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sembly, and three by the legislative council; Prorided always, that no cosmotion
officer in the army or navy in the service of the continent, or of this col-
ony, shall be eligible. And a member of the general assembly, or of
the legislative council, being chosen of the privy council, shall not thereby
lose his seat in the general assembly, or in the legislative council, unless
he be elected Vice President of the colony, in which case, he shall, and
another person shall be chosen in his stead. The privy council (of which
four to be a quorum) to advise the President and Commander in Chief
when required, but he shall not be bound to consult them, unless in cases
after mentioned. *
VI. That the qualifications of President and Commander in Chief, and
Vice President of the colony, and members of the legislative and privy
council, shall be the same as of members of the General Assembly, and
on being elected they shall take an oath of qualification in the general
VII. That the legislative authority be vested in the President and
Commander in Chief, the General Assembly and legislative council.
All money bills for the support of government shall originate in the
general assembly, and shall not be altered or amended by the legislative
council, but may be rejected by them. All other bills and ordinances may
take rise in the general assembly or legislative council, and may be altered,
amended or rejected by either. Bills having passed the general assembly
and legislative council, may be assented to or rejected by the President
and Commander in Chief. Having received his assent, they shall have
all the force and validity of an act of general assembly of this colony. And
the general assembly, and legislative council respectively, shall enjoy all
other privileges which have at any time been claimed or exercised by the
Commons house of Assembly, but the legislative council shall have no
ower of expelling their own members.
VIII. That the general assembly and legislative council may adjourn
themselves respectively, and the President and Commander in Chief shall
have no power to adjourn, prorogue or dissolve them, but may, if necessa-
ry, call them before the time to which they shall stand adjourned. And
where a bill has been rejected, it may, on a meeting after an adjournment
of not less than three days of the general assembly and legislative coun-
cil, be brought in again. .
1X. That the general assembly and legislative council shall each choose
their respective speakers, and their own officers, without control.
X. That if a member of the general assembly or of the legislative coun-
cil shall accept any place of emolument or any commission except in the
militia, he shall vacate his seat,and there shall thereupon be a new election,
but he shall not be disqualified from serving upon being re-elected.
XI. That on the last Monday in October next, and the day following,
and on the same days of every second year thereafter, members of the gen-
eral assembly shall be chosen, to meet on the first Monday in December
then next, and continue for two years from the said last Monday in Octo-
ber. The general assembly to consist of the same number of members as
this Congress does, each parish and district having the same representa-
tion as at present, viz.: the parish of St. Philip and St. Michael, Charles-
town, thirty members; the parish of Christ Church, six members; the
parish of St. John in Berkely county, six members; the parish of St.
Andrew, six members; the parish of St. George Dorchester, six members;
the parish of St. James Goose Creek, six members; the parish of St.
Thomas and St. Dennis, six members; the parish of St. Paul, six mem-
bers; the parish of St. Bartholemew, six members; the parish of St.
o CossTrootion Helena, six members; the parish of St. James Santee, six members; the of
parish of Prince George, Winyaw, six members; the parish of Prince
Frederick, six members ; the parish of St. John, in Colleton County, six.
members; the parish of St. Peter, six members; the parish of Prince
William, six members; the parish of St. Stephen, six members; the dis-
trict to the eastward of Wateree river, ten members; the district of Ninety
six, ten members ; the district of Saxe Gotha, six members ; the district
between Broad and Saluda rivers, in three divisions, viz: the lower dis-
trict, four members; the Little River district, four members; the upper or
Spartan district, four members; the district between Broad and Catawba
rivers, ten members; the district called the New Acquisition, ten mem-
bers; the parish of St. Mathew, six members; the parish of St. David, six
members; the district between Savannah river aid the North fork of Edisto,
six members. And the election of the said members shall be conducted
as near as may be agreeable to the directions of the election act; and where
there are no churches or church wardens in a district or parish, the general
assembly, at some convenient time before their expiration, shall appoint
places of election, and persons to receive votes and make returns. The
qualifications of electors shall be the same as required by law ; but
persons having property, which, according to the rate of the last prece-
ding tax, is taxable at the sums mentioned in the election act, shall be .
entitled to vote, though it was not actually taxed, having the other qualifi-
cations mentioned in that act; electors shall take an oath of qualification,
if required by the returning officer. The qualification of the elected to
be the same as mentioned in the election act, and construcd to mean clear
of debt. -
XII. That if any parish or district neglects or refuses to elect members,
or if the members chosen do not meet in General Assembly, those who
do meet shall have the powers of a General Assembly; not less than forty
nine members shall make a house to do business, but the speaker or any
seven members may adjourn from day to day.
XIII. That as soon as may be, aster the first meeting of the General
Assembly, a President and Commander in Chief, a Vice President of the
Colony and privy Council, shall be chosen in manner and for the time
above mentioned, and till such choice be made, the former President and
Commander in Chief, and Vice President of the Colony and privy coun-
cil, shall continue to act as such.
XIV. That in case of the death of the President and Commander in
Chief, or his absence from the Colony, the Vice President of the Colony
shall succeed to his office, and the privy council shall choose out of their
own body a Vice President of the Colony; and in case of the death of
the Vice President of the Colony, or his absence from the Colony, one of
the privy council (to be chosen by themselves) shall succeed to his office,
until a nomination to those offices respectively, by the General Assembly
and Legislative Council, for the remainder of the time for which the offi-
cer so dying or being absent, was appointed. -
XV. That the delegates of this Colony in the Continental Congress, be
chosen by the General Assembly and Legislative Council, jointly by ballot
in the General Assembly.
XVI. That the Vice President of the Colony and the Privy Council, or
the Vice President and a majority of the Privy Council for the time being,
shall exercise the powers of a Court of Chancery, and there shall be an
Ordinary who shall exercise the powers heretofore exercised by that officer
in this Colony.
XVII. That the jurisdiction of the Court of Admiralty be confined to
XVIII. That all suits and process depending in any court of law or Constitution - F.
equity, may, if either party shall be so inclined, be proceeded in and con
tinued to a final ending, without being obliged to commence de noro. And
the judges of the courts of law shall cause jury lists to be made, and juries
to be summoned, as near as may be, according to the directions of the acts
of the General Assembly in such cases provided.
XIX. That justices of the peace shall be nominated by the General As-
sembly and commissioned by the President and Commander in Chief,
during pleasure. They shall not be entitled to fees except on prosecu.
tions for felony, and not acting in the magistracy, they shall not be entitled
to the privileges allowed to them by law.
XX. That all other judicial officers shall be chosen by ballot, jointly by
the General Assembly and Legislative Council, and except the judges of
the Court of Chancery, commissioned by the President and Commander
in Chief, during good behaviour, but shall be removed, on address of the
General Assembly and Legislative Council. t
XXI. That Sheriffs qualified as by law directed, shall be chosen in like
manner by the General Assembly and Legislative Council, and commis-
sioned by the President and Commander in Chief for two years only.
XXII. That the Commissioners of the Treasury, the Secretary of the
Colony, Register of mesne conveyances, Attorney General, and powder
receiver, be chosen by the General Assembly and Legislative Council,
jointly by ballot, and commissioned by the President and Commander in
Chief during good behaviour, but shall be removed on address of the Gen-
eral Assembly and Legislative Council. -
XXIII. That all field officers in the army, and all captains in the navy,
shall be, by the General Assembly and Legislative Council, chosen jointly
by ballot, and commissioned by the President and Commander in Chief,
and that all other officers in the army or navy shall be commissioned by
the President and Commander in Chief.
XXIV. That in case of vacancy in any of the offices above directed to
be filled by the General Assembly and Legislative Council, the President
and Commander in Chief, with the advice and consent of the Privy Coun-
cil, may appoint others in their stead, until there shall be an election by
the General Assembly and Legislative council to fill their vacancies res-
XXV. That the President and Commander in Chief, with the advice
and consent of the Privy Council, may appoint during pleasure, until
otherwise directed by resolution of the General Assembly and Legislative
Council, all other necessary officers, except such as are by law directed to
be otherwise chosen.
XXVI. That the President and Commander in Chief shall have no pow-
er to make war or peace, or enter into any final treaty, without the consent
of the General Assembly and Legislative Council.
XXVII. That if any parish or district shall neglect to elect a member or
members on the day of election, or in case any person chosen a member of
the General Assembly shall refuse to qualify and take his seat as such, or
die, or depart the Colony, the said General Assembly shall appoint proper
days for electing a member or members of the said General Assembly in
such cases respectively; and on the death of a member of the legislative
or privy council, another member shall be chosen in his room, in manner
above mentioned, for the election of members of the legislative and privy
XXVIII. That the resolutions of the Continental Congress, now of force
in this colony, shall so continue until altered or revoked by them.
XXIX. That the resolutions of this or any former Congress of this colony, and all laws now of force here (and not hereby altered) shall so continue, until altered or repealed by the legislature of this colony, unless where they are temporary, in which case they shall expire at the times respectively limited for their duration. XXX. That the executive authority be vested in the President and Commander in Chief, limited and restrained as aforesaid. XXXI. That the President and Commander in Chief, the Vice President of the colony and privy council respectively, shall have the same personal privileges as are allowed by act of assembly, to the Governor, Lieutenant Governor, and privy council. XXXII. That all persons now in office shall hold their commissions until there shall be a new appointment in manner above directed, at which time all commissions not derived from authority of the congress of this colony, shall cease and be void. XXXIII. That all persons who shall be chosen and appointed to any office or to any place of trust, before entering upon the execution of office, shall take the following oath: “I, A. B. do swear that I will, to the utmost of my power, support, maintain and defend the Constitution of South Carolina, as established by Congress on the twenty-sixth day of March, one thousand seven hundred and seventy six, until an accommodation of the differences between Great Britain and America shall take place, or I shall be released from this oath by the legislative authority of the said colony—So help me God.” And all such persons shall also take an oath of office. XXXIV. That the following yearly salaries be allowed to the public
officers undermentioned : the President and Commander in Chief, nine
thousand pounds; the Chief Justice and the Assistant Judges, the salaries, respectively, as by act of Assembly established ; the Attorney General, two thousand one hundred pounds, in lieu of all charges against the public for fees upon criminal prosecutions ; the Ordinary, one thousand pounds; the three Commissioners of the Treasury, two thousand pounds each ; and all other public officers shall have the same salaries as are allowed such officers, respectively, by act of Assembly.
By order of the Congress, March 26th, 1776.
WILLIAM HENRY DRAYTON, President.
PETER TIMOTHY, Secretary.
* ACT ESTABLISHING AN OATH OF ABJURATION AND ALLEGIANCE.
PASSED 13 TH FEBRUARY, 1777.
At a General Assembly begun and holden at Charlestown, on Friday, the sirth day of December, in the year of our Lord one thousand seven hundred and
serent/-sir, and from thence continued by divers adjournments to the thirteenth
day of February, in the year of our Lord one thousand seven hundred and seventy-seven.
For Est ABL is HING AN OATH of ABJURATION AND ALLEGIANCE.
Whereas, in all States, Protection and Allegiance are or ought to be reciprocal, and those who will not bear the latter are not entitled to the benefits of the former, Be it therefore Ordained, by his Excellency John Rutledge, Esquire, President and Commander in Chief, in and over the State of South Carolina, by the Honourable the Legislative Council and General Assembly of the said State, and by the authority of the same, That the President and Commander in Chief for the time being, with the advice of the Privy Council, shall appoint proper persons to administer the following Oath to all the late Officers of the King of Great Britain, and all other persons (other than prisoners of war) who now are, or hereafter may come into this State, as they, the said President and Privy Council shall suspect of holding principles injurious to the rights of this State: “I, A. B. do acknowledge the State of South Carolina is and of right ought to be a free, independent, and sovereign state, and that the people thereof owe no allegiance or obedience to George the Third, King of Great Britain, and I do renounce, refuse, and abjure, any allegiance or obedience to him ; and I do swear (or affirm, as the case may be) that I will to the utmost of my power, support, maintain and defend the said State against the said King George the Third, and his heirs and successors, and his or their abbettors, assistants and adherents. And I do farther swear that I will bear Faith and true Allegiance to the said State,