RESOLUTION APPENDED TO REPORT— 1838. p. 117. No. 52. r Resolved, That the President and Directors of the Bank of the State of Bank to preserve at South- Carolina be authorized and requested to take such measures, as in their Sar bills of other ■•* judgment may be deemed proper, to preserve at par, throughout the State, the bills which may be issued by any Bank within its limits. ACTS AND RESOLUTIONS. 85 See Resolution as to Gen. Sumter, 1827. p. 37. Referenceg " Columbia Female Academy, - 1833. p. 12. ," Gen. M'Duffie, - - - 1837. p. 56. " Report to the Comptroller General, - - 1834. p. 2. And other Acts concerning the Bank. 1816. p. 19. 1817. p. 24. 1818. p. 43. 1818. p. 57. 1826. p. 21. 1827. p. 38. 1832. p. 8. 1837. p. 17. Surplus Revenue, Nos. 42, 33, 34. Loan to Charleston and Cincinnati Rail Road, No. 39. Subscription to South- Western Rail Road Bank, No. 40. Loan for re-building Charleston, No. 43. 1814. P- 20. 1818. P- 24. 1822. P- 44. 1830. P- 29. COMPTROLLER GENERAL. Extracts from an Act passed 1801, entitled "An Act to establish the office op Comptroller General, to provide No. 53. for the more punctual collection of taxes and debts due to the State, and for the better administration of the public revenue." — 2 Faust, p. 422. • Sec. 1. The Comptroller " shall prepare, and report at every session of the ComptroUer to re . Legislature, estimates of the public revenue and public expenditure ; and shall estimates. 08 " 3 at the same time render fair and accurate copies of all the Treasurer's monthly Copies of ^^^ reports, and a true and accurate account of the actual state of each Department port™ " yre " of the Treasury; and the books of the Treasurers of this State shall, at all Books of Treasurers seasonable times, be open to the inspection and examination of the said Comp- ° pen troller ; as shall also the books and accounts of all other person or persons And of aii others concerned in the collection or safe keeping of any of the public monies or funds uc money. of this State. 86 ACTS AND RESOLUTIONS. rlBWiwifc 1 ? ^' "^ ne sa ^ Comptroller shaH perform the duties of the Commissioner of Public Accounts, as heretofore performed by the Treasurer, at Charleston, BwMtrtOrt— M« besides the duties aforesaid prescribed, and shall reside, during the sitting of the Legislature, at Columbia. Accounts to be sent 9. "All accounts against the State, shall be transmitted to one of the Trea- reported by'comp. surers, who shall send them to the Comptroller, on or before the first day of see No. 64. October in every year; and it shall be the duty of the Comptroller to examine the said accounts, and transmit them to the Legislature, with his report, as soon as may be, after the commencement of their session. Elected by Legisia- g. " The said Comptroller shall be elected by both branches of the Legisla- commissioned. ture of this State, shall be commissioned by the Governor, for the tune being, commence ist of s h a n commence the duties of his office from the first day of March next ensuing see No. e 7iT° ye ' his election, and shall continue in office for two years from that time. Jwountifare u^S I 2 - " No former Treasurer, whose accounts have not been settled under the cligiwe. ° inspection of the Comptroller, shall be eligible to the office of Comptroller." Extracts from No. 54. An Act entitled "An Act supplementary to an Act entitled an Act for declaring the powers and duties of the enquirers, assessors, and Collectors of the Taxes, and of other persons concerned therein."— Passed 1803. 2 Faust, p. 486. comptroller to can ^ec. & P- 4 ^8. That the Comptroller General be, and he is hereby author- ofPubuTBuiTd'ings, ized and required, publicly to call upon the Commissioners in the several and report to Legis- lature. Districts throughout this State, who have received, or shall hereafter receive, see No. 79. monies for the construction and repairs of public buildings, and the Commis- seeNos. 59,64,60, sioners of Columbia, to render an account to him of the application of such monies ; which accounts shall be annually laid before the Legislature. Vide Acts 1807. p. 16; 1808. p. 15. salaries payable 30. p. 496. That it shall be the duty of the Treasurers to pay the salaries of all public officers on the civil list, quarterly, and not earlier. ACTS AND RESOLUTIONS. s7 31. p. 497. That it shall be the duty of the Treasurers, and they are hereby fig*^ jfjg directed, personally, to raise an account in the Treasurer's books, in every a PP r °P Mtlon - instance, for the several appropriations made by the Legislature, so that the see No. 64. appropriations of money, and applications thereof, conformably thereto, may appear clearly and distinctly, on the Treasury books. 12. p. 490. That it shall be the duty of the Treasurer to report to the Bag* *"** House, at their annual session, every instance of default in any Tax Collector, in CoUector - his Division, and to instruct the Attorney General, or Solicitors, respectively, to ftj^Jffigff prosecute such defaulters, as soon as any instance of default shall occur. And or3. Use means to com- E " it shall be the duty of the said Treasurers, respectively, strictly to enforce the gfgg"^ means which they are by law authorized to make use of, to compel the Tax ormanoe ° Collectors to the due performance of their duties, And any Treasurer, failing to make use of such means, he shall be held liable to make good any loss which the penalty. State shall sustain thereby. Extract from the Act to Raise Supplies por 1813. — 1813, p, 14, No 55# It shall be the duty of the Commissioners of Poor and of the Roads, in the commissioners of " Poor and Roads. several Districts and Parishes within this State, by their Secretary or Treasurer, commissioners of to render, on oath, to the Clerks of the Circuit Courts, in their respective Dis- missioned of Roads ■ to render accounts tricts, on or before the first Monday in September, in every year, a correct t0 Clerks ' account of all monies by them received, and the manner in which the same have been applied ; and it shall be the duty of the Clerks of the said Courts, cierks to Attorney General. a respectively, to transmit certified copies thereof, to the Comptroller General, to be by him laid before the Legislature. And in case the Commissioners shall He to Legislature. fail to make their returns, as required, aforesaid, *they shall respectively as a* see No. 54. Board, forfeit and pay the sum of one hundred dollars ; and the Clerks of the penalty. aforesaid Courts shall, on failure to make the aforesaid returns, also forfeit and pay the sum of one hundred dollars ; the aforesaid penalties to be recovered in any Court of Law, having competent jurisdiction, by action of debt. And it shall be the duty of the Attorney General and Solicitors, in their respective »"? solicitors to in- * » ' r quire of Clerks and Circuits, to enquire of the Clerks of the respective District Courts, whether comptwuer cener- 88 ^ ACTS AND RESOLUTIONS. — the aforesaid Commissioners of the Poor, and Commissioners of the Roads, have made their returns to the Clerks, as aforesaid, and enquire of the Comp- troller General, whether the Clerks of the respective Courts, have made the returns ahove required ; and in case the Commissioners and Clerks, as aforesaid, have not made their returns as above directed, then the Attorney General, or Solicitor, as the 'case may be, is hereby directed and required to sue for, and recover, in behalf of the State, the penalty which is by this Act declared. y. Extract from the No. 56. Act to Raise Supplies for 1818. — 1818. p. 6 >►' It shall be the duty of the Commissioners of Roads and Poor, in the several to be elected, and to Districts and Parishes in this State, at their next general meeting, to elect make returns. , ° some person as Treasurer, who shall enter into bond, with securities, to be approved by a majority of the Commissioners of each District or Parish, pay. able to the State of South Carolina, in such penal sum as the said Commis- sioners of the Roads and Poor, shall deem sufficient, for the faithful discharge of the duties of his office ; which bond shall be deposited in the Treasury of the Division in which the said Treasurers may respectively reside ; and it shall be the duty of the said Treasurers, to return to the Clerks of the Courts, in which they respectively reside, an account of all monies due to the Commis- sioners, for whom they are Treasurers, as well as an account of the receipts and expenditures, at the same time and in the same manner as the said Commissioners are now by law required : and for neglect of this duty, shall be liable to the same pains and penalties, to which the said Commissioners are now by law liable. And the said Treasurers shall, respectively, have and receive for their trouble, two and a half per cent, on all sums received, and two and a half per cent, on all sums paid away by them. ACTS AND RESOLUTIONS. 89 Extract from the Act to Raise Supplies ior 1813. — 1813. p. 16. ^ . s 7< Fines. It shall be the duty of the Attorney General, and each of the Solicitors of Attorney andSoIic . the different Circuits, to certify to the Comptroller General, on or before the tocomptroue? Gen- first Monday in October, in every year, the fines and forfeitures which have been had or inflicted % the Courts upon his Circuit, within the year, next preceding the day aforesaid ; and that it shall be the duty of each of the Clerks cJmptroUCT^ne" of the several Circuit Court Districts, to return to the Comptroller General, ra accoun ° on or before the same day, in every year, an account, upon oath, of all the fines and forfeitures inflicted, had or received within his District Court, of the manner how appropriated, or remitted, *and to pay over to the Treasurer of the State, ** tJie balance in hand on that day ; that in failure of any Clerk, to render such Penalty on cierk. account, he shall forfeit and pay the sum of two hundred dollars, to be recovered * in any Court having competent jurisdiction. And it shall be the duty of the Comptroller General, to direct the Attorney General or Solicitors, as the case S&2£5u*»gE may be, to sue for and recover the said sum, of such Clerk as shall fail to render such account. The said Attorney General or Solicitors, neglecting to perform the duty ^ ^ f cito ^ en s e ^ required by the preceding clause, they shall be subject to the penalty of one ject t0 peualty - hundred dollars, to be recovered in any Court having competent jurisdiction. See similar clauses in Acts to Raise Supplies, 1810, 1809, 1808, and clauses directing Clerks to collect Fines, and render an Account, in Acts to Raise Supplies, 1820, 1821, and 1822 : 8. Extract from the M ' Act to Raise Supplies for 1812. — 1812. p. 12. No. 58. Transient Poor. That the Comptroller General be, and he is hereby required and directed, comptroller Genc- annually to call on the Treasurer of the City Council of Charleston, to render * Fines directed to be paid to the Commissioners of Public Buildings. Act 1827. p. 34. See No. 77. 12 ' 90 ACTS AND RESOLUTIONS. appropriation for Pransient Poor. report account of an account, on oath, of the application of such monies as are appropriated for the Transient Poor, and for other purposes, and that the account, so rendered, be laid before the Legislature. ^* See similar clause in Acts to Raise Supplies, for many years preceding 1812, and clauses in late Appropriation Acts, requiring an account from the City Council of Charleston, to the Legislature, and similar clauses concern- ing the Appropriations of the Transient Poor of Georgetown, requiring accounts to be rendered to the Legislature, by the Commissioners of the Poor for Prince George, Winy aw. No. 59. Extract from, Act to Raise Supplies fob 1818. — 1818. p. 5. Debts of State. Treasurers, Attor- ney General and So- licitors, and others, to report to Comp- troller General, all debts due to State. Comptroller Gene- ral to report general statement to Legis- lature. • See No. 64. Penalty on Officers. It shall be the duty of the Treasurers of the Upper and Lower Divisions, the Attorney General, the Solicitors, the Commissioners of Columbia, and every other person having in his possession the evidence of any debt due to the State, on the first day of October in every year, to furnish the Comptroller General with a statement of all debts due to the State, in their several possessions, shewing the names of the debtors, the amount of debt, the interest, the pay- ments made, and the balance due to the State : from which statements, as well as any other information he can obtain, it shall be the duty of the Comptroller General to make a general statement, shewing alimonies due to the State, (except the old bonds given for confiscated property,) and lay the same before the Legislature, with his annual report : and should either of the officers above mentioned, fail to furnish the Attorney General with the statement above required, he shall forfeit and pay the sum of two hundred dollars, to be reco- vered by action, in any Court of Law in this State, having competent juris- diction. ACTS AND RESOLUTIONS. 91 JOINT RESOLUTION— 1826. p. 46. No. 60. Resolved, That it be required of the Comptroller General, to report, annu- comptroller Gene- L ral to report all de- ally, to this House, all Public Officers, Commissioners, and other persons who faulting receivers. may have received, on behalf and in the name of the State, any monies or evidences of debts, &c, and not accounted therefor, to his satisfaction, before gee64)59)61 . the meeting of the Legislature, to the end that such proceeding, by way of impeachment or prosecution, as circumstances may require, may be had therein, without delay. JOINT RESOLUTION— 1827. p. 42. No 61 The Special Joint Committee of this House, appointed at the last Session of the Legislature, who were directed to inquire into the propriety and expediency of making such alterations in the duties of Comptroller General, as may be adapted to the better and more economical collection and disbursements of the revenue of the State, beg leave to report the following Resolutions. 1. Resolved, That it shall be the duty of the Comptroller General, to present comptroller to re- to the Legislature, at every Session, a scheme of Revenue for the ensuing year; Rmnue! and to suggest all such means in the collection and disbursements of the reve- nue, as may increase the amount to be raised, and diminish the expenses of collection. 2. Resolved, That all the public officers, corporations and other persons, see No. 64. charged with the receipt and expenditure of public money, do return their accounts and vouchers to the Comptroller General, on or before the first day of November, annually. And that it shall be his duty to accompany his annual Su?^ officers, cor'- reports, with a statement of all public officers, corporations, and other persons who make default in the returns herein required. 3. Resolved, That no account shall hereafter be submitted to the Committee Audit ^.j report of Accounts, unless it shall be duly audited and reported by the Comptroller StmuM. General. 4. Resolved, That the Contingent Accounts of the Lower Division, acted „ „ ° ' Contingent ac- upon by the Legislature, shall be filed in the Comptroller's Office, in Columbia. £&■. L ° Wer 92 ACTS AND RESOLUTIONS. system of Book- 5. Resolved, That the Comptroller General be authorized and directed, to establish such a system of Book Keeping, in the Treasuries of the Upper and Lower Divisions, and to designate such forms of their monthly reports, as he shall deem necessary. 6. Resolved, That the Comptroller General be directed to accompany his Report Balance '■' * sheets. annual reports to the Legislature, with" an accurate balance sheet of all specific appropriations made by the Legislature, with such remarks as are necessary to explain the same. And that he be also directed to report, at each session of see No. 64. the Legislature, for the use of its Committees, balance sheets of the several accounts opened in the Treasury, or in his Department, under each of the fol- lowing heads, viz : — Free Schools, Annuities and Pensions, Public Buildings, Internal Improvements. Treasurers to fur- 7. Resolved, That the Treasuries of the Upper and Lower Divisions, be scnp , c. ^ected, f rom time to time, to furnish the Comptroller General with such tran- scripts and statements of accounts, as he may require. toeswere'couected ^' R eso ^ ve ^> That the Comptroller General be directed, in his annual report of taxes collected, to designate the years for which the same may have been collected. No# 62 JOINT RESOLUTION— 1829. p. 25. The Special Committee, to whom was referred the report of the Comptroller General, founded on a resolution of the Senate, in relation to the apparent decrease of slaves, and the amount of tax on slaves, for the years 1825 and 1826, report: That from the Comptroller's exhibits, it would appear, that in 1825 and 1826, a diminution in the number of slaves, of 33,856, and in the amount of tax on that description of property, of $25,397 25 cents, had occurred. In the years alluded to, the whole tax on slaves was not placed in the appropriate column, but a part was blended with the aggregate of taxes, and the slaves in the Districts in which their owners did not live, were not mentioned. Hence, although the State seems to have been credited with the full tax due by our citizens, for those years, yet, without the explanation afforded by the Comp- ACTS AND RESOLUTIONS. 93 troller, in bis late annual exhibit, and in the report referred to your Committee, the conclusion would have been inevitable that the State had actually sustained the loss already adverted to. With a view to a more correct exposition of the taxable property in the various sections of the State, your Committee beg leave to recommend, that the Comptroller be requested so to shape his reports hereafter, as that the number shape of report as to number of slaves. of slaves in each Parish or District, and the amount of tax on slaves, for which such Parish or District is liable, may be correctly ascertained. JOINT RESOLUTION— 1829. p. 52. No. 63. Resolved, That the Comptroller General be, and he is hereby required, to use comptroller Gener- r j i al to coUect bal . all legal measures to recover the balances due to the State, by the past and Kre'sheriil ^a present Tax Collectors, Sheriffs, and Coroners, except in cases in which the said Comptroller shall be satisfied that a recovery is impossible, cither by the insol- vency of the parties and their securities, or otherwise. ACTS OP 1834. Ch. 21. p. 49. An Act to regulate the office of Comptroller General. pj 0> 64# Sec. 1. Be it enacted, fyc. That the Comptroller General shall hereafter Books to be kept by •i nti i -i • • i Comptroller. keep a set of books, exhibiting the separate transactions of the Treasury Depart- ment, which set of books will be a transcript of the books of the two Treasuries, combined in one digested set, constituting a complete check upon those offices. Sec. 2. The Comptroller General, in addition to the exhibits of cash trans- actions of the Treasuries, shall annually report to the Legislature a balance ^*{£ rtbaIancc sheet of the books aforesaid, setting forth, as well by whom debts are due to the State, as the amount of those debts. 94 ACTS AND RESOLUTIONS. Book for appropria- Sec. 3. It shall also be bis duty to keep a book, in which all appropriations by the Legislature shall be entered, with all the payments made under them ; tElkmSJS*?** an( ^ *° k ee P another book, properly indexed, in which he shall enter all contin- gent accounts, allowed by the Legislature, and the time at which payment on See No. 54. the same shall be made. Disbursement of Sec. 4. That all persons having the distribution of the public money, shall public money : x ° *port 6 to ed comp? annually, on the first day of October, in each and every year, render to the s r e°e No's. 59, 60, 6i. Comptroller General an account, setting forth the funds committed to them, respectively, and its expenditure, and the Comptroller General shall examine He to Legislature: the same, and report thereon to the Legislature ; and it shall also be the duty of Ana keep proper the Comptroller General, to enter into books kept for that purpose, such a accounts. . , . w • • i i « • i statement of their accounts, respectively, as will enable him at any time to shew how said accounts stand between the parties, respectively. contingent accounts Sec. 5. Every contingent account against the State, shall hereafter be pre- comptroiier Gener- sented at the Comptroller General's office, in Columbia or Charleston, on or al, examined and re- • ported. before the first day of October, in each year ; and it shall be his duty to examine the same, and report thereon to the Legislature, at its next sitting ; and no such account shall be considered or acted on by the Legislature, before it has been examined and reported on by the Comptroller General ; and as a compensation for the additional duties required by this Act, he shall be entitled to receive five salary increased, hundred dollars, in addition to the salary to which he is now entitled by law. SUPERINTENDENT OF PUBLIC WORKS. Extract from No. 65. "An Act concerning the Public Works." — 1829. p. 14, superintendent to Sec. 1. That the Superintendent of Public Works, elected at the present enter on duties 1st x ' Feb. and continue gegs i on f the Legislature, shall continue in office until the first day of February, in the year of our Lord one thousand eight hundred and thirty- one; and each Superintendent thereafter elected, shall enter upon the duties of his office on the first day of February succeeding his election, and continue in office one year. ACTS AND RESOLUTIONS. 95 ACTS 1830. p. 23. Sec. 3. That the Superintendent of Public Works be authorized and required to repair roads and *■ x canals, from tolls, to keep the several Canals and Turnpike Eoads in good repair, and to defray w"tho°ut e Snctio% the expenses thereof out of the State tolls : Provided, that no contract for such egis a ure ' repairs, to exceed the amount of the toll, shall at any time be made, without having been first submitted to, and sanctioned by the Legislature. Extract from Appropriation Act — 1824. p. 14. No. 66. That hereafter, no Superintendent of Public Works, Commissioners or Agents No contract by sn- '.- * ° penntendent, Cora- of the State, shall enter into or make any contract for the performance of any ttmSSStSfgS^ work or service, authorized by the Legislature, by which to bind the State for the payment of any greater sum of money than such sum as may be appropriated by the same, for the specific purpose for which such contract is made. And if any such contract shall hereafter be made, the same is hereby declared null and void; nuu and void. and the Superintendent or Commissioners so making such contrftt, shall (as the case may be) be liable to answer to the party with whom such contract is made, for any damage sustained by reason thereof. Damage. See Acts 1822. p. 19; 1828./). 24; 1829. p. 14; 1830. p. 23; 1833. p 46. A Resolution, 1829, p. 39, directing a full and important report to the Legislature, at its next session. A Resolution, 1826, p. 44, directs an annual return to the Comptroller, by Return to corop the Superintendent, of the amount expended in the past year, on internal improvements. JOINT RESOLUTION— 1827. p. 66. No. 67. Resolved, That in future, the Superintendent of Public Works shall not be No «»<««* with . Member of Legisla- authorized to contract with any Member of the Legislature. ture - 96 ACTS AND RESOLUTIONS. LUNATIC ASYLUM. Extracts from No. 68. "An Act to carry into operation the Lunatic Asylum." — Passed 1827. Ch. 9. p. 35. Nine Regents to be Sec. 1. That there shall be elected, by both branches of the Legislature, nine elected for G years. ' * _ ° Regents of the Lunatic Asylum, who shall hold their offices for six years from the day of election, except those who shall be first elected, who shall go out of office according to a ballot, to be drawn by the Speaker of the House and President of the Senate, and reported to the Legislature, in the following order, viz : The three Regents whose names are first drawn, to go out of office at the end of two years from the day of election; the three Regents whose names shall be next drawn, shall go out of office at the end of four years from the day of election ; and the remaining Regents shall go out of office at the end of six years from the day of election. The Regents shall be re-eligible. A vacancy in the vacancy ailed. Regency shall be filled by the other Regents, till the next regular Legislative election. Sec. 4. It shall be the duty of the Regents, hereby directed to be appointed, toL r S I atoe n " aUy *° report annually to the Legislature, the state and condition of the Institution, fully and particularly ; and they shall also annually report to the Comptroller Gener°ai? omptroUer General, the amount of income of said Institution, and the amount of expendi- tures, and the items thereof. No. 69. ACT 1829. Ch. 4. p. 15. Transient pauper a™ 2. Transient Paupers, Lunatics, Idiots, or Epileptics, sent to the Asylum, patients to be sup* ^-w i / j. j- ported by state. ^ virtue of tlie ^fa/fa^ i awS; shall be supported at the public expense ; and the Regents are hereby authorized to draw from the Treasury, for every such Lunatic, *eighty dollars per annum, until the Regents shall have ascertained ACTS AND RESOLUTIONS 97 the former permanent domicil of such Lunatic, when they shall be supported by the District to which he or they shall belong. And it shall be the duty of the Regents to report _ - . . them specially. Regents to report specially, to every Legislature, the whole number of this class of Lunatics, Idiots, or Epileptics, while they remain a charge upon the public Treasury. * Act 1831, ch. 38, p. 54. Requires the Commissioners of the Poor of each District to send re- * - 1 sident pauper pa- District, to send their resident pauper idiots, &c, to the Asylum, and support tiente - them there, at the charge of the District, at the rate of one hundred dollars per annum. Sec. 2. Requires transient pauper idiots, &c, sent to the Asylum, to be supported at the public charge, and authorizes the Regents to draw for the support of every such pauper, from the Treasury, at the rate of one hundred #100. dollars per annum, until the Regents shall have ascertained the domicil of such pauper, when the District or Parish shall be charged with such support ; with a right of appeal on the part of the Commissioners, adjudged by the Regents to Right of appea i. be chargeable, to the Court of Sessions; the Solicitor to defend the interests of the State. See Report, 1833. p. 30. FIRE PROOF BUILDING IN CHARLESTON. Extract from Appropriation Act — 1828. p. 11. No. 70. That the Commissioners of Public Buildings, for Charleston District, be, and commissioners of they are hereby authorized, to rent out such of the rooms m the Fire Proof ren b t!° BuUdmss t0 Building, as may not be required for public uses : Provided, It be done upon such terms as will preclude the use of fire or candle light, upon any occasion, in said building; and that the said Commissioners shall apply the proceeds of said 13 98 ACTS AND RESOLUTIONS. Apply to repairs, rents to the keeping of said building in repair, and render an annual account to Legfeiature! )Ullt to tne Legislature, of their receipts and expenditures, and of the specific objects to which they may have applied the monies received. See Resolutions 1822. p. 102. 1827. p. 44. 1837. p. 54. Act 1826. p. 13, And Appropriation for 1833, and since, of Salary for Superintendent. PUBLIC OFFICERS. No. 71. ACT 1787. P. L. p. 427. Sec. 3. No officer heretofore elected, or hereafter to be elected, to any pecu- office above 4150, niary office in this State, above £150, shall hold anv other office of emolument, not to be held with " ' ' j > another. un( j er tn i Sj or tne United States. No< w ACT 1789. P. L. p. 475. An Act to prevent persons holding certain offices of emolument from leaving the state. " It shall not be lawful for any Judge, Attorney General, Commissioner of the Treasury, Auditor, Collector of the Customs, Register of Mesne Convey- ance, Secretary of State, or Surveyor General, to leave this State without permission first had and obtained from" the Governor: a violation incurs a forfeiture of office ; leave to be granted by the Governor, in case of sickness, and for no other purpose. * ACTS AND RESOLUTIONS. 99 ACT 1791. 1 Faust, p. 168. a « That the Act entitled " An Act to prevent persons holding certain offices, from leaving the State," be, and the same is hereby repealed, as far as it totally Act of m* repeal- prohibits the persons therein mentioned from leaving the State, without permis- sion first obtained from the Governor of the State; and such officers shall be, °^f ^s^to and are hereby authorized and permitted, at proper times, when the same can pwmission/forterm . . of 30 days. be done without prejudice to the interest of the State, to leave the State, with- out such permission first obtained, for any space of time not exceeding thirty days ; and when the said officers shall be desirous of leaving the State for longer time, they shall apply to His Excellency the Governor, for permission to do so; JSSSm^SJ? and he is hereby empowered to grant permission for such reasonable absence as cause. ' may be consistent with the public interest, on account of sickness, or any other proper cause suggested by applicant. ACT 1791. 1 Faust, p. 155. No. 73. That every Inquirer, Assessor, and Collector of Taxes, shall hold his office Assessors, &e. to J See Act 1828, p. 12. increased, each by the sum of two hundred dollars. Sec. 6. That an Act entitled "An Act to provide for the repairing of Court Houses and Jails in this State," passed on the nineteenth day of December* in the year of our Lord one thousand eight hundred and twenty- seven, autho- rizing and requiring the Commissioners of Public Buildings, to keep in repair and superintend the Court Houses and Jails of their respective Districts, be so amended as to authorize and require the said Commissioners, in their respective Districts, also to superintend and keep in repair, the interior of the commissioners to several offices of the aforesaid District Officers; and to cause to be constructed tcrior of offices. and placed therein, and kept in repair, suitable fixtures or cases, for the recep- provide fixtures. tion and preservation of the Records, Books, and other papers appertaining and * Clerks, Sheriffs, Ordinaries, Master, Commissioners and Registers in Equity. 104 ACTS AND RESOLUTION'S. ^ belonging to said offices, respectively ; and to cause to be erected, and kept in out buildings and repair, such out buildings and fences, on the Jail and Court House lots, as they may respectively deem necessary, for the use and convenience of the Sheriffs, or Jailors, residing in said Jails respectively, or for the protection of said Jails and Court Houses ; and to cause to be made out and completed, such Kecords fs court may Sdt! and Books, in the several offices named in the first section of this Act, in their respective Districts, as may be directed and ordered by the said Court of Com- mon Pleas and General Sessions, whose duty it shall be, from time to time, to give such directions, and make such orders, as may be necessary for the completion of the Records and Books in said offices respectively. COMMISSIONERS TO APPROVE SECURITIES TO BONDS OF PUBLIC OFFICERS. No. 81. An Act concerning the Office of Sheriff — Passed 1795. 2 Fa,ust, p 8. m r Appoints Commissioners in each of the Circuit Court Districts then existing, commissioners to " To approve of the securities which may be offered by the Sheriffs hereafter approve security. m to be elected or appointed ; and the said Commissioners, or any three of them, Power to determine respectively, are hereby vested with full power to judge and determine on the sufficiency of the securities which may be offered by the Sheriffs, respectively ; and the better to enable them to discharge that dutv, to administer, on oath, to To administer on ° •" oath * each of the securities who may be offered, that he is worth, over and above his debts, the sum for which he offers himself as security : Provided, also, That in case any of the said Commissioners shall depart this State, die, resign, or Governor to mi va- refuse to serve, the Governor of the State shall fill up the vacancy occasioned cancy. thereby, until the next meeting of the Legislature. acts and resolutions. 105 An Act to revise and amend "An Act entitled An Act, to estab- lish an uniform and more convenient system of judicature." 1799' 2. Faust, p. 262. Directs, " That the Sheriffs of the Districts aforesaid, shall give security, to be approved of by Commissioners for that purpose, to be appointed by the be!3K by the Legislature, iu manner and form as in and by" the above Act of 1799. An Act limiting the term of Service of certain Officers who have No. 82. heretofore held their offices during good behaviour, and for "" OTHER PURPOSES, THEREIN MENTIONED. PaSSed 1812. p. 35. Directs as to the Attorney General, Solicitors, Tax Collectors, Ordinaries, Clerks, Registers, and Commissioners of the Courts of Equity, that bonds be given; And that such bonds be taken in the several Districts throughout this State, Bonds to be taken t • t m by Commissioners. respectively, by the Commissioners appointed to take bonds and securities from the Sheriffs of the several Districts of said State, and be transmitted by the Transmitted to * Comptroller Gene- Commissioners aforesaid, to the Comptroller General, to be by him deposited in raL the Treasurer's Office of the Upper Division, when they relate to the Upper Deposited in Treas- *■>■ ' v L L urer's office. Division ; and when relating to the Lower Division, to be deposited in the Treasurer's Office, in Charleston, An Act Explanatory. — Passed 1814. p. 52. Directs, " That the Comptroller General be. and he is hereby authorized, to comptroller Gene- * ' J ' ral to approve secu- approve of the security hereafter to be given by the Attorney Geeneral and Genlraiand'souc? Solicitors, respectively." tors ' And that every Register and Commissioner in Equity give bond, 14 106 ACTS AND RESOLUTIONS. Bond of commis- « To be taken, and securities approved of, by such Commissioners as are or sioners in Equity, to • * . missioned sher- sna ^ be appointed to approve the securities of the Sheriff of the Circuit Court District, in which the Register and Commissioner aforesaid shall respectively reside." See Act directing annual examination of Bonds — 1819. p. 42. and Act fixing form of Bonds — 1829. p. 21. CORONERS. ACTS J 821. p. 23. No. 83. An Act to regulate the Appointment of Coroners. AmSESfte be When any vacancy shall happen in the office of Coroner, for any of the iution. by jomt reso " Circuit Court Districts of this State, the same shall be filled by a joint resolu- tion of the Senate and House of Representatives, in the same manner as Justices of the Peace and Quorum, are now appointed. vacancy in recess to Whenever any vacancy shall occur in the said office, by death, resignation, or# or otherwise, during the recess of the Legislature, the same shall be filled by the appointment of the G-overnor and Commander-in-Chief; which appoint, ment shall continue until the end of the next Session of the Legislature, and until a successor shall be appointed. Bond to be given. Every Coroner shall, before entering upon the duties of his office, give bond, with sufficient security, to the State of South Carolina, in the sum of two thousand dollars, except the Coroner for Charleston District, who shall give bond in three thousand dollars, for the faithful discharge of the duties of his office, which bond shall be lodged, after being approved of as Sheriff's bonds are, in the Office of the Treasurer of the Upper or Lower Division. shaii continue four All Coroners appointed by the Legislature, shall continue in office for four years, and until sue- . oessor enter. years, and until a successor shall be appointed, and enter upon the duties of his office. ACTS AND RESOLUTIONS. 107 It shall be the duty of the Governor, whenever any person appointed to the commissioned by office of Coroner, shall have given bond, as herein before directed, to commis ■ sion such person, according to the provisions of this Act. No Coroner shall hereafter act as Jailer, Deputy Sheriff, or hold any appoint- shaii not act as * " J rr Jailor or Depnty ment under the Sheriff of the District ; and in case any Coroner shall accept sheriff. of any appointment from the Sheriff of his District, bis office of Coroner shall office vacated upon violation. be vacated, and the Governor may fill the vacancy upon application ; and the appointment so made by the Executive, shall continue in force, until another appointment shall be made by the Legislature. The several Coroners shall have power to commit prisoners in their custody, p ° wer *° «> mmit A r •" prisoners to Jail. to the common Jails of the several Districts respectively, and all power neces- sary to carry this provision into effect, is hereby given to the Coroners. See Act 1827. p. 65, authorizing the appointment, by any Judge, of a person to act, in the service of process, as Coroner. Act 1825. p. 67. to give to the Coroner a room in the Jail, for confinement of his prisoners, Acts 2. F. pp. 150. 216.; P. L. pp. 8. 3. 59.; 1 Faust, p. 14, allowing Justice of Peace, (if no Coroner within 20 miles,) to take inquest and receive the fees. ESCHEATORS. ACTS 1834. p. 15. No. 84. An Act to amend an Act, entitled "An Act to appoint Escheators and to regulate escheats." The Escheators for the Districts of this State, respectively, shall be hereafter Escheators. L * Appointed by joint appointed by joint resolution of the Senate and House of ^Representatives, resolution - shall continue in office four years, and until successors be appointed; and shall, continue four years 108 ACTS AND RESOLUTIONS. Give bond. severally, give a bond, with three good and sufficient sureties, in the penal sum of two thousand dollars, in the form prescribed by the Act, entitled "An Act concerning the Bonds of Public Officers." Provided, That nothing in this to§ies. of corporate Act shall impair the right of bodies corporate or politic, to nominate and appoint Escheators, in relation to any estate that has been, or may be ceded to such bodies corporate or politic. See Act 1805. p. 95, authorizing a Corporate Body to appoint an Es- cheator, in relation to property ceded to such body, by the State ; wJw on giving bond, shall be commissioned, with limited power, and execute his office in proper person, and not by Deputy. See an Act to appoint Escheators, and regulate Escheats. — Pub. Laws, p. 428. ' JUSTICES OF PEACE, &c. No. 85. ACT 1799. 2 Faust, p. 259. Every appointment of Justices of the Quorum and of the Peace, hereafter continue four years to be made, shall continue for four years, and from thence, for thirty days after the end of the Session of the Legislature, at, during, or next after the •see No. 87.' time of which such appointment shall expire.* No. 86. 2 *** P' 262 ' Elected or appoint- Justices of the Quorum, and of the Peace, shall in future be elected or ed as heretofore. . appointed by the Legislature, as heretofore. K< ACTS AND RESOLUTIONS. ACTS 1819. p. 16. 109 No. 87. All Justices of the Quorum and Justices of the Peace, shall take the several ™j* °»tn before oaths of office required by the Constitution, and Laws of this State, before the Clerk of the Court of Sessions and Common Pleas, for the District in which such Justice shall be appointed, within ninety days after such appointment, and not after. Each Clerk shall, on or before the first day of November, in each year, record, mitroi/to^secreta^ in his office, a true list of the Justices who shall have so qualified before him, and shall, within the said time, transmit a true copy thereof to the office of Secretary of State, who shall make a record thereof. ry of State. ACTS 1820. p. 6. All Justices of the Peace and Quorum, shall be allowed to qualify at any ftnaitfy within 90 ' i J J days, or before the time within ninety days, or previous to the adjournment of the first Court of STcwST* ° f the Common Pleas, to be held in the District for which such appointment is made. ACTS 1821. p. 21. There shall not, at any time after the passing of this Act, be appointed to any Parish, or County, or District hereinafter mentioned, any greater number of Justices of the Quorum, or of the Peace, than is hereinafter particularly specified, that is to say : No. 88. St. Philip's and St. Michael's, St. Andrew's, All Saints, Christ Church, Quorum. Peace. 28 40 - 6 1 10 8 - 5 5 Number of Justices for each District or Parish. ■/ 110 ACTS AND RESOLUTIONS. St. Bartholomew's, St. Helena, Horry, *St. George, Dorchester, St. John's Colleton, St. James, Goose Creek, St. John's, Berkley, St. James, Santee, St. Luke's, Marion, St. Peter's St. Stephen's, St. Paul's, Prince George, Winyaw, Williamsburg, Prince William, St. Matthew's, St. Thomas and St. Dennis, Abbeville, Barnwell, Chesterfield, Clarendon, . - ^ Claremont, Chester, Darlington, Edgefield, - *Fairfield, Greenville, - Kershaw, Lexington, - Lancaster, *Laurens, - Marlborough, Newberry, - Pendleton, Orange Parish, Richland, Spartanburg, Quorum. 9 Peace. 16 - 11 8 8 10 - 9 8 8 7 - 7 12 6 8 - 6 7 6 9 - 13 11 6 10 - 3 3 3 9 - 13 15 16 15 - 10 6 8 5 - 3 3 23 27 - 23 23 5 15 - 10 17 10 15 - 14 24 9 16 - 27 23 12 24 - 17 29 7 23 - 8 16 9 18 - 14 31 8 13 - 12 22 23 46 - 10 15 10 15 - 17 28 ACTS AND RESOLUTIONS. HI Quorum. Peace. Salem, 8 12 Union, - - - - - - 15 25 York, 14 25 * Altered by Act 1832. p. 50, as follows : Quorum. Peace. Laurens, 5 additional 5 additional. Fairfield, ■ 5 5 St. George, Dorchester, 3 3 less. ACTS— 1827. p. 61. No _ 89# For St. Philip's and St. Michael's, eight Justices of the Quorum shall be ^gfpwif^i appointed by joint ballot of both Branches of the Legislature, who shall con- fju'niffiiHiii'L .. . to continue four tinue m office four years, and until a new appointment shall be made by the y ears - Legislature, to whom shall be assigned exclusive jurisdiction in all small and jurisdiction. mean causes within the same : Provided, That six of the said Magistrates shall six in Charleston, always be residents in the City of Charleston, and the other two, residents of and2on the other parts of the said Parishes. See also Acts 1836. p. 129. 112 ACTS AND RESOLUTIONS. ACCOUNTS, FEES, &c. No. 90. JOINT RESOLUTION— 1807. p. 80. Number of Guard. Resolved, That in the removal of prisoners from one District to another, where a guard may be necessary, that the number of men ordered for that service, shall not exceed more than three for any number of prisoners not exceeding six, and for every three prisoners above six, an addition of one man as a guard ; for which service, the said guard shall be paid one dollar and fifty cents per day, if acting as horsemen, and one dollar per day, if as infantry, in lieu of all expenses ; and if attended by a Sheriff, or his Deputy, he shall be considered as one of said guard, and not entitled to any other compensation, except the maintenance of the prisoners, which shall not exceed 50 cents per day, and 50 cents per day for horse hire, if conveyed on horse back. Resolved, also, That the Legislature ought not to make provision for the payment of guards, unless the name of every person acting as such, is men- tioned in the account preferred against the State. Names of Guard No. 91. EXTRACT OF A REPORT, ADOPTED 1816. p. 125. The Committee of Accounts, beg leave to observe, that from the vague and indefinite manner accounts against this State are usually attested, certified, and rendered in to the Treasurers at Charleston and Columbia, and also to the Committee on Public Accounts, while the House is sitting, they are induced to believe, that many errors may have been committed, and frauds practised upon the public, in consequence thereof; they, therefore, with deference, submit, whether it would not be proper to enter into the following Eesolves, viz : Accounts. Resolved, That in future, all accounts exhibited against this State, shall charges clearly de- have every charge therein clearly defined, and shall be presented on or before the first day of November next ; and also, on or before the first day of Novem- ber in every succeeding year, to the Treasurers, either at Columbia or at CJiarleston, wJwse duty it shall be to audit the same, make their remarks on each, and lay them before the Legislature, on the first day of their meeting thereafter. See No. 61. ACTS AND RESOLUTIONS. 113 Resolved, That in future, all accounts exhibited against this State, shall be certified by known • ' ° officers. certified by such oflicers only as are known in law, and who directed the respective duties and services to be performed for the public; and said accounts shall also be attested, which attestation shall be subscribed to by the parties making the Attested in form. demands, and to be as follows : District, ) ) Personally appeared, [the party's name] before me, [the Magistrate's name] who, after being duly sworn upon the Holy Evangelists of Almighty Grod, (or affirm, as the case may be,) and saith that the above (or within) account of dollars and cents, is truly and justly due him from the State of South- Carolina, and that he has never received any part thereon, either by discount or otherwise, directly, or indirectly. Witness my hand. A. B. Sworn before me, this day of . ) C. D., Justice of the Peace. } Resolved, That in future, all accounts against this]State, that are not deliv- ered in, and authenticated, in the manner prescribed by the above resolutions, Not provided for otherwise. shall not be provided for in the tax bill of that year. Extract from- the Appropriation Act — October, 1823. p. 28. No 92# Sec. 12. That from and after the passing of this Act, no Magistrate shall !SS5i«2?«S receive any fees whatever, in criminal cases, from the State, unless the whole tmaStVaX* proceedings shall have been returned to the Clerk of the Court ; and unless bills of indictment be preferred, or the proceedings stopped at the instance of the State. Provided, That nothing herein contained, shall extend to the fees which JSS! in trial of any Magistrate or Constable may be entitled to, in the trial of any slave or person of color. 15 114 ACTS AND RESOLUTIONS. Extract of the No. 93. Appropriation Act — October, 1827. p. 13. cierk, sheriff, or Sec. 7. That after the passing of this Act, no Clerk of the Court, Sheriff or ^io^houtoath Jailer, shall be entitled to receive any fees from the State, in any criminal case, charge for inability, where the defendant shall be convicted, unless they make oath that such defend- ant has been discharged, from inability to pay costs. sS nt or di jau!r ^ec. $• ^ nat no Sheriff or Jailer shall be entitled to fees for dieting prison- Sit!' anT^reiease- ers, unless they forward with their accounts the commitments and releasements ments. of the Magistrates. For Fee Bills, see Acts 1791. 1. Faust, p. 3; 1827. p. 55. PRINTING OF RESOLUTIONS CONCERNING GENERAL ELECTIONS. No. 94. RESOLUTION— 1830. p. 34. Directs, concerning the Resolutions in relation to General Elections : with Acts. 1st. That the said Kesolutions be printed with the Acts of the Legislature, and attached to the same, one paper in char- 2d. That they be published in one of the Charleston papers, at the usual time of giving notice of the General Elections. 3d. That in each other District, where a Gazette is published, so much of the said Resolutions as relates to the District in which the Gazette is published, shall be published in the same, the usual length of time before the election ; but in no instance shall the publication be in more than one Gazette in each District. So much as relates to other Districts. ACTS AND RESOLUTIONS. 115 RESOLUTION— 1837. p. 57. Resolved, That Managers of Elections throughout the State be restrained Not more than from publishing notice of Elections, in the newspapers, more than twice a week twice » week for one for one month, and on the days of Election. RESOLUTION— 1838. p. 161. Resolved, That Managers of Elections for the Parishes of St, Philip and St. Michael, be restrained from publishing notice of Elections, in more than one of 0nIy one pa ^ the newspapers of the city of Charleston ; and that the publication shall be made in conformity with the Resolutions heretofore adopted by this Legislature, for which service the proprietor of said paper shall be paid the sum of fifty dollars, for $50. Resolved, That in each other District, where a Gazette is published, the proprietor thereof shall receive the sum of twelve dollars and fifty cents, for $12 50 in other Dis- publishing so much of the notice of Elections, as relates to the District in which said Gazette is published. PRINTING. REPORT ADOPTED— 1838. p. 145. No 95 The Joint Committee, to whom was referred the report of the Librarian, submitting the proposals made for the public printing, have had the same under consideration, and recommend that the proposals of A. H. & W. F. Pemberton be accepted. That a Reporter be appointed by each House, to prepare an g«^ ter for eaoh accurate statement of the daily proceedings, which shall be printed and laid on D[lt y- the tables of the Members, on the following day, for which the Printer shall be 116 ACTS AND RESOLUTIONS. salary. paid ($25) twenty-five dollars, as heretofore. That the Exporters be paid the sum of ($150) one hundred and fifty dollars each, for each session, and that the pay of one of them be deducted from the pay of the Printer ; and that the addi- tional Reporter required, be otherwise provided for. And that it shall be the index to Acts and duty of the Reporters to make an Alphabetical Index to the Acts and Resolu- Resolutions. . tions of the Legislature, at the close of each session, to be published with the pamphlet edition, by the public Printer. See Resolution, 1836, p. 129, directing the printing of the Journals, daily. No 9g JOINT RESOLUTION— 1826. p. 43. Resolved, That the Clerk of the House of Representatives, and the Clerk of printed. the Senate, shall cause to be printed, with the Acts, besides the Reports and Resolutions which have passed both Branches of the Legislature, all such Re- ports and Resolutions, which have been adopted by either Branch, and do not Certain resolutions ., .,, ,, . , , , , , of one House. require the concurrence of the other, as require any enquiry to be made, or duty to be performed, by any Member of the Legislature, or other public officer. See Appropriation Acts, requiring the Printing of the Acts, Journals of both Houses, Reports and Resolutions agreed to, the Governor's Message, Reports of the President of the Bank, and of the Comptroller General, with the usual accompanying documents. ACTS AND RESOLUTIONS. 117 PENSIONS. Extracts from An Act to authorize the Treasurers to pay certain persons therein No. 97. MENTIONED, THEIR ANNUITIES, AND REGULATING THE PAYMENT OF AnnUI- tants. — 2 Faust, 311. Page 312. That the Treasurers be, and they are hereby authorized and re- 2HJ"JJ x£x 'en- quired, to draw orders on the Tax Collectors of the District in which each of the lectors ' annuitants, entitled to the public bounty, may reside, in his or her favor, for the amount which may be due. Tax Collector to pay "to the drawer only, and not to his or her Agent, Attorney, or Assignee" Page 313. That the Treasurers shall not draw any order in favor of any annuitant, until he or she shall have produced, or cause to be produced, a certi- certificate that an- A * nuitant is alive. ficate, signed by one Member of the Legislature and two Magistrates, that the person in whose favor the order is to be drawn, is still living, and stating in what district he or she resides. An Act for the relief of the Widows and Orphans of such persons who n , gs. DIED, OR WERE KILLED, OR WHO HAVE DIED BY DISEASES CONTRACTED IN THE LATE WAR BETWEEN THE UNITED STATES OF AMERICA AND GREAT Britain.— 1815. p. 35. A widow shall receive $30, and every child $20 per annum : Provided, That widow $30; child the pensions shall cease, to the widow, upon her marriage with any other person, and to a child, upon its attaining the age of twelve years. 118 v ACTS AND RESOLUTIONS. oath of widow. Oath of widow to be taken, certified by the two Justices, and the commanding officer of the detachment in which the deceased served ; whereupon, the widow and children shall be placed on the pension roll. in actual service of The widows and children of those called into the service of the United States, to be entitled to the benefit of the Act, unless an adequate provision for them be made by the United States ; if the provision made by the United States should be less than this, then the difference shall be paid to such widows and children, out of the Treasury of this State. No. 99. An Act to increase the pensions of certain persons within this State.— 1816. p. 30. Whereas, the Pensioners of the Revolutionary War, now living, who, from their advanced age, have become unable to work, and have no means whereby to maintain themselves, shall be entitled to the following increase of annuity, upon the conditions herein set forth : Revolutionary Pen- Be it enacted, That from and after the passing of this Act, each Pensioner of sioner. *■ ° the Revolutionary War, who shall produce from under the hands and seals of Three justices and three Justices of the Quorum, or of the Peace, and one Member of the Legisla- one Member. O ture of the District wherein such Pensioner may reside, that said Pensioner is of Good character. g 00( j character, and in their opinion entitled to an increase of annuity, shall be no. 60. entitled to receive, annually, the sum of sixty dollars ; any law, usage, or custom, to the contrary notwithstanding. See Nos. 100, 102, No. 100. JOINT RESOLUTION— 1826. p. 59. Resolved, That after the adjournment of the Legislature, no application for ermo app ca wn a p eng j on g^^j jj e granted, unless the applicant swears to the facts set forth in ACTS AND RESOLUTIONS. 119 his or her petition, and shall produce the affidavit of one or more respectable persons, that the petitioner was a faithful soldier of the Revolutionary War ; and the person or persons qualifying them, shall certify as to their credibility; and the petitioner shall render in a schedule of his or her property, on oath, and shall annex the same to his or her petition. EXTRACT FROM A JOINT RESOLUTION--1833. p. 11. No 101- Recommending that no person receiving a pension from the United States Government, shall receive a pension from this State ; and it shall be the duty of the Treasurers of this State, not to pay, or issue any draft upon the Tax Col- lectors, until each male pensioner of the Revolutionary War swear, he or they are not on the pension roll of the United States ; and that no person receive a pension from this State, from and after the first day of March next, in advance, except widows and orphans of wounded soldiers, agreeable to the law of the State, now in force ; also, the wives and widows of Revolutionary soldiers and officers, at the time of and during the Revolutionary War. Resolved, That no person receive a pension from this State, but the above recognized persons. Applicants recommended to present their claims to United States, and all Revolutionary officers and soldiers to be stricken from the roll of this State, after 1st March, ensuing. ACT 1834. Ch. 10. p. 18. No> 102> 1. All Revolutionary pensioners to be stricken from the pension roll of the State, after 1st March, 1836. 2. All pensioners of United States to be stricken from roll. 3. Every one who served in this State, during the Revolutionary War, for less than six months, to receive a pension proportionate to his rank. 120 ACTS AND RESOLUTIONS. Widows of Revolu- tionary soldiers. Marriage. Facts requisite. Sec. 4. That the widows of those commissioned, non-commissioned officers and privates, who served in this State during the Revolutionary War, who were married at any time during the service of such commissioned, non-commissioned officer or private, shall be entitled to receive, out of the public treasury of this State, the sum of thirty dollars per annum : Provided, That such pensions, to every such widow, shall cease, upon her marriage with any other person ; and that no such widow, who has contracted marriage since the death of such com- missioned, non-commissioned officer or private, be entitled to receive such pension. 5. Applications to be made " by petition to the Legislature," and to shew that the petitioner has made application to the United States, and the result of it, or " to shew sufficient cause for not making such application, together with such facts as are requisite to entitle said petitioner to receive the benefit of this Act." 6. The Resolution of 1833, suspended until 1st March, 1836, (except as to those who receive pensions from the United States) nothing in the Act to be repugnant to the Act of 1815, in favor of widows and orphans. 7. Notice to be given through the Sheriffs, to all the pensioners, that they will be stricken off, 1st March, 1836. No. 103. ACT 1835. Ch. 16. p. 44. Sec. 1. Suspends the 1st section of Act of 1834, until 1st March, 1837, when all the Revolutionary Pensioners to be stricken from the roll. Sec. 2. Requires notice to be given. comptroller Gener- Sec. 3. That it shall be the duty of the Comptroller General to make an report of pensioners annual report to this House, of the names of the pensioners of this State, ACTS AND RESOLUTIONS. 121 ACT OF 1836. Ch. 62. p. 62. No. 104. Repeals the first section of the above Act of 1834, and the 1st section of the above Act of 1835, and directs that the names of all the Revolutionary Pen- sioners struck off, or that would have been struck off under the above Acts — " Be restored to, and continued on the said pension roll, except the names of ^*fg s |^^^ such persons as have been placed, and are now on the pension roll of the United • States of America." FREE SCHOOLS. Extracts from "An Act to establish Free Schools throughout the State. — Passed No. 105. 1811. (Pamphlet, p. 27.) Be it enacted, fyc. That immediately after the passing of this Act, there shall be established in each Election District within this State, a number of Free Number of Free Schools equal to Schools, equal to the number of Members which such District is entitled to send Members. to the House of Representatives, in the Legislature of this State. That for the support and maintenance of the said Free Schools, the sum of three hundred dollars per annum, for each School, is hereby and forever appro- $300 for each school priated, to be paid out of the Treasury of this State, in the manner hereinafter directed, until other sufficient funds may by law be provided. That for the purpose of carrying this Act into effect, there shall be appointed 1 A * ° l L Commissioners, not a number of Commissioners, in each Election District, which number shall not JJJgSSu? nor be less than three, nor more than thirteen. That the said Commissioners shall be appointed by the Legislature, by no- Nominated by Le- gislature, for three mination, and shall continue in office three years from the time of their appoint- years. ment, and until a new appointment shall be made. 16 122 ACTS AND RESOLUTIONS. joumai? t0 keep That the Secretary of each Board of Commissioners shall keep a regular journal of the transactions of said Board, which shall he always open to the open to Legislature inspection of the Legislature. That every Board of Commissioners throughout the State, shall, at their quarterly meeting, on the fourth Monday of October, in each year, make a re- Return to Legisia- g U ] ar re tum to the Legislature, or to any person whom the Legislature may appoint, of the number of months, during the year preceding their said meeting, which each School in their respective Districts, has been open for the reception of scholars ; of the number of scholars that, during each quarter, attended the respective Schools ; of the sums drawn for, on account of each School, with the date of the drafts ; and may transmit any observations of the Schools, which may appear to them necessary or important. Number for District. each That the number of Commissioners of Free Schools, in each Election District, throughout the State, shall be as follows : For St. Philip's and St. Michael's, 13 For St. Andrew's, 3 « St. John's, Colleton, 5 " St. Peter's, 5 u Prince William's, 5 " St. Stephen's, 3 << Winyaw, 9 " Liberty, 5 " All Saints, 3 " St. James', Santee, 5 <« St. James', Goose Creek, 3 " St. John's, Berkley, 7 M St. Paul's, 5 " St. George, Dorchester, 3 u Williamsburgh, 5 " St. Bartholomew's, 9 (( Kingston, 3 " St. Thomas & St. Dennis, 3 <( St. Helena, 5 " Christ Church, 3 CI St. Luke's, 5 " Abbeville, 11 u Barnwell, 7 " Chester, 7 cc Clarendon, 5 " Claremont, 7 (( Chesterfield, 3 " Darlington, 5 H Edgefield, 13 " Fairfield, 9 U Greenville, 9 " Kershaw, 5 H * Saxegotha, 5 " Lancaster, 5 (( Lewisburg, 3 " Laurens, 9 M Marlborough, 5 " Newberry, 9 <( Orange, 5 " Pendleton, 13 ii Richland, 5 " Spartanburgh, 9 U Union, 7 " York, 7 * Increased to 12, by Act 1836, p. 83. ACTS AND RESOLUTIONS 123 Extract of An Act to raise Supplies for 1823. p. 5. Sec. 8. No. 106. That the Comptroller General shall not hereafter be required to draw any SJEStafJe!? warrant on either of the Treasurers of this State, in favor of any free School, sary ' but that the said Treasurers, respectively, shall have full power and authority '£^ t sur ^ £tJ£[. to pay off and discharge, any order that may hereafter be drawn upon them, by SK any set of Commissioners of Free Schools within his Division, without any warrant from the Comptroller General, for that purpose : Provided, The Com- missieners drawing such order, specify in their said order, the name and number what nsnaiispeci- of the School, and the name of the Teacher ; and in no case shall the said Com- missioners draw for more than is actually due, or less than one quarter's salary except upon final settlement. That the Treasurers shall in no ease pay off or discharge any order which 2ST3taf*o» shall or may be drawn upon either of them, by any set of Commissioners for Saturn. have Free Schools, within this State, unless the said Commissioners shall have made a satisfactory return to the Legislature, as required by law. That if any Board of Commissioners of Free Schools shall neglect, unless gg h 'ffl*,fci*r upon good and sufficient excuse, to make a return to the Legislature, as now ment and removal. required by law, then and in that case, each and every Member of the Board, so defaulting, shall, upon conviction, by indictment, pay a fine of fifty dollars ; and may be removed from office by joint resolution of the Legislature; and the report of the Joint Committee of both Houses, on Education, shall be deemed and taken as conclusive evidence of their failure to make return, unless the con- trary shall be shewn by the said Commissioners. That it shall be the duty of the Comptroller General to direct the Solicitor of £Tffitor S ° * the Circuit in which such Commissioners reside, to bring suit in any Court having accounted for. competent jurisdiction, for the recovery of all sums drawn by any Board of Commissioners of Free Schools, on account of the Free School Fund, and which they shall not have accounted for by a regular return ; and the said Commission- ers, and each and every of them, are hereby declared liable for the re-payment of the same. * & 124 ACTS AND RESOLUTIONS. No. 107. EXTRACT FROM RESOLUTION— 1828. p. 37. comptroller shall Resolved, That it shall be the duty of the Comptroller General to keep regular keep account with * » i o port to£cfita& aec ounts with the Commissioners of Free Schools of each District and Parish in this State, and to report the state of such account to the Legislature, at the commencement of each regular session. Resolved, That the Comptroller General do hereafter deliver the requsite blank returns, to the Senators of each District and Parish, and to one or more of the Kepresentatives of each District, to be by them delivered to the Commissioners. See No. 109. No. 108. JOINT RESOLUTION— 1829. p. 43. commissioners mav Resolved, That the different Commissioners of Free Schools throughout the apply for unexpend- ° etoaiances. State, whenever unexpended balances, formerly standing to their credit, have been withdrawn, be, and they are hereby authorized and requested, if they should be able to expend said sums advantageously, to apply for the sum, or such part thereof, as they may think desirable, at the next Session of the Legislature ; and that they state in such application, the use they may propose to make of the money, if granted to them. No. 109. JOINT RESOLUTION— 1834. p. 44. Treasurer to distri- Resolved, That the Treasurer of the Upper Division of the State, be, and bute blank return, . with Acts. k e j s hereby authorized and required, to have printed in proper form, 500 blank Returns, for the use of the several Boards of Commissioners of Free Schools in this State, in order that said Commissioners may make their returns in regu- lar form to the Legislature ; and that he cause the same to be equally distributed ACTS AND RESOLUTIONS 125 to each of said Boards of Commissioners, by sending them to the Clerks of the Courts of each District, at the time the Acts of the Legislature are sent. See Act 1835. p. 14, concerning the Free Schools. TRUSTEES OF THE SOUTH CAROLINA COLLEGE. An Act to alter and amend an Act, entitled "An Act to establish No. 110. a College at Columbia." — 1825. Ch. 12. p. 51. Sec. 1. Be it enacted, fyc. That from and after the passing of this Act, Trustees- the Board of Trustees of the South Carolina College, shall consist of the G-overnor and Lieutenant Governor of the State, the President of the Senate, the Speaker of the House of Representatives, the Judges of the Court of Appeals, the Circuit Judges of the Court of Law, and the Chancellors, ex officio, SWffifc/SwiS together with twenty other persons, to be elected by joint ballot of the Senate f y uryeaL. ot ' ° r and House of Representatives, to continue in office four years, and until others shall be elected. Sec. 2. That from and after the passing of this Act, nine Members shall Nine a quorum, constitute a Quorum of the Board of Trustees, sufficient for the transaction of any business relative to the said College : except it be the appointment of an officer in the same, which shall be done only at the annual meeting, and when a majority of said Board are present. Act 1811, p. 80, directs that the stated meeting of the Board of Trustees, shall be held on the Wednesday next after the fourth Monday in November, in each year; that no vacancy in the Offices of the College, shall be filled, unless at the stated meeting : Provided, That at an occasional meeting, the vacancy may be filled until the stated meeting, and no longer. •*■ 126 ACTS AND RESOLUTIONS. Act 1801. 2 Faust, p. 406, gives to the President of the said College, and four of the Trustees, power to call occasional meetings of the Board, whenever it shall appear to them necessary. No. in.* JOINT RESOLUTION— 1835. p. 53. Report Tuition Resolved, That the Board of Trustees of the South Carolina College, do report annually to the Legislature, the amount received for tuition, and how expended. No. 112. JOINT RESOLUTION— 1838. p. 128. Resolved, That the sum of two thousand dollars, together with the surplus of the Tuition Fund, be annually appropriated for the increase of the College Library : the same to be drawn and expended under the authority and direction of tho Board of Trustees. No . us. TRUSTEES OF THE ESTATE OF DR. JOHN DE LA HOWE, IN ABBEVILLE DISTRICT. The Testator devised his Estate for the endowment of a Farm School, to the Agricultural Society of South Carolina, or if the Society should decline, to such persons as the Legislature would be pleased to appoint. ACTS AND RESOLUTIONS. ACT 1805. p. 87. 127 Resignation of the Agricultural Society, accepted. ACT 1829. p. 34. Board of five Trustees to be appointed by joint resolution of both Branches f ve Jf J | tecst0 be of the Legislature, every four years : any vacancy to be filled by the Abbeville Delegation until the next Session of the Legislature, and then another appoint- ment for filling it, to be made by joint resolution, to continue until a new Board shall be appointed. Sec. 7. That it shall be the duty of the Treasurer, to make annual return Return to or^way, J ' and report to Legis- on oath, of the receipts and expenditures of the said Estate, to the Ordinary latlire " of Abbeville District, which, before it is presented to the Ordinary, shall be inspected and approved by the Board; a copy of which return, it shall be the duty of the Ordinary, to transmit to the succeeding Legislature ; and it shall moreover be the duty of the Board, to cause to be kept a regular record of all their proceedings, and annually to transmit to the Legislature, a faithful tran- script from the said record, for the year preceding, accompanied by a copy of the last return, made by them to the Ordinary, and by an exhibit, shewing the precise situation of the Estate, on the first Monday in February, and the first Monday in November, next preceding. RESOLUTION— 1833. p. 33. No. 114. Ordered, That in their future returns, the Trustees be required to set forth Return to shew the .... * state of the School, particularly, all their operations during the last year, so as to shew fully, the "* of the Funds - state of the School, and of the funds. 128 ACTS AND RESOLUTIONS. LUDLAM SCHOOL FUND. Extract from No. 115. "An Act concerning the Ludlam School Fund, and for other fur- poses therein mentioned." — 1827. Ch. 23. p. 71. Sec. 5. That the annual interest arising from the monies vested as afore- said, [in the Stock of some one of the Banks of the City of Charleston,] shall be appropriated, under the direction of the said Vestry, [of the Parish of St. James, Goose Creek,] to the Instruction and Education of the Poor Children of the said Parish, upon the principles and conditions of the Free School system Report to Legisia- f this State : and it shall be the duty of the said Vestry, to report to the Legislature, annually, the state of the fund, what interest it yields, and in what manner the same shall have been expended, together with the number of poor children educated thereon. See Resolution, 1825. pp. 102. 114. 1826. p. 43. 1833. p. 13. 1834. p. 10. No. 116. RESOLUTION ADOPTED IN REPORT— 1830. p. 33. Form of report. Resolved, That the Vestry of St. James, Goose Creek, do report annually to both Branches of the Legislature, the state of the Ludlam Fund, exhibiting distinctly the principal and interest constituting the same, and shewing, by an account current, the amounts and dates of all receipts and disbursements, together with the number and names of the poor children educated. ACTS AND RESOLUTIONS. 129 CHARLESTON INSURANCE AND TRUST COM- PANY. Extract from the Act to Incorporate the Charleston Insurance and Trust Company. 1836. Ch. 5. p. 29. No - 117 ' Sec. 14. The books of the said Company, shall be examined from time to iu e d b y persoS^a™- T . , „ . pointed by the Le- time, by such person or persons, as the Legislature may tor that purpose gisiature. appoint ; and the person so appointed, shall have full power to examine, upon oath, to compel the attendance of witnesses, and the production of papers, and inquire into the management of the Company : and in case of mismanagement, or violation of their Charter, the said Company may be proceeded against by ^'r e rt f a"^ oked on scire facias, in the Courts of Common Pleas and General Sessions, for Charles- ton District, and upon conviction, shall be liable to lose their Charter, annulled by the judgment of the Court. THE UNION INSURANCE AND TRUST COMPA- NY, OF SOUTH CAROLINA. Extract from tfie Act to Incorporate the Union Insurance and Trust Company, of No. 118. South Carolina.— 1828. Ch. 26. p. 64. Sec. 12. The President and Directors of the said Companv, shall, whenever Render statement . r J to Legislature. required by the Legislature, lay before them a statement of the affairs of the Company, and submit themselves, and the books of the Company, to such an examination as the Legislature may require. 17 130 ACTS AND RESOLUTIONS. ADJUTANT GENERAL. Extract from No. 119. An Act to provide for the Military Organization of this State. — 1833. p. 13. Adjutant General. Sec. 2. There shall be one Adjutant and Inspector General, with the rank of Brigadier General. * * * The Adjutant and one elected by joint Inspector General to be elected by ioint ballot, by both branches of the Le- ballot,for4years. T , 'J gislature, to continue in office for four years from the date of his commission * * * * And the Adjutant and Inspector General shall receive salary. an annual salary of fifteen hundred dollars. Extracts from An Act further to provide for the Military Organization of this State.— 1836. p. 36. Military Bnreau. g E c. 6. The Adjutant General shall keep a Military Bureau, and shall keep a record of the number and rank of each Division, Brigade, and Regiment, in the State — procure a record, annually, of a return of the strength, arms, and equip- ments of the Militia, the names, rank, and date of the commissions of all the General, Staff and Field Officers — record all military orders received or issued by him, and generally, all matters which relate to the Militia, and which, in his opinion, may be necessary to enable him to exhibit the true strength, character, and condition of the Military force and power of the State. amP 'Maeazln^re*- Sec. 7. He shall, once a year, visit and inspect the Arsenals and Magazines port to Governor, to . * ^. -i • ani • • t te submitted to the m the State, and report to the Commander-in-Chief, to be by him submitted to the Legislature, and record in his office, their condition, the number and condi- tion of the arms, equipments and pubic stores in each — the number and descrip- ACTS AND KESOLUTIONS. lOl tion of public arms and equipments, distributed to the Militia, each year, and the disposition and conditions of such distribution — the strength of the guards at each — the duties performed by them — their general condition and efficiency to discharge the duties required of 'them: and to enable him to perform this duty, the Quarter Master General, and other officers, having charge of these ^theS e to report "to . him. Departments, shall, when required, make to him full reports of the different matters committed to their charge. Sec. 8. It shaU further be the duty of the Adjutant General, and he is hereby %5S*J? offico at required, to deposite in the Executive office, at Columbia, in a Bureau kept for the purpose, a true record of all matters relating to his office, as is herein before enjoined. JOINT RESOLUTION— 1836. p. 149. No. 120. Resolved, That the Governor be authorized, out of the Contingent Fund, to furnish the apartment in the State House, lately occupied by the Branch Bank, and use it as an Executive office. Executive office. STATUTES AT LARGE. JOINT RESOLUTION— 1834. p. 14. No# 121< The Committee on the Judiciary, to which was referred the resolution to inquire into the expediency of procuring to be compiled and published, the Statute Laws of this State, now of force, with a digested index thereto, and also that part of the Governor's Message on the same subject, having had the same under consideration, respectfully recommend the adoption of the following resolution, to wit : 132 ACTS AND RESOLUTIONS. S^Tk^TmI Resolved, That His Excellency the Governor, be authorized and requested to each session pro- employ some fit and competent person to compile, under his direction, the gress and proper * compensation. Statute Laws of this State, with a digested index thereto ; that he be requested to communicate, at the next session of the Legislature, the progress of this work, and the compensation he may deem just and equitable, should be paid to the person thus employed ; and that the Governor be further authorized to pay, from time to time, such sum or sums, as upon inspection of the work, he may deem equivalent to the labor actually bestowed on the same, by the person thus employed. JOINT RESOLUTION— 1835. p. 54. commissioners to Resolved, That James Gregg, William F. DeSaussure, andD. J. M'Cord, be advise and consult. . . . _■ • appointed Commissioners to advise and consult with Dr. Thomas Cooper, in superintending the publication of the Digest of the Statutes of South- Carolina. See Resolutions 1836, p. 118 ; 1838, pp. 88, 125; and Appropriation Acts 1836, and since. No. 122. •See Act 1828, p. 12. ANNUAL APPROPRIATIONS, WITH REFER- ENCE TO THE ORDERS FOR TAKING THEM. i Salary of Governor, $3,500 ; Acts 1828, p. 12. " Private Secretary of Governor, $500; Appropriation Acts 1832, and since* " Messenger, $250; Appropriation Acts 1832, and since.* Rent of House, $300; Appropriation Acts 1832, and since. See Act 1828, p. 12. ACTS AND RESOLUTIONS. 133 Daily pay of Members, 1807, p. 56. Solicitors, 1799, 2 Faust, p. 270. Salaries of Clerks of Senate and House of Representatives, $1,000 each; 1828, p. 12. " Messengers and Door Keepers, $200 each; 1828, p. 12. Reading Clerks, $150 each; 1828, p. 12. " Keeper of State House and Librarian, $700 ; Res. 1833, p. 13, and Res. 1836, p. 118. Pay of Printers, 1838, p. 145. " Reporter of Legislative Proceedings, $150. Increase of Legislative Library, $500; 1814, p. 55. Salaries of 3 Judges, $3,500 each; 1817, p. 41. 7 Judges, $3,000 each; 1835, p. 14. Salary of Attorney General, $1,100 ; Acts 1828, p. 12 ; 1837, p. 42. Salaries of Solicitors, $900; Acts 1828, p. 22; 1837, p. 42. " Clerks of Courts of Appeals, in Charleston and Columbia, $600 each ; Appropriation Acts 1831, and since; $300, 1828, 1830. " Messengers of the Court of Appeals, in Charleston and Columbia, $250 each; Appropriation Acts 1831, and since. Salary of Librarian of Court of Appeals, in Charleston, $200 ; 1838, pp. 14, 9. Salary of Librarian of Court of Appeals, in Columbia, $200 ; Appropriation Act, 1838, p. 9. Annual increase of Library of Court of Appeals, in Charleston, $200 ; Act 1838, p. 14. Firewood and Fuel for Court of Appeals, in Charleston, $50 ; Appropriation Acts 1837, and since. " " for Court of Appeals, in Columbia, $50 ; Appropriation Acts 1837, and since. Salary of State Reporter, $1,500; Appropriation Acts 1832, and since. See 1823, p. 29, and Appropriation Acts 1823, 1831. Daily pay of Jurors, 1836, p. 63.* " Constables, 1838, p. 47.* *see a<*s me, p. 1 10 ; 1824, p. 25. Salary of Comptroller General, $2,000 ; Appropriation Acts 1835, and since. See 1828, p. 13; 1834, p. 50. " Clerk of Comptroller General, $750 ; Act 1828, p. 12. " Treasurer of Lower Division, $2,000 ; Act 1828, p. 12. " Treasurer of Upper Division, $1,600 ; Act 1828, p. 12. 134 ACTS AND RESOLUTIONS. Salary of Assessor for St. Philip's and St. Michael's, $800 ; Appropriation 1824, and since; 1823, p. 26, abolished. " President of the South-Carolina College, $3,000 ; Appropriation Acts 1819, and since. Salaries of Professors of South-Carolina College, $2,500 ; Kesolution 1836, p. 128; Appropriation Acts 1836, and since; $2,000, Appropria- tion 1818, 1835. Salary of Treasurer of the South-Carolina College, $600 ; Appropriation Acts 1836, and since; $500, 1835. " of Librarian, $600 ; Appropriation Acts 1835, and since. " of Secretary of Board of Trustees, $200, " " of Marshall, $400, Expenses of Students from Orphan House, $400 each; Appropriation. Acts 1837, and since ; $260, 1819, 1836. See Act 1811, p. 41. Annual increase of Library, $2,000 ; Resolution 1838, p. 128. Insuring Buildings, $800 ; Appropriation 1838 ; $500, 1828, 1837. See Re- solution 1835, p. 50. Support of Free Schools, $37,200; 1811, p. 28. Salary of Superintendent of Public Works, $3,000 ; Resolution 1837, p. 55, Appropriation 1837, and since; $1,500, 1836; $1,200, 1831, 1835 ; $1,500, 1830 ; $2,200, 1828, 1829 ; $3,500, 1822, 1827. See Act 1822, p. 19, and Sup. of Pub. Build. 1822, p. 49. Education of Deaf and Dumb, $2,500 ; 1834, p. 59. Salary of Adjutant General, $2,500; Appropriation 1836 and since; $1,500, 1828, p. 12 ; 1833, p. 13. See 1836, p. 36. " Quarter Master General, $500; Appropriation, 1835, p. 22. « Arsenal Keeper, in Charleston, $1,000; " 1836, p. 37. Columbia, $400 ; " 1833, p. 39. " Physician of Jail and Magazine Guard, Charleston, $500 ; 1820, p. 38. Arsenal and Magazine Guard, Charleston. See Acts 1832, p. 43, 1822, p. 9 ; $19,000, 1837-8; $17,500, 1836; $16,500, 1835; 1832, p. 4, in- cluded in general appropriation for military purposes ; deficiency sup- plied, 1837, p. 9 ; 1838, p. 11. Arsenal and Magazine, Columbia. See Acts 1833, p. 39; $10,000, 1837-8; $9,137,1836; arrearages supplied, 1837, p. 9. See 1833, p, 10; 1838, p. 127. Port Physician, Charleston, $800 ; 1828, p. 14. ACTS AND RESOLUTIONS. 135 Execution of Quarantine Laws of Charleston, $1,000 ; Appropriation Acts 1829, and since. See 1832, p. 54. Support of the Transient Poor in Charleston, $4,500 ; Appropriation Acts 1829, and since. Support of the Transient Poor of Georgetown, $400; Appropriation Acts 1829, and since. Pilot of Georgetown, $320; 1828, p. 13. Superintendent of Fire Proof Building in Charleston, $100 ; Appropriation 1833, and since. See 1828, p. 11; 1826, p. 13; Kesolution 1822, p. 102; 1827, p. 44; 1837, p. 54. Ferry over Elliott's Cut, $200, Appropriation 1837-8; $100, 1833, 1835; $150, 1832. Salary of Compiler of Statutes at Large, $2,500; Appropriation 1835, and Since. * . gee Resolutions Salary of Clerks to do. $500 ; Appropriation 1835, and since. * «. ' p- INDEX TO THE ACTS AND RESOLUTIONS. Reference is made both to the number and pages of this compilation. N umbei Page; Absent Members - 9 51 Accounts, contingent - • 90-94 112-115 " to be returned and examined - 64, 61, 53, 91 94, 91, 85, 112 Act as distinguished from Resolution - 15-16 56-7 " appropriations made, debts discharged, rights of State conveyed, must be by - 16 57 Acts, printing and distribution of - 10-12 53,54 " Index to - - 95 116 Adjutant General - 119 131 Appointment by House : Reporter - 95 115 Appointments by joint resolution " Commissioners of Public Buildings 77 101 " " to approve securities, 81 104 " " of Free Schools - 105 121 " Justices of the Peace and Quorum 85 108 " Judicial Magistrates of St. Philip's i wd St. Michael's, 89 111 18 138 INDEX TO THE ACTS AND RESOLUTIONS. Number. Page. Appointments by joint resolution " Coroners - - - 83 106 " Escheators - - - 84 107 Printers - - - 95 115 " Trustees of the Estate of Dr. DeLaHowe 113 126 Appropriations, by Act, - - -16 56 " account with each to be kept by Trea- surer - - - 54 87 " account with each to be kept by Comp- troller General 64 93 " annual, with reference to orders for making them - - •■ 122 132 Assessor ..... 73 99 Attorney General and Solicitors : " " " to be elected - 74 99 « " " , bonds to be approved by Comptroller General 82 105 " " « leaving the State 72 98 " " " to sue defaulting Tax Collectors - 54 87 " " " to inquire as to rep'rts of Commissioners of Roads and Poor, and sue 55 87 " " " certify fines to Comp- troller General, and sue, defaulting Clerk 57 89 " " " to report to Comp- troller General debts due to State 54 86 " " " to examine District Offices, and report 80 103 " " " salaries increased 80 103 B. Balance Sheets - - 61, 64 92, 93 Bank of Charleston, bonus - - - 40 77 Bank of the State of South Carolina - 4=4r-52 80, 84 And the following under other heads : " to pay instalments on the Subscription to the Louisville, Cincinnati and Charleston Rail Road - 34 74 INDEX TO THE ACTS AND RESOLUTIONS. Numb< Bank of the State of South Carolina " to pay instalments on the Subscription to the South Western Kail Road Bank, &c. 40 " dividends of the State's Stock to remain in it at interest - " surplus revenue in it, how employed, &c. " to receive bonus of Bank of Charleston. " money borrowed for the re-building of Charleston, to be deposited in it, and become capital - 43 " to provide for interest and. re-payment of principal — Charleston Loan - 43 " to report on this fund - 43 " its profits pledged, (after redemption of other pledges,) for Charleston - 43 Banks, other, measures for keeping their bills at par, to be taken by the Bank of the State of South Carolina - Bonds of Public Officers " of Coroners - ■ " of Escheators - " of South Carolina Canal and Rail Road Company Bridges - Business unfinished - 139 Page. 76 40 76 42 78 40 77 79 79 79 79 52 84 75,82 100, 105 83 106 - 84 108 25 65 22 61 2,3 45,46 c. Cashier of House Charleston, loan for re-building Charleston Insurance and Trust Company, Charters and Acts of Incorporation : notice " for Roads, Bridges and Ferries " for Turnpikes " South Carolina Canal & Rail Road Company " Louisville, Cincinnati and Charleston Rail Road - - - 29, " South Western Rail Road Bank " other Rail Road Companies 9 52 - 43 79 117 129 - 1 45 22 61 22,23 61,63 1 24 65 31,32 68, 70, 72 31 70 27 67 Number, Page. 14 56 19 58 96 116 4 47 11 54 140 INDEX TO THE ACTS AND RESOLUTIONS. Clerk of House : Fees - " to put papers in order " to have certain resolutions printed Clerk, Reading - Clerk of District, to sell copies of the Acts " to receive and return reports of Com- missioners of Roads and Poor 55, 56 87, 88 " to return account of fines to Comp- / troller General - 57 89 how elected 74 99 bond - • - - 82 105 " office to be examined - 80 103 " to send roll of Justices to Secretary of State - - 87 109 " fees on conviction - 93 114 College, South Carolina - - 110-112 125-126 Commissioner of Locations - - 74 100 " special to Kentucky - - 41 78 Commissioners in Equity - - 74, 80, 82, 76 100, 103, 105, 101 of Roads - - 21, 55, 56 60, 87, 88 of the Poor - - 55, 56 87, 88 " of Public Buildings, how appointed 77 101 duties 77, 80 101, 103 " " " to render amount to Comptroller General - 54, 59, 60, 61 86, 90, 91, 92 " " " in Charleston, (be- sides above) - 70 97 " to approve securities - - 81, 82 104, 105 of Free Schools - - 105-109 121, 124 " to represent the stock of the State in the Louisville, Cincinnati and Charleston Rail Road Company - - 36, 37, 38 74, 75, 75 M to represent the stock of the State in the South Western Rail Road Bank - 40 77 " for surveying the Louisville, Cincinnati and Charleston Rail Road 35 74 of Columbia - - 59,60,61 90,91,91 Number. Page. 121 132 47 82 50 83 15 56 53-64 85-93 INDEX TO THE ACTS AND RESOLUTIONS. 141 Commissioners to advise and consult with Dr. Cooper Committee to inspect Bank " to nominate Bank Directors Compensation of Members Comptroller General And the following under other heads ; " " duty in relation to the loan to the South- Carolina Canal and Rail Road Company - 25 65 " " "to the subscription to Louis- ville, Cincinnati and Charles- ton Rail Road - 33,34 73, 74 " " " to the subscription to South- western Rail Road Bank - 40 76 " " " to the surplus revenue 42 78 « " " to the loan for re-building of Charleston - . 43 79 " " to settle accounts of Commissioners for surveying Louisville, Cin- cinnati and Charleston Rail Road - - 35 74 u to inspect accounts of Bank, examine fully, and report - 44, 45, 46, 47 80, 81, 82, 82 " not to be an Officer or Director of any Bank 45 81 " not re-eligible after four years 74 100 " to send blank bonds with Acts 75 100 " to deposite official bonds in Treasurer's office - 82 105 " to approve securities of Attorney General and Solicitors - - 82 105 " to make annual report of Pensioners 103 120 " to receive report from Regents of Lunatic Asylum - - 68 96 " his warrant not necessary on a Free School draft - 106 123 " to direct Solicitors to sue defaulting Commissioners of Free Schools 106 123 142 INDEX TO THE ACTS AND RESOLUTIONS. Comptroller General to keep an account with each Board of Commissioners of Free Schools, and report the state of it to the Legislature Constitutional questions - - - Coroners, appointment, duties, &c, " balances to be collected from defaulting Court Houses and Jails D. Debts to State, how discharged " " to be reported and collected 59, 60, 61, 64, De La Howe - - 2,6 45,48 83 106 63 93 77,80 101, 103 16 57 > 90, 91, 91, 106 93, 102, 123 113 126 E. Elections of Members, &c. - " resolutions concerning the printing of Election by House, Reading Clerk - Elections by Joint Ballot : " President and Directors of Bank " Comptroller General - 5c " Superintendent of Public Works " Regents of the Lunatic Asylum " Attorney General " Solicitors - " Master, Commissioners and Re- gisters in Equity " Register of Mesne Conveyance 20 Trustees of the S. C. College " Adjutant General " Assessor of St. Philip's and St. Michael's Elector of President and Vice President : office of, does not vacate seat - - - Escheators - 7-9 49-51 94 114 4 47 45 81 1,71 85,98 65 94 68 96 74 99 74 100 74 100 74 100 110 125 119 130 122 5 84 134 48 107 INDEX TO THE ACTS AND RESOLUTIONS. Number. F. 143 Fees of Clerk of the House " of Magistrates and District Officers Ferties - - Fines - Fire-Proof Building in Charleston Free Schools - - - 14 56 92-93 113-114 22 61-62 57, 77, 80 89, 101, 103 70 97 105-109 121, 124 G. Governor, to submit report of South- Western Rail Road Bank - - to pay for surveys from Contingent Fund subscription to the South- Western Rail Road Bank confirmed - may grant to officers leave of absence may fill vacancy in Commission to approve securities - - - in Coroner to commission Coroner " Escheator to furnish Executive office to employ person to compile the Statutes to receive and submit report of Adjutant General - - to have indexes made, if officers neglect Guard ... _ 31 70 35 74 40 76 72 99 81 104 83 106 83 107 84 108 120 131 121 131 119 131 76 101 90 112 Indexes Insurance Companies 76, 95 117, 118 101, 116 129, 129 J. Jailer Judge leaving the State 93, 80, 81 72 114, 104 99 144 INDEX TO THE ACTS AND RESOLUTIONS. Judicial Magistrates Justices of the Peace and Quorum fees Number. 89 85, 89 92 111 108, 111 113 Legislative Library - 17-20 57-59 Librarian - - 18, 19 57, 58 " to distribute Acts and Statutes, &c. 12 54 Loan to South- Carolina Canal and Rail Road Company 25, 26 65, 66 " to Louisville, Cincinnati and Charleston Rail Road 39 75 " for re-building Charleston 43 79 Louisville, Cincinnati and Charleston Rail Road 28-41 67, 77 Ludlam School - - - 115 128 Lunatic Asylum - - - 68, 69 96, 96 M. Managers of Election, Master in Equity 7, 8, 9 74, 80, 82, 76 Money, appropriations of, to be by Act 16 " persons having distribution of - 59, 60, 61, 64 See Comptroller General, Commissioners of Public Buildings, Commissioners of Roads and Poor, and Commissioners of Free Schools. 49, 50, 51 100, 103, 105, 101 57 90,91,91,93 N. Notice of application for Charter or Incorporation - 1 " of new Road, or of application for same - 21 " of application for Charter of Bridge, Ferry, or Turnpike .... 22 45 60 61 INDEX TO THE ACTS AND RESOLUTIONS. 145 0. Number. Page. Ordinaries - 74, 80, 82, 76 99, 103, 105, 101 Pensions - - ... 97-104 117-121 President of Bank 48, 49 83, 83 See Bank of tlie State of South- Carolina. Printers - 95 115 Printing of Acts .... - 11, 95 53, 116 of Resolutions, &o. - - 94,95 114,116 " of Statutes at Large - 121 131 Rail Roads ------ 27 67 " See South- Carolina Canal and Rail Road Company - - 24-26 65, 66 " Louisville, Cincinnati and Charleston Rail Road 28,41 67,77 Reading Clerk ... 4 47 " second, of bill to alter the Constitution 6 48 Recording Officers - - - 76 101 Records Legislative -; - 19 58 " of District Offices .... 80 104 Register in Equity - 74, 80, 82, 76 100, 103, 105, 101 " of Mesne Conveyances - 72, 74, 80, 82, 76 98,100, 103 105, 101 Reporter for each House - - - 95 115 Reports to the Legislature : " annual, from Comptroller General, of Esti- mates, &c. 53, 61 85, 91 as to affairs of Bank 47 . 82 Contingent Ac'ts. 64, 61, 53, 91 94, 91, 86, 112 19 146 INDEX TO THE ACTS AND RESOLUTIONS. Number, Page. Reports to the Legislature : " annual, from Comptroller General, of the Ac- counts of the Commis- N sioners of Roads and of Poor - 55 87 " " " of the accounts of Com- missioners of Public Buildings, and Commis- sioneiis of Columbia " " " of balance sheets - 61, " " " of the account of the ap- propriation for the tran • sient poor " " " debts due to the State " " "of the account of each Board of Commissioners of Free Schools " " " of the Pensioners - " " " of the accounts of persons having the distribution of public money 64, 61 94, 91 from Bank of the State of South Carolina, as to fund received for re-building Charleston 43 79 " " from South Western Rail Road Bank, through Governor 31 70 " " from the Adjutant General, through Governor •- 119 130 " " from President of the Bank, as to the debts of salaried officers 48 83 " " from Regents of the Lunatic Asylum - 68 96 " " from Commissioners of Public Buildings in Charleston, as to Fire Proof Buildings 70 97 " " from Commissioners of Public Buildings, whilst engaged in contract - - 79 102 54 86 L, 64 92,93 58 90 59 90 107 124 103 120 INDEX TO THE ACTS AND KESOLUTIONS. 147 Number. Page. Reports to the Legislature : " annual, from each Board of Commission- ers of Free Schools - 105 122 " \ " from Attorney General and Soli- citors, as to District offices 80 103 " " from Trustees of the South-Ca- rolina College, as to the Tui- tion Fund - - 111 126 " " from the Trustees of the Estate of Dr. Do La Howe, and the Ordinary of Abbeville - 113 126 " " from the Vestry of St. James, Goose Creek, as to the Ludlam School and Fund 115, 116 128, 128 " " from City Council of Charleston, concerning the transient poor 58 89 " " from the Commissioners of the Poor for Prince George, Win- yaw, concerning the transient poor of Georgetown 58 90 Reports to the Legislature; occasional: " from Comptroller General, of any violation of the Bank Charter, or mismanagement •, 44 80 " from Comptroller General, of any default in a receiver or disburser of public monies 59, 60, 61, 64 90, 91, 91, 93 Reports from Treasurer, of any default in a Tax Col- lector - 54 87 biennial, from Committees of Inspection, on Bank and its Branches 47 82 Reports to the Comptroller General : " from the Superintendent of Public Works 66 95 " from any Turnpike Company, in which the State may be a Stockholder - 23 64 " of fines from Clerks, Attorney General and So- licitors - " of Committee on the Legislative Library *» of Regents of the Asylum 57 89 20 59 68 96 . 148 INDEX TO THE ACTS AND RESOLUTIONS. Number. Page. Reports to the Comptroller General : " of Commissioners of Free Schools - 107 124 " of Commissioners of Public Buildings, of Co- lumbia - - . 54 86 " of Commissioners of Roads and Poor 55 87 " of persons having public money, or evidences of debts - - 59,60, 61 90, 91, 91 " from Treasurer of the City Council of Charleston 58 89 " of Treasurer, Attorney General and Solicitors, and others, as to debts - - 59 90 See Comptroller General. Residence of Voter Resignation of seat Resolution, distinguished from Act " certain, to be printed " Index to - Roads - 6 48 15,16 56,57 96 116 95 116 21-23 60,63 Secretary of State : distribution of Acts " to make Indexes " leaving State " roll of Justices, sent to Securities, Commissioners to approve Senate, resolutions of Session, second continuance of first Sheriffs, balances from " bonds, &c. •• " fees - - - Solicitors. See Attorney General : South Carolina Canal and Eail Road Company South Western Rail Road Bank State- House Keeper Stahites at Large 12 54 - 76 101 72 99 86 109 81, 82 104, 105 4,5,6 47, 48, 48 2,3 45,46 63 93 81,82 105, 105 93 114 24-26 65,66 31-41 70-77 19 58 121, 13 131, 55 INDEX TO THE ACTS AND RESOLUTIONS. 149 Superintendent of Public Works Surplus Revenue Surveyor General Surveys for Rail Roads Number. Page. 65-67, 24 94, 95, 65 42, 33, 34, 40 78, 73, 74, 76 72, 76 98, 101 24, 28, 30, 35 65, 67, 69, 74 T. Tax Collectors, defaulting - - 54, 63 " how elected - -74 bonds ■• - - 82 " drafts on, for pensions - 97 Taxes, years for which collected, to be shewn - 61 Taxes on slaves, report of - - 62 Transient Poor - - - -58 Transient, Paupers in Asylum 69 Treasurer, to distribute Acts - - 11 " not eligible to office of Comptroller Gene- ral, if his accounts be unsettled 53 " books open to Comptroller General - 53 " to furnish transcripts and statements to Comptroller General - - 61 " to keep account with every appropriation 54 " to report defaulting Tax Collectors - 54 " to report to Comptroller General debts due to State - - 59 " leaving State - - 72 " to keep bonds of Officers - - 82 " to draw orders on Tax Collectors for Pensions 97 " to pay Free School draft, without warrant of Comptroller General, if proper return ; if not, not to pay at all - - 106 Trustees, of the South Carolina College - 110-112 of the Estate of Dr. De La Howe - 113 Turnpike Roads - - 22, 23 87,93 99 105 117 92 92 90 96 53 86 85 92 87 87 90 99 105 117 123 125. 126 126. 127 61,63 150 INDEX TO THE ACTS AND RESOLUTIONS. U. Number. Page. Union Insurance and Trust Company - 118 129 V. Vestry of the Parish of St. James, Goose Creek 115 128 Voter ... 8 50 THE CONSTITUTION OF THE STATE OF SOUTH CAROLINA JUNE 3d, 1790 20 THE CONSTITUTION OF THE STATE OF SOUTH CAROLINA. JUNE 3d, 17 90. We, the Delegates of the people of the State of South Carolina, in General preamble. Convention met, do ordain and establish this Constitution for its government. ARTICLE I. Sec. 1. The legislative authority of this State, shall be vested in a General Legislature. Assembly, which shall consist of a Senate and House of Keresentatives. Sec. 2. The House of Representatives shall be composed of members Representatives, chosen by ballot, every second year, by the citizens of this State, qualified as what time - in this Constitution is provided. Seg. 3. The several election districts in this State, shall elect the following Amended isos. number for representatives, viz : Charleston, including St. Philip and St. Michael, Fifteen Members. Proportion of them. Christ Church, - - Three " St. John, Berkley, - - Three " St. Andrew, - - Three " 156 THE CONSTITUTION OF THE St. George, Dorchester, St. James, Goose Creek, St. Thomas and St. Dennis, St. Paul, St. Bartholomew, St. James, Santee, St. John, Colleton, St. Stephen, St. Helena, St. Luke, Prince William, St. Peter, All Saints, (including its ancient boundaries,) Winyaw, (not including any part of All Saints,) Kingston, (not including any part of All Saints,) Two Williamsburg, . . - Two Liberty, - ... Two Marlborough, - - - Two Chesterfield, - ... Two Darlington, - - - Two York, . Three Chester, .... Two Fairfield, .... Two Richland. .... Two Lancaster, .... Two Kershaw, - Two Claremont, .... Two Clarendon, .... Two Abbeville, .... Three Edgefield, .... Three Newberry, (including the Fork between Broad and Saluda Rivers,) - . . Three Laurens, .... Three Union ..... Two Spartan, - . . - Two Greenville, .... Two Pendleton, .... Three St. Matthew, .... Two Three Members. Three « Three M Three H Three (C Three « Three (( Three t. Three u Three U Three ' M Three M One it Three M STATE OF SOUTH CAROLINA. 157 Orange, .... Two Members. Winton, (including the district between Savannah river and the north Fork of Edisto,) - Three " Saxe G-otha, - - - Three Sec. 4. Every free white man, of the age of twenty-one years, being a Amended mo. citizen of this State, and having resided therein two years previous to the day Qu^^ 011 - 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, 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, How proved or ex- may require any person who shall offer his vote at an election, 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 swear or affirm, that he is duly qualified to vote agreeably to this constitution. Seo. 6. No person shall be eligible to a seat in the House of Representatives, Wh0 may or may unless he is a free white man of the age of twenty-one years, and hath been a DOt be clectcd- 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 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 seized and possessed 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 Amended isos. years, in the following proportions, by the citizens of this State, qualified to senators chosen for elect members to the House of Representatives, at the same time> in the same ° ur years ' manner, and at the same places where they shall vote for representatives, viz : Charleston, (including St. Philip and St. Michael,) Two Members. Proportion of them Christ Church, .... One " St. John, Berkley, - - . One " St. Andrew, .... One " St. George, .... One 158 THE CONSTITUTION OF THE St. James, Goose Creek, One Member St. Thomas and St. Dennis, One u St. Paul, ..... One a St. Bartholomew, One II St. James, Santee, One u St. John, Colleton, One a St. Stephen, .... One tt St. Helena, .... One u St. Luke, ..... One t< Prince William, One a St. Peter, ..... One a All Saints, .... One a Winyaw & Williamsburgh, One «< Liberty and Kingston, One (< Marlborough, Chesterfield and Darlington, Two ft York, .... One ft Fairfield, Richland and Chester, One ft Lancaster and Kershaw, One ft Claremont and Clarendon, One « Abbeville, .... One a Edgefield, .... One a Newberry, (including the fork between Broad and Saluda rivers,) One ft Laurens, .... One II Union ..... One II Spartan, .... One II Greenville, - One II Pendleton, .... One « St, Matthew and Orange, One it Winton, (including the distance between Savan- nah river and the North fork of Edisto,) One c Saxe Gotha, .... One (< who shaii not be ^ec. %' ^° P erson shsJl be eligible to a seat in the Senate, unless he is a eligible to the sen- f rQe w hite 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 STATE OF SOUTH CAROLINA. 159 •t- be eligible, unless he be legally seized 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. Sec 9. Immediately after the Senators shall be assembled, in consequence Amended 1808 - of the first election, they shall be divided by lot, into two classes. The seats senate divided into two classes, and of the senators of the first class shall be vacated at the expiration of the how - second year, and of the second class, at the expiration of the fourth year ; so that one half thereof, as near as possible, 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 { a I t e ™e ers of Legis ' chosen on the second Monday in October next, and the day following; and on when chosen, the same days in every second year thereafter, in such manner and at such times as are herein directed, and shall meet on the fourth Monday in November, when to meet, and " where. annually, at Columbia, (which shall remain the seat of government, until other, wise 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 convenient place of meeting. Sec. 11. Each house shall judge of the elections, returns, and qualifications ho W ld je^rm1ned ion9 of its own members ; and a majority of each house shall constitute a quorum to Quorum. do business ; but a smaller number may adjourn from day to day, and may be ffig 'g y* from 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, determine its Each house to elect "* their own officers. rules of proceeding, punish its members for disorderly behaviour, 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 sitting;, any Powers of the house ■•' * ' J r ° 5 ' ; to punish for con- person, not a member, who shall be guilty of disrespect to the house, by any temptl disorderly or contemptuous behaviour in its presence ; or who, during the time of its sitting, shall threaten harm to body or estate of any member, for any thing 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 persons and Privileges of i estates, during their attendance on, going to, and returning from, the legislature, tates - 160 THE CONSTITUTION OF THE Revenue bills. What shall give the force of a law. No monies drawn from treasury, but by Legislature. Compensation to members. Adjournment of Houses. Regulation about bringing in bills, &c. once rejected. What persons are excluded from Le- gislature. How vacancies in Legislature shall be filled. and ten days previous to the 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 Repre- sentatives, 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. 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 house, has had the great seal affixed to it, and has been signed, in the Senate House, by the Presi- dent 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 con- stitution, shall be entitled to receive, out of the public treasury, as a compensa- tion for their expenses, a sum not exceeding seven shillings sterling a day, during their attendance on, going to, and returning 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 legislature which shall make such alteration. Sec. 19. Neither house, during their session, without the consent of the other, shall 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 exercise 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 any disqualifying office, a writ of election shall be issued by the President STATE OF SOUTH CAROLINA. 161 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 profession, clergymen excluded 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, whilst he continues in the exercise of his pastoral functions, shall be eligible to the office of Governor Lieutenant Governor, or to a seat in the Senate or House of Representatives, ARTICLE II. Sec. 1. The Executive authority of this State shall be vested in a Governor, Executive, to be chosen in the manner following: As soon as may be, after the first ■■J**"****" 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 Representatives shall, jointly, in the House of Representatives, choose by ballot, a Governor, to continue for two years, and until a new election shall be made. Seo. 2. No person shall be eligible to the office of Governor, unless he hath Qualification of Go- r o i vernor. attained the age of thirty years, and hath resided within the 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 re -eligible to that g£* r *^ gible for office, till after the expiration of four years. No person shall hold the office of Governor, and any other office, or commis- Disqualification, sion, 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 ffiiS't'i" 1 * how manner, continue in office for the same period, and be possessed of the same qualifications as the Governor. Sec 4. A Member of the Senate or House of Representatives, being chosen, toTv^atL ^Sli and acting as Governor or Lieutenant Governor, shall vacate his seat, and Tt&!&tt!!£a£ another person shall be elected in his stead. 21 162 THE CONSTITUTION OF THE vacaneies,how filled Sec. 5. 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, until a nomination to those offices, respectively, shall be made by the Senate and House of Repre- sentatives, for the remainder of the time for which the officer so impeached, removed from office, dying, resigning, or being absent, was elected. Governor to com- Sec. 6. The Governor shall be Commander-in-Chief of the Army and Navy mandarmy, &c. of this State, and of the Militia, except when they shall be called into the actual service of the United States. Maygrant pardons, 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. shaii execute the g EC _ g jje shall take care that the laws be faithfully executed, in mercy. May prohibit expor- Sec. 9. He shall have power to prohibit the exportation of provisions, for any tation of provisions. time not exceeding thirty days. His compensation. Sec. 10. He shall, at stated times, receive for his services, a compensation which shall be neither increased or diminished, during the period for which he shall have been elected. a£u%\ mXa 3 ^ec. **• ^U tne officers in the Executive Department, when required by the twnto Governor, q overnor) sna u gi ve hi m information in writing, upon any subject relating to the duties of their respective offices. Governor shaii give Sec. 12. The Governor shall, from time to time, eive to the General Assem- information to As- gembiy. T D ly > information of the condition of the State, and recommend to their consider- ation such measures as he shall judge necessary or expedient, 2£emw nV o™ e ejrtra' ^ EC- ^ He may, on extraordinary occasions, convene the General Assembly, and^oumTe ^- and, in case of disagreement between the two Houses, with respect to the time ture when they can- . -ii-iii-i j. i j not agree. of adjournment, adjourn them to such time as he shall think proper, not beyond the fourth Monday in the month of November, then ensuing. ARTICLE IH. judiciary. S E c. 1. The judicial power shall be vested in such superior t and inferior courts of Law and courts of law and equity, as the Legislature shall, from time to time, direct and establish, STATE OF SOUTH CAROLINA. 163 The Judges of each shall hold their commissions during good behaviour ; and Judges shaii hold o o o * commissions during the Judges of the Superior Courts shall, at stated times, receive a compensation feceive ha compe*a- for their services, which shall neither be increased or diminished, during their from holding any other office. 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 process shall be, " The State of South- Carolina." All style of process. 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. All persons who shall be chosen or appointed to any office of profit or trust, tended 1334. before entering on the execution thereof, shall take the following oath : " I do oath of office. swear, (or affirm,) that I am duly qualified, according 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. Sec. 1. The House of Kepresentatives shall have the sole power of impeach. Representatives ing ; 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 sitting for senate to try im- peachments. 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 mo n ifabi 1 e 82 to im- 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 Punishment incase J- of conviction. to hold any office of honor, trust, or profit, under this State. The party convicted shall, nevertheless, be liable to indictment, trial, judgment, and pun- ishment, according to law. 164 THE CONSTITUTION OF THE ARTICLE VI. beTieS 6 " 8h * U ^ EC- ^' ^e Judges °f *^ e Superior Courts, the Commissioners of the Treasury, Secretary of the State, and Surveyor General, shall be elected by the joint ballot of both Houses, in the House of Representatives. The Com- Limitation of some missioners of the Treasury, Secretary of the State, and Surveyor General, commisions. •" * ^ 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. other officers, how Sec. 2. All other officers shall be appointed as they hitherto have been, appointed. L 1 * sheriff elected for until otherwise directed by law : but Sheriffs shall hold their offices for four 4 years. » * years, and not be again eligible for four years after the term for which they shall have been elected. style of oommis- Sec. 3. All commissions shall be in the name, and by the authority of the sions. State of South Carolina, and be sealed with the seal of the State, and be signed by the Governor. ARTICLE VII. Laws to continue of All laws of force in this State, at the passing of this constitution, shall so force until altered. i o 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 VIIL r&SgSffifiitnf Sec. 1. The free exercise and enjoyment ofreligious profession and worship, without discrimination or preference, shall, forever hereafter, be allowed within Proviso. ^ gt a te, to all mankind ; provided, that the liberty of conscience thereby declared, shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State. Rights, &c, pre- Sec. 2. The rights, privileges, immunities, and estates of both civil and reli- served to corporate • ^ . ■ _ . . , . . and other bodies. gi ous societies and of corporate bodies, shall remain as if the constitution of this State had not been altered or amended. STATE OF SOUTH CAROLINA. 165 ARTICLE IX. Sec. 1. All power is originally vested in the people ; and all free governments Declaration of *■ _ rights- are founded on their authority, and are instituted for their peace, safety and happinesss. Sec. 2. No freeman of this State shall be taken, or imprisoned, or disseized of his freehold, liberties, or privileges ; or outlawed, or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the judgment of his peers, or by the law of the land ; nor shall any bill of attainder, ex post facto law, or law impairing the obligation of contracts, ever be passed by the Legislature of this State. Sec. 3. The military shall be subordinate to the civil power. Sec. 4. Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted. Sec. 5. The Legislature shall not grant any title of nobility, or hereditary distinction, nor create any office, the appointment to which shall be for any longer time than during good behaviour. Sec. 6. The trial by jury, as heretofore used in this State, and the liberty of the press, shall be forever inviolably preserved. ARTICLE X. Sec 1. The business of the Treasury shall be in future conducted by two Treasury, how con- ducted. Treasurers, one of whom shall hold his office and reside in Columbia ; the other shall hold his office and reside in Charleston. Sec. 2. The Secretary of State, and the Surveyor General, shall hold their And secretary's * u rice, &c. offices both in Columbia and Charleston. They 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 Amended isie. Judges shall meet at Columbia, for the purpose of hearing and determining all motions which may g m 1 t umbia after cir " be made for new trials, and in arrest of judgments, and such points of law as may be submitted to them. From Columbia they shall proceed to Charleston, and there hear and determine all such motions for new trials, and in arrest of judgment, and such points of law, as may be submitted to them. Srcc. 4. The Governor shall always reside, during the sitting of the Legis- Governor shall re- side where legisla- lature, at the place where their session may be held, and at all other times, ture sits, during ses- wherever, in his opinion, the public good may require. 166 THE CONSTITUTION 0*' THE Rights of primown- Sec. 5. The Legislature shall, as soon as may be convenient, pass laws for lture to be abolished ° " ' • the abolition of the rights of primogeniture, and for giving an equitable distri- bution of the real estates of intestates. ARTICLE XI. convention to be No Convention of the people shall be called, unless by the concurrence of of legislature. two-thirds of both branches of the whole representation, constitution, how No part of this Constitution shall be altered, unless a bill to alter the same shall have been read three times in the House of Representatives, and three times in the Senate, and agreed to by two-thirds of both branches of the whole representation ; neither shall any alteration take place, until the bill, so agreed to, be published three months previous to a new election for members to the House of Representatives ; and if the alteration proposed by the Legislature, shall be agreed to in the first session, by two-thirds of the whole representation in both branches of the Legislature, after the same shall have been read three times, on three several days, in each House, then, and not otherwise, the same shall become a part of the Constitution. Done in Convention, at Columbia, in the State of South Carolina, the third day of June, in the Year of our Lord 1790, and in the 14th year of the Independence of the United States of America. By the unanimous order of the Convention. CHARLES PINCKNEY, President. Attest, John S. Dart, Secretary. 167 STATE OF SOUTH CAROLINA. That no inconvenience may arise from the alterations and amend- ments in the Constitution of this State, it is hereby declared and ordained : Sec. 1. That the government shall be administered as heretofore, until the provisions until • • oiT-i i i i i i l- •• new Constitution meeting and sitting of the Legislature, to be held under this constitution. can operate. Sec. 2. And whereas, the existing laws render it highly inconvenient for the Legislature to meet on the fourth Monday in November, next, it is therefore ordained, that instead thereof, the members of the Senate and House of Repre- sentatives, to be elected on the second Monday in October, and on the day following, shall meet at Columbia, the seat of Government, on the first Monday in January next. . Sec. 3. It is also ordained, that the Commissioners of the Treasury shall, with all convenient dispatch, take a balance of the treasury books, which balance shall be lodged in the Treasurer's office, in Columbia, and the original books in the Treasurer's office, in Charleston. Sec. 4. It is the opinion of the Convention, that the Legislature, at the first session which shall be held under this constitution, should regulate and estab- lish by law, all the fees of the respective courts and offices throughout this State. Sec 5. That they also provide for the annual and final settlement of the accounts of the Commissioners of the Treasury, so that the pecuniary interest of the State be duly attended to, and the persons who faithfully discharge the duties of that important office, be quieted therein, and their sureties released in a fixed and reasonable time. Sec. 6. That the Legislature shall make effectual provision for revising, digesting and publishing the laws of this State, so that a general knowledge thereof may be diffused among the citizens of this State. Sec. 7. The Legislature, at their next meeting, shall proceed to the election of Justices of the Peace, throughout the State, and Justices of the county courts, where county courts are established, and that all former commissions of the peace, then cease ; and that, in future, all commissions of the peace expire at fixed periods, to be declared by law. 108 the constitution of the Sec. 8. That all rotatory officers, at the first meeting of the Legislature, under this constitution, may be re-elected, notwithstanding any time they may have before served, under the former constitution. By the unanimous order of the Convention, June 3, 1790. CHARLES PINCKNEY, President. Attest, John Sandeord Dart, Secretary. AMENDMENTS TO THE CONSTITUTION OF THE STATE OF SOUTH-CAROLINA. AMENDMENTS, RATIFIED DECEMBER 17, 1808. Sees Art. VkLndtd 9 of ^ec. 1- ^ ne f°N° wm g sections, in amendment of the third, seventh and ninth sections of the first article of the constitution of this State, shall be, and they are hereby declared, to be valid parts of the said constitution ; and the said third, seventh and ninth sections, or such parts thereof as are repugnant to such amendments, are hereby repealed and made void. 124 Representatives <3 EC- 2. The House of Representatives shall consist of one hundred and twenty-four members ; to be apportioned among the several election districts of dinfto white p^pu- tDe 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 census to be taken. 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 immediately succeeding the above enumeration. STATE OF SOUTH CAROLINA. 109 Sec. 3. 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. Sec. 4. In assigning representatives to the several districts of this State, the Fractions. 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. Sec. 5. 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 appor- tionment shall be founded upon the tax of the preceding year, excluding from the amount thereof, the whole produce of the tax on sales at public auction. Sec. 6. If in the apportionment of representatives, under these amendments, any election district shall appear not to be entitled, from its population and its taxes, to a representative, such election district shall, nevertheless, send one representative ; and if there should be still a deficiency of the number of repre- sentatives required by these amendments, such deficiency shall be supplied by assigning representatives to those election districts having the largest surplus fractions, whether those fractions consist of a combination of population and - taxes, or of population, or of taxes separately, until the number of one hundred and twenty four members be provided. Sec. 7. No apportionment, under these amendments, shall be construed to take effect in any manner, until the general election which shall succeed such apportionment. Sec. 8. The election districts for members of the House of Representatives Election Districts 1 ' established. Pendle shall be and remain as heretofore established, except Saxe Gotha and Newberry, toa chan 8 ed ' 182 °- 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 Grotha. And also except Orange and Barnwell, or Winton, in which the boundaries shall be altered as follows, viz : That part of Orange, in the fork of Edisto, shall no longer compose a part of the election district of 22 170 THE (XhNSTlIUTION OF THE Mode of altering these amendments. Barnwell or Winton, but shall henceforth be attached to, and form a part of Orange election district. Sec. 9. The Senate shall be composed of one member from each election district, as now established for the election of members of the House of Repre- sentatives, except the district formed by the parishes of St. Philip and St. Michael, to which shall be allowed two Senators, as heretofore. Sec. 10. 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 hundred and ten, shall be vacated on that day, and the new Senators who shall represent such districts under these amendments, shall, immediately after they shall have been assembled under the first election, 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 expiration of the fourth year; and the number of these classes shall be proportioned, that one half of the whole number of Senators may, as nearly as possible, continue to be chosen thereafter, every second year. Sec. 11. None of these amendments, becoming parts of the constitution of this State, shall be altered, unless a bill to alter the same shall have been read, on three several days, in the House of Representatives, and on three several days, in the Senate, and agreed to at the second and third reading, by two- thirds of the whole representation, in each branch of the Legislature ; neither shall any alteration take place, until the bill, so agreed to, be published three months previous to a new election for members to the House of Representa- tives ; and if the alteration proposed by the Legislature shall be agreed to in their first session, by two-thirds of the whole representation, in each branch of the Legislature, after the same shall have been read on three several days, in each house, then, and not otherwise, the same shall become a part of the constitution. AMENDMENT, RATIFIED DECEMBER 19, 1810. Uualifications of vo- ter changed. , That the fourth section of the first article of the constitution of this State, be altered and amended to read as follows ; Every free white man, of the age of twenty- one years, paupers and non-commissioned officers and private soldiers of the army of the United States, excepted, being a citizen of this State, and having resided therein two years previous to the day of election, and who hath STATE OF SOUTH CAROLINA. 171 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. AMENDMENT, RATIFIED DECEMBER 19, 1816. That the third section of the tenth article of the constitution of this State, Times and places for ' the meeting of the be altered and amended to read as follows ; The Judges shall, at such times meS' of theLegls"- and places as shall be prescribed by act of the legislature of this State, meet and sit for the purpose of hearing and determining all motions which may be made for new trials, and in arrest of judgment, and such points of law as may be submitted to them. AMENDMENT, RATIFIED DECEMBER 20. 1820. That all that territory lying within the chartered limits of this State, and faction District of ^ <> o ' Pendleton changed. which was ceded by the Cherokee nation, in a treaty concluded at Washington, on the twenty-second day of March, in the year of our Lord, one thousand eight hundred and sixteen, and confirmed by an act of the legislature of this State, passed on the nineteenth 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. AMENDMENT, RATIFIED DECEMBER, 19-20, 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 misbehaviour Gr e n^t e ° r f ed mpeach 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 172 TIIE CONSTITUTION OP THE STATE OP SOUTH CAROLINA. than to removal from office, and disqualification to hold any office of honor, . trust, or profit, under this State. The party convicted shall, nevertheless, he liable to indictment, trial, judgment and punishment, according to law. ah district offices to Sec. 4. All civil officers, whose authority is limited to a single election dis- trict, a single judicial district, or part of either, shall he appointed, hold their office, he 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. Removal for infirm- 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 : 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 hear- ing be allowed him. AMENDMENT, RATIFIED DECEMBER 6, 1834. oath of offioe. 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, (or affirm,) that I will be faithful, and true allegiance bear to the State of South Carolina, so long as I may con- tinue a citizen thereof; and that I am duly qualified, according to the constitu- tion 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, aud preserve, protect and defend the constitution of this State, and of the United' States : So help me God." INDEX Constitution of the State of South Carolina, Reference to the Articles, Sections, Provisions, and Amendments. Abbeville, number of Representatives. Amendment 1808 1 3 " one Senator. Amendment 1808 - 1 7 Absent members, attendance of, may be compelled by number less than a quorum -. - 111 Absence from the State, of Governor, or Lieutenant- Governor, who shall succeed in case of. See Depart. 2 5 Accept disqualifying office, if members should. See Office 1 21, 22 Act of Legislature. Amendments, 1808, S. 11 ; 1816 ; 1820 7 See Law, Houses, Legislature. Adjourn, less than a quorum may, from day to day - 1 11 " neither house shall, for more than three days, with- out the consent of the other - - 1 19 " the Governor shall adjourn the two houses, in case of disagreement Adjournment - Affirmation. Amendment 1834, Age of voter for member of either house. Amend. 1810 2 13 1,2 14, 13 ,4,5 5,2 1 4 174 INDEX TO THE CONSTITUTION OF Art. Sec. Age of Member of House of Representatives - 16 " of Senator - - - 1 8 " of Governor - - -22 Agents of Contractors - - - 1 21 Allegiance. Amendment 1834 All Saints. Amendment 1808 - - 1 3, 7 Alterations of Constitution, how to be made. Amendment 1808, sec. 11 - - 11 2 Amendments of Constitution, 1808, 1810, 1816, 1820, 1828 1834. " of 1808, how to be altered. Amendment 1808, S. 11. " and alterations of bills, by two houses Appeals. Amendment 1816 - Appointed. Amendments 1828, 1834 See Elected, Chosen, and Nomination. Appointment of Representation. Amendment 1808 Appropriation of money, how made Arrest of member or witness - " by order of House, and rescue Army of this State - " of the United States, non-commissioned officers and soldiers, not entitled to vote. Amendment 1810. Assault upon member, or witness, how punished Attainder, bill of - Auction, taxes on sales at. Amendment 1808, S. 5. Bail, excessive, not. to be required Ballot, members of the Legislature to be chosen by " officers of either house -■ " Governor, two houses jointly, to choose by " Judges, Treasurer, Secretary of State, and Surveyor General, to be chosen by joint Barnwell, (See Winton, Art. 1. Sec. 3, 7.) Amendment 1808, S. 8. 1 15 10 3 4, 6, 9, 2,5 1 3,7 1 17 1 13,14 1 14 1,2 21,6 1 13 9 2 9 4 1 2,7 1 12 2 1 THE STATE OF SOUTH CAROLINA. 175 Bills for raising revenue, shall originate in the House of Re- presentatives, but may be altered, amended, or re- jected by the Senate " other, may originate in either house, and be amended, altered, or rejected by the other " when they shall have the force of laws " readings, signing, and sealing of - " rejected, not to be brought in again without leave and notice - " of attainder - " to alter the Constitution " to alter the amendments of 1808. Amendment 1808, S. 11. 15 1 15 1 16 1 16 1 20 9 2 1 2 c. Census. Amendment 1808, S. 1, 2. Certificate of citizenship - Charleston, (including St. Philip's and St. Michael's.) Am. 1808. " one Treasurer to reside at " original books of Treasury to be kept at. Prov. " Secretary of State and Surveyor, in person, or by Deputy, to keep office at Chester. Amendment 1808 Chesterfield. Amendment 1808 Cherokee Nation, territory of, annexed to Pendleton. Amend. 1820 CJwose, Chosen. Amendment 1834. A. 1,8. 2 ; A. 1, S. V ; A. 1, S. 10, 12 ; A. 2, S. 1 ; A. 2, S. 3, 4; A. 4. See Elected and Appointed. Christ Church. Amendment 1808 - Citizens of this State, members to be chosen by " voters must be. Amendment 1810 " members of house must be - " of senate " Governor must be one 1 3,7 10 1 3 10 2 1 3,7 1 3,7 3,7 2,7 4 6 8 2 176 INDEX TO THE CONSTITUTION OP Citizens, Lieutenant-Governor must be one " general knowledge of the laws of this State, be dif- fused among the. Prov. " may continue a citizen thereof. Amendment 1834 Civil Power superior to military " officers liable to impeachment. Amendment 1828 " " " removal, by resolution. Am. 1828. " Societies - - - - Claremont. Amendment 1808 - - Clarendon. Amendment 1808 - Classes, Senators divided into two. Amend. 1808, Sec. 10. Clergymen - Columbia, seat of government " Constitution adopted at. Conclusion. " one Treasurer to reside at - " Secretary of State and Surveyor General to keep office at - - " Judges to meet at. Amendment 1816. " first meeting of Legislature to be at, in January. Prov. ..-..- " balance of Treasury books, to be lodged at. Prov. Commander-in-Chief -. Commissioners of the Treasuary. (/See Treasurers.) Commissions, in what name and form, and by whom signed " no other, except in militia, to be held by Go- vernor - See Office. " of Judges, to be during good behaviour " of the Peace, former to cease. Prov. Compensation of members of the Legislature " of Governor - " of Judges of the Supreme Courts Conclusion of prosecutions - Constitution, former, of this State. Prov. sees. 1, 8, and Preamble to Provisions " present of this State, ordained and established by delegates of the people. Preamble and Conclusion. Art. 2 10 Sec. 3 2 3,7 3,7 8 23 10 10 2 10 3 2 3 2 6 6 3 2 2 3 1 7 1 18 2 10 3 1 3 1 4 11 2 4 1 13 9 o 1 21 4 11 2,5 7,3 R o THE STATE OF SOUTH CAROLINA. 177 Constitution,oa,th to defend. Amendment 1834 " how to be altered. Amendment 1808, Sec. 11 " of the United States, oath to defend. Amend- ment 1834 Contempt of either house, what, and how punished Contracts, obligations of, not to be impaired Contractor, or his agent, excluded from the legislature Convention, delegates of the people met in, ordain the Consti- tution. Preamble and Conclusion ; Prov. " of the people, how to be called Conviction. Amendment 1828 Corporate bodies, rights of, preserved Corruption in procuring office. Amendment 1828. County Courts. Prov. 7. •• - - 1 21 Courts of Law and Equity, as established by legislature, ju- dicial power vested in - 3 1 " " " Judges of, tenure of office, and compensation " " " | " how elected • ■ " " " for Appeals. Amendment 1816 * fees of, to be regulated. Prov. - . ■ " County. Prov. 7 - Crimes, high, subject of impeachment. Amendment 1828. D. Darlington. Amendment 1808 Days of general election. Amendment 1808, Sec. 10. " of reading bills. Amendment 1808, Sec. 11. " more than three, neither house shall adjourn without the consent of the other - - " notice of six, for bringing in a rejected bill " not exceeding thirty, Governor may prohibit the expor- tation of provisions Death of member, vacancy by, how filled " of Governor, or Lieutenant-Governor, who shall succeed 23 3 1 6 1,2 10 3 4 1 21 1 3,7 1 10,22 1 16 1 19 1 20 2 9 1 22 2 5 Art. Sec. 1 13 1 22 10 2 3 3 1 12 178 INDEX TO THE CONSTITUTION OF Debate, freedom of, how secured Delegates of the people, in convention. Preamble. Depart the State, if person chosen a member should. See Absence. - Deputy of Secretary of State and Surveyor General Dignity of the State - Disorderly behaviour, each house may punish member for Disqualifying office for member of the legislature. See Office. - - - 1 22 Disqualification to hold office in case of impeachment. Am. 1828 - - - .53 District, a single election or judicial. Amendment 1828. See Election District, and the names of the several Districts. E. Edgefield. Amendment 1808 - - - 1 3, 7 Elected. A. 1, S. 3; A. 1, S. 7; A. 1, S. 22; A. 2, S. 4, 5 ; A. 2, S. 10 ; A. 6, S. 1, 2. Prov. 2, 8. See Chosen, Appointed, Nomination. Election. A. 1. S. 4, 5, 6; A. 1, S. 8, 9 ; A. 1, S. 11 ; A. 1, S. 22; A. 2, S. 1 ; Prov. 7; Amendments 1808, S. 7; 1808, S. 10, 11; 1810. Election Districts. A. 1, S. 3, 4; A. 1, S. 6; A. 1, S. 8; A. 1, S. 22. Amendments 1808, S. 2, 6, 8, 9, 10, 1810, 1820; 1828. " appointment amongst. Amendments 1808, 1820. 1 3, 7 " to remain as established. Amendments 1808, S. 8, 9 ; 1820. " in which citizens may vote " neglecting to choose a member Election general. Amendment 1808, S. 7. " new. Amendment 1808, S. 11. « Writ of - " of members of House of Representatives. Amend- ments 1808, A. 1, S.22; 1810. « of Senators. Amendments 1808, S. 9, 10 ; 1810. 1 4 1 22 1 10 11 2 1 22 1 2,3,4,5,6 17,8,9,22 Art, See. 1 12 2 2,3 6 1 6 2 THE STATE OF SOUTH CAROLINA 179 Election of officers of either house " of Governor and Lieutenant-Governor " of Judges, Treasurer, Secretary of State, and Sur- veyor General h * " of Sheriffs, and other officers " of Justices of the Peace and Justices of the County Courts. Prov. »'-•..•-'» 7 ** of rotatory officers, at first meeting of the legisla- ture. Prov. - 8 " of its members, judged of by each house - 1 11 Eligible, who may be, to a seat in the House of Represen- tatives - - - 1 6, 21, 23 " who may be, as Senator - - 1 8, 21 23 " " as Governor or Lieutenant Governor 2 2 " Treasurers, Secretary of State, Surveyor General, and Sheriffs not again, for four years. Prov. 8. 6 1, 2 " Ministers of the Gospel not eligible to legisla- ture, or office of Governor or Lieutenant Go- vernor - Enumeration of white inhabitants. Amendment 1808 Equity, Courts of. Amendment 1816 Equitable distribution of the estates of - Estate of member protected. See Qualifications. ** of societies preserved - Executive authority vested in Governor " department, officers in, to give information to Go- vernor, when required Exiled - Expenses of members - Exportation of provisions Ex post facto law - - ■• - F. Fairfield. Amendment 1808 . - - 1 3, 7 Fees not to be taken by Judges - - 3 1 " of Courts and officers, to be established. Prov. - 4 1 23 2,3 3,10 1,3 10 5 1 14 8 2 1 1 2 11 9 2 1 18 2 9 9 2 Lrt. Sec, 1 14 2 7 9 4 2 7 1 6 1 8 2 2 2 3 9 2 9 2 1 4,6,8 180 INDEX TO THE CONSTITUTION OF Felony, excepted from privilege against arrest Fines, Governor's power to remit " excessive, not to be imposed Forfeitures, Governors power to remit Fork between Broad and Saluda Rivers. Amendment 1808, S. 8. Fractions of population and taxes. Amendment 1808, S. 4, 6. Freeholds qualification of voter. Amendment 1810. " " of member of House of Represent- atives " " of Senator - " " of Governor " " of Lieutenant-Governor " " of freemen not to be disseized of Freeman of this State - Free white man. Amendment 1810. 3 5. The Senate shall choose their other officers, and also a President pro- other office™, tempore, in the absence of the Vice-President, or when he shall exercise the office of President of the United States. 6. The Senate shall have the sole power to try all impeachments : when impeachments. sitting for that purpose, they shall be on oath or affirmation. When the Presi- dent of the United States is tried, the Chief Justice shall preside : and no Trial, person shall be convicted, without the concurrence of two-thirds of the members present. 7. Judgment, in cases of impeachment, shall not extend farther than to Judsmeut. removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit, under the United States; but the party convicted shall, never- theless, be liable and subject to indictment, trial, judgment, and punishment, ■according to law. SECTION IV. 1. The times, places, and manner of holding elections for Senators and Elections* Representatives, shall be prescribed in each State, by the legislature thereof; Legislature a»a but the Congress may, at any time, by law, make or alter such regulations, ongress ' except as to the places of choosing Senators. 2. The Congress shall assemble at least once in everv vear, and such meet- ° J J ' *~" Annual meeting : ing shall be on the first Monday in December, unless they shall, by law, appoint Day. a different da v. SECTION V. „ . „,, Houses several/!/ . 1. Each House shall be the judge of theelections, returns, and qualifications, to judge. of its own members, and a majority of each, shall constitute a quorum to do Q uorum - 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 each House may provide. 2. Each House may determine the rules of its proceedings, punish it mem- Rules. bers for disorderly behaviour, and, with the concurrence of two-thirds, expel a BxpeU •member. 3. Each House shall keep a journal of its proceedings, and from time to journals. time publish the same, excepting such parts as may, in their judgment, require •secrecy, and the yeas and nays of the members of either House, on any question, Yeas and Nays. shall, at the desire of -one-fifth of those present, be entered on the journal. 204 Adjournment. TIIE CONSTITUTION OF 4. Neither House, during the Sesssion of Congress, shall, 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. Compensation. Privileges. Office. SECTION VI. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the Treasury of the United States, They shall,, in all cases except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respect- ive Houses, 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. 2. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time ; and no person holding any office under the United States, shall be a member of either House, during his continuance in office. SECTION VII. • # Bills- 1. All bills for raising revenue, shall originate in the House of Representa- tives, but the Senate may propose, or concur with, amendments, as on other bills.. Qualified veto of 2. Every bill which shall have passed the House of Representatives and the President. J r r Senate, shall, before it become a law, be presented to the President of the United States ; if he approve, he shall sign it, but if not, he shall return it, with his objections, to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to re-consider it. If, after such re -consideration, 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 re-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 on the journal of each House respectively. If any bill shall not be returned by the President, within ten 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, unless the Congress, by their adjourn- ment, prevent its return,, in which case it shall not be a law. Proceedings after bis objections. THE UNITED STATES OE AMERICA. 205 3. Every order, resolution, or vote, to which the concurrence of the Senate Every order, resolu- tion, &c., as bill. and House of Representatives may be necessary, (exeept on a question of adjournment,) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or, being disapproved by him, shall be re-passed by two-thirds of the Senate and House of Repre sentatives, according to the rules and limitations prescribed in the case o SECTION VIII. 1. The Congress shall have power to lay and collect taxes, duties, and excises, to pay the debts and provide for the common defence and welfare of the United States; but all duties, imposts and excises shal uniform throughout the United States; 2. To borrow money on the credit of the United States ; Borrow money. 3. To regulate commerce with foreign nations, and among the several States commerce. and with the Indian tribes ; 4. To establish an uniform rule of naturalization, and uniform laws on the Naturalization, &o. subject of bankruptcies throughout the United States ; 5. To coin money, regulate the value thereof, and of foreign coin, and fix coin,&c. the standard of weights and measures ; 6. To provide for the punishment of counterfeiting the securities and current counterfeiting. coin of the United States ; 7. To establish post offices and post roads ; Post offices, &c. 8. To promote the progress of science and useful arts, by securing for lim- science and Arts. ited times to authors and inventors the exclusive right to their respective writings and discoveries ; 9. To constitute tribunals inferior to the supreme court ; courts. 10. To define and punish piracies and felonies committed on the high seas, piracies. and offences against the law of nations : 11. To declare war, grant letters of marque and reprisal, and make rules war,&c concerning captures on land or water ; 12. To raise and support armies, but no appropriation of money to that use Armies, shall be for a longer term than two years ; 13. To provide and maintain a navy ; Navy. 14. To make rules for the government and regulation of the land and naval Rules for forces. forces ; 15. To provide for calling forth the militia to execute the laws of the Union, Mmtia * suppress insurrections and repel invasions ; 206 THE CONSTITUTION Of Reservation to 16. To provide for organizing, arming, and disciplining, the militia, and for governing sucli part of them as may be employed in the service of the United States, reserving to the States respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress ; Exclusive legislation 17. To exercise exclusive legislation in all cases whatsoever, over such dis- over 10 miles. trict (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the Legislature of the State in which the same shall be, for the erection of Places for forts, &c. forts, magazines, arsenals, dock-yards, and other needful buildings; And L ro W er necessaryand ^' ^° ma ke au< l aws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States, or in any department or office thereof Express Prohibi- tions. Upon Congress. SECTION IX. importation of per- 1. The migration or importation of such persons as any of the States now sons before 1308. see Art. 5. existing shall think proper to admit, shall not be prohibited by the Congress, Tax. prior to the year eighteen hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. Habeas corpus. 2. The privilege of the writ of Habeas Corpus shall not be suspended, upon ' appointment of appoint ambassadors, other public ministers and consuls, judges of the supreme °" cers - court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law : But the Congress may by law vest the appointment of such inferior officers, as they inferior officer* think proper, in the President alone, in the courts of law, or in the heads of departments. 3. The President shall have power to fill up all vacancies that may happen vacancies in reces». during the recess of the Senate, by granting commissions, which shall expire at the end of their next session. SECTION III. Puties of pees;- DENT. 1. He shall, from time to time, give to the Congress information of the state Recommend. of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene Convene Houses. both Houses, or either of them, and in case of disagreement between them, Adjourn. with respect to the time of adjournment, he may adjourn them to such time as ^ eive AmbM »- he shall think proper ; he shall receive ambassadors and other public ministers ; Laws Execute. be shall take care that the laws be faithfully executed, and shall commission all commissions, the officers of the United States, SECTION IV. Sr s IM - 2. The President, Vice-President and all civil officers of the United States, who riiabie to and for what, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors, 27 210 JUDICIAL POWER. THE CONSTITUTION 0T AUTICLE III. SECTION I. Judges : tenure and compensation. 3 The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may, from time to time, ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour ; and shall, at stated times, receive for their services, a compensation which shall not be diminished during their continuance m office. Jurisdiction of U. States court. SECTION II, Nature of the mat ter. Character of the jarty. 1. The judicial power shall extend to all eases inlaw and equity,, arising under this Constitution, the laws of the United States,, and treaties made, or which shall be made, under their authority : to all cases affecting ambassadors, other public ministers and consuls ; to all cases of admiralty and maratime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more States ; between a State and citizens of another State ; between citizens of different States ; between citizens of the same State, claiming land3 under grants of different States ; and between a State, or the citizens thereof, and foreign States, citizens or subjects. 2. In all cases affecting ambassadors, other public ministers and consuls,, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions* and under such regulations, as the Congress shall make. jury trial of crime< 3. The trial of all crimes, except in cases of impeachment, shall be by jury, and such trial shall be held in the State where the said crimes shall have been committed ; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed.. Supreme Court, original and ap- pellate. SECTION III. TREASON. 1. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. THE UNITED STATES 01 A.UEKICA. No person shall be convicted of treason, unless on the testimony of two wit- nesses to the same overt act, or on confession, in open court. 2. The Congress shall have power to declare the punishment of treason ; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. ARTICLE IV, 211 SECTION I. Betwee the States. Full faith and credit shall be given in each State, to the public acts, records, ^jfijj"** * c - and judicial proceedings of every other State. And the Congress may, by general laws, prescribe the manner in which such acts, records and proceedings, shall be proved, and the effect thereof. SECTION II. 1. The citizens of each State, shall be entitled to all privileges and immuni- citizens 4 P rmie 5 ei. ties of citizens in the several States. 2. A person charged in any State, with treason, felony, or other crime, who Persons charged with crimes, fleeing. shall flee from justice, and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime. 3. No person held to service or labor in one State, under the laws thereof Persons hew to ser. -vice, escaping. escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up, on claim of the party to whom such service or labor may be due SECTION III. 1. New States may be admitted, by the Congress, into this Union; but no NewStatef new State shall be formed or erected, within the jurisdiction of any other State, nor any State be formed by the junction of two or more States, or parts of States, without the consent of the legislature of the States concerned, as well as of the Congress. 212 the constitution of Territory or prop- erty of U. States. Claims preserved. 2. The Congress shall have power to dispose of, and make all needful rules and regulations respecting the territory or other property belonging to the United States ; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State. SECTION IV. aSSSm (otL, »nd r ^ ne United States shall guaranty to every State in this Union, a Republican protection. ^ m ^ Government, and shall protect each of them against invasion ; and, on application of the legislature, or of the executive, (when the legislature cannot be convened,) against domestic violence. ARTICLE ■ V. Amendment!. The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose amendments to this Constitution ; or, on the application of the legislatures of two-thirds of the several States, shall call a convention for pro- posing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the Legislatures of three-fourths of the several States, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress ; Provided, That no amendment which may be made prior to the year one thou- sand eight hundred and eight, shall in any manner affect the first and fourth clauses in the ninth section of the first article : and that no State, without its consent, shall be deprived of its equal suffrage in the Senate. ARTICLE VI. Former obligations 1. All debts contracted, and engagements entered into, before the adoption of the U. States ° ° t maintained. f t hj s Constitution, shall be as valid against the United States, under this Constitution, as under the Confederation. 2. This Constitution, and the laws of the United States, which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land ; and the Snprwn* Iaw. TI1IC UNITED STATES OF AMERICA. 213 Judges in every State shall be bound thereby ; any thing in the constitution or laws of any State to the contrary notwithstanding. 3. The Senators and Representatives before mentioned, and the members of oath to support -i 11 • • i this constitution. the several State Legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirma- tion, to support this Constitution : but no religious test shall ever be required as a qualification to any office or public trust under the United States. ARTICLE VII. 1. The ratification of the conventions of nine States, shall be sufficient for Ratification to cs. ■ taolisn constitution. the establishment of this Constitution, between the States so ratifying the same. Done in Convention, by the unanimous consent of the States present, the conclusion. seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the Independence of the United States of America, the twelfth. In witness whereof, we have hereunto subscribed our names. GrEORCE WASHINGTON, President, and Deputy from Virginia. New Hampshire. John Langdon, Nicholas Oilman. Massachusetts. Nathaniel Gorham, Rufus King. Connecticut. William Samuel Johnson, Roger Sherman. New York. Alexander Hamilton. Delaware. G eorge Reed, Gunning Bedford, Jun., John Dickinson, Richard Bassett, Jacob Broom. Maryland. James M'Henry, Daniel of St. Thomas Jenifer, Daniel Carrol. •214 THE CONSTITUTION OP New-Jersey. William Livingston, David Brearly, William Patterson, Jonathan Dayton. Pennsylvania. Benjamin Franklin, Thomas Mifflin, Robert Morris, George Clymer, Thomas Fitzsimons, Jared Ingersoll, James Wilson, G-ouverneur Morris. Attest, Virginia. John Blair, James Madison, Jun. North- Carolina. William Blount, Richard Dobbs Spaight, Hugh Williamson. South- Carolina. John Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, Pierce Butler. Georgia, William Few. Abraham Baldwin. WILLIAM JACKSON, Secretary. IN CONVENTION. Provisional recom m on <1 at ion. Monday, September, 17th, 1787. Present — The State of New Hampshire, Massachusetts, Connecticut, Mr Hamilton, from New York, New Jersey, Pennsylvania, Delaware, Maryland Virginia, North Carolina, South Carolina, and Georgia. Resolved, That the preceding Constitution be laid before the United States in Congress assembled, and that it is the opinion of this Convention, that it should afterwards be submitted to a Convention of delegates, chosen in each State, by the people thereof, under the recommendation of its Legislature, for their assent and ratification ; and that each Convention assenting to, and rati- fying the same, should give notice thereof to the United States, in Congress assembled. Resolved, That it is the opinion of this Convention, that, as soon as the Convention of nine States shall have ratified this Constitution, the United THE UNITED STATES OF AMERICA. '21 States, in Congress assembled, should fix a day on which electors should be appointed by the States -which shall have ratified the same, and a day on which electors should be assembled to vote for the President, and the time and place for commencing proceedings under this Constitution. That after such publica- tion, the electors should be appointed, and the Senators and Representatives elected : That the electors should meet on the day fixed for the election of the President, and should transmit their votes certified, signed, sealed, and directed, as the Constitution recpaires, to the Secretary of the United States, in Congress assembled, that the Senators and Representatives should convene at the time and place assigned ; that the Senators should appoint a President of the Senate, for the sole purpose of receiving, opening, and counting the votes for the President ; and, that after he shall be chosen, the Congress, together with the President, should, without delay, proceed to execute this Constitution. By the 'unanimous order of the Convention, GEO. WASHINGTON, President. W. Jackson, Secretary. IN CONVENTION. September 17th, 1787. Sir : We have now the honor to submit to the consideration of the United Report from the Convention, to the States, in Congress assembled, that Constitution which has appeared to us the Sfa!" 1800 " most advisable. The friends of our country have long seen and desired, that the power of making war, peace, and treaties ; that of levying money, and regulating com- merce, and the correspondent executive and judicial authorities, should be fully and effectually vested in the general government of the Union ; but the impro- priety of delegating such extensive trust, to one body of men, is evident — - hence results the necessity of a different organization. It is obviously impracticable in the federal government of these States, to secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all. Individuals entering into society, must give up a share of liberty to preserve the rest. The magnitude of the sacrifice must depend, as well on situation and circumstances, as on the object to be obtained. $214 THE CONSTITUTION OT It is at all times difficult to draw, with precision, the line between those rights which must be surrendered, and tliose which may be reserved ; and on the present occasion, this difficulty was increased by a difference among the several States, as to their situation, extent, habits, and particular interests. In all other deliberations on this subject, we kept steadily in our view, that which appears to us the greatest interest of every true American, the consoli- dation of our Union, in which is involved our prosperit}-, felicity, safety — - perhaps our national existence. This important consideration, seriously and deeply impressed on our minds, led each State in the convention to be less rigid on points of inferior magnitude, than might have been otherwise expected ; and thus, the constitution which we now present, is the result of a spirit of amity and of that mutual deference and concession, which the pecidiarity of our situa- tion rendered indispensable. That it will meet the full and entire approbation of every State, is not, perhaps, to be expected ; but each will doubtless consider, that had her interest alone been consulted, the consequences might have been particularly disagree- able or injurious to others ; that it is liable to as few exceptions as could reasonably have been expected, we hope and believe ; that it may promote the lasting welfare of that country so dear to us all, and secure her freedom and happiness, is our most ardent wish. With great respect, we have the honor to be, sir, your Excellency's most obedient and humble servants. By the unanimous order of the Convention : GEO. WASHINGTON, President, flis Excellency the President of Congress.. THE UNITED STATES IN CONGRESS ASSEMBLED. Friday, September 28th, 1787, Present — New Hampshire, Massachusstts, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, and Georgia ; and from Maryland, Mr. Ross. 1 THE UNITED STATES OF AMERICA. 217 Congress having received the report of the Convention, lately assembled at Philadelphia, Resolved, unanimously, That the said report, with the resolutions and letter iteration ofCon- accompanying the same, be transmitted to the several legislatures, in order to submit to a convention of delegates, chosen in each State, by the people thereof, in conformity to the resolves of the Convention, made and provided in that case. CHARLES THOMPSON, Secretary. AMENDMENTS. ARTICLE THE FIRST, Further Express- Congress shall make no law respecting an establishment of religion, or pro- Rights declared. hibiting the free exercise thereof; or abridging the freedom of speech, or of the |pS?' press; or the right of the people peaceably to assemble, and to petition the Petition. government for a redress of grievances. ARTICLE THE SECOND. A well regulated militia being necessary to the security of a free State, the Si* - right of the people to keep and bear arms, shall not be infringed. ARTICLE THE THIRD. No soldier shall, in time of peace, be quartered in any house, without the ssidier quartered. consent of the owner ; nor in time of war, but in a manner to be prescribed bylaw. ARTICLE THE FOURTH. The right of the people to be secure in their persons, houses, papers, and searches and se&- effects, against unreasonable searches and seizures, shall not be violated; and Wwrr * a< * 28 218 THE CONSTITUTION OF eb prohibitions, no warrants shall issue, but upon probable cause, supported by oath or affirma- RigUs declared _ r r ff ^ - tion, and particularly describing the place to be searched, and the persons or things to be seized. ARTICLE THE FIFTH. No person shall be held to answer for a capital or otherwise infamous crime, Gtana jury. unless on a presentment or indictment of a grand jury, 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 Twice in jeopardy. \) Q twice put in jeopardy of life or limb ; nor shall be compelled, in any criminal Witness against himself. Deprived of life, Private property himsdff "* ins case, to be a witness against himself; nor be deprived of life, liberty, or property Deprived of life, &e ° , „ . Private property Wltn <>ut due process of law ; nor shall private property be taken for public use, for P ub& use. w i t h out j ust compensation. ARTICLE THE SIXTH. In all criminal prosecutions, the accused shall enjoy the right to a speedy jury of state and an< l public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously Nature of accusa- aseer tained by law ; and to be informed of the nature and cause of the accusa- confronted ** on » *° ^ e con fr° n t e( l with *^ e witnesses against him ; to have compulsory process for obtaining witnesses in his favor ; and to have the assistance of eoun- Process for wit- nesses. se i f or jjj s defence. ARTICLE THE SEVENTH. In suits at common law, where the value in controversy shall exceed twenty jurytnai m cmi dollars, the right of trial by jury shall be preserved ; and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than accord- ing to the rules of the common law. ARTICLE THE EIGHTH. Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishment. an( 3 unusual punishments inflicted. THE UNITED STATES OF AMERICA. 219 Further Express- ARTICLE THE NINTH. ASSERT The enumeration in the Constitution, of certain rights, shall not be construed ^3*$$?* to deny or disparage others retained by the people. ARTICLE THE TENTH. The powers not delegated to the United States, by the Constitution, nor Powwirty** prohibited by it to the States, are reserved to the States respectively, or to the people. ARTICLE THE ELEVENTH. The judicial power of the United States, shall not be construed to extend to stat"'by S dtheu ot any suit in law or equity, commenced or prosecuted against one of the United 8U jec ' States, by citizens of another State, or by citizens or subjects of any foreign m t State. ARTICLE THE TWELFTH. 1. The electors shall meet in their respective States, and vote, by ballot, for Election for presi- 1 -TT' T-»«l 1 1 111 1 -l-l. dent !ln ^ V ' Ce Pfe ' President and Vice President, one ot whom, at least, shall not be an inhabitant si3 THE UNITED STATES OF AMERICA, 245 to support this Constitution See President: Vice President. Order, power of each house to preserve - - 1 5 9 requiring concurrence, to be presented to President 17 3 2 2 1 4 2 3 1 3 7 3 2 2 1 7 2 1 8 8 1 6 1 1 10 3 P. Papers, right to be secure in. Amend. 4. Pardons, power to grant - Party to whom service or labor may be due, on claim of ** convicted on trial of impeachment " cases in which State shall be a. Amend. 11. Passed, bill - Pay. See Compensation. Patent to authors and inventors • - - Peace, breach of - " time of. Amend. 3. - See Treaty. People of the United States. Preamble. " of the several States - - 1 2 1 " right of the, to assemble and petition. Amend. 1. " right of the, to be secure. Amend. 4. " rights retained by the, Amend. 9. " powers reserved to the. Amend. 10. Persons, free - - - - 12 2 " all other. A. 5. - - - 1 2, 9 2, 4 " bound to service for a term of years - 12 2 " held to service or labor - - 4 2 3 " such as any of the States now existing shall think proper to admit. A. 5. - - 1 9 1 " fleeing from justice into another State - 4 2 2 " right to be secured in. Amend. 4. " of members privileged from arrest - 16 1 Petition, right to assemble and. Amend. 1. Piracies - - - - -18 10 Place of holding elections and of choosing Senators 14 1 " of sitting, one house cannot change 15 4 246 INDEX TO THE CONSTITUTION OF Place for seat of government 1 " for fort, magazine, or other needful building - 1 " for trial of crimes. Amend. 6. - - 3 *' to be searched. Amend. 4. Ports, no preference between 1 Post Offices and post roads - - - 1 Powers of Congress. See Congress. - - 1 " of President. See President U. S. 1 " restraints on those of General Government. Amend- ments 1-11. A. 5. - 1 See Congress : President U. S : Courts. " restraints on those of State. Amend. 10. 1 See States. " of amendment and restraints on - - 5 " laws to carry into execution 1 " not delegated, are reserved. Amend. 10. Presentment of Grand Jury. Amend, 5. Presents - - - - 1 President of the Senate, Vice-President shall be - 1 " ** pro tern., Senate shall choose in ab- sence of Vice-President, or when he is acting as President 1 " ** -shall open certificates of votes of electors. Amend. 12, c. 1. President of the United States, executive power vested in " " term of office, four years " " how elected. Am. 12, c. 1. " " qualifications for office " " vacancy in office, and disa- bility provided for Amend. 12, c. 1. " " may be elected, when Presi- dent and Vice-President both under disability " " compensation, neither to be increased or diminished M io receive no other emolu- ment 8 2 9 10 17 17 3 6 7 18 1 2,3 1 5 1 6 1 6 1 7 1 7 THE UNITED STATES OF AMERICA. 247 Art. Sec. Clause. President of the United States, oath of office 2 1 8 " may be removed on impeach- ment, and for what 2 4 " when tried, Chief Justice shall preside - 1 3 6 shall sign bill passed, if he approve, if not, return it with objections - 1 7 2 if he do not return bill with- in ten days, (Sundays ex- cepted,) it shall be a law, unless Congress prevent its return, by adjournment 17 2 his approval of every order, resolution, vote, &c, re- quired as in case of bill 1 7 3 shall be Commander-in-Chief 2 2 1 may require written opinions from principal Executive Officers - 2 2 1 may grant reprieves and par- dons • 2 2 1 power to make treaties, two- thirds of the Senators concurring - 2 2 2 to nominate Ambassadors and other officers, and with the consent of Senate, ap- point - - 2 2 2 " may be vested with sole pow- er of appointing inferior officers - 2 2 2 to fill vacancies during recess, by commissions, to expire at end of next session 2 2 3 shall give information, and recommend measures to Congress - 2 3 248 INDEX TO THE CONSTITUTION OF Art. Sec. Clauce. President of tlie United States may convene both houses, or either of them 2 3 " " in case of their disagreement as to the time of adjourn- ment, may adjourn them 2 3 " " shall receive Ambassadors and other public Ministers 2 3 " " shall take care that the law be faithfully executed 2 3 ^v I ,W >' /fr#J^: :>•; » &• : '" TSi £& f ( .-? SE£ # * : '-t. *5.! 3d a» * afc IE ^^Pm XMfr*? m fc£ DKw :! *r. ^- ; i_^ &>/*:' CWfc! BhSSk "* ,m ' . h j* *s*< 4 7" ~T ■iSTi ?^gi ^ Rid ^