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sembly, and three by the legislative council; Provided always, that no officer in the army or navy in the service of the continent, or of this colony, 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 assembly.

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 power 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 necessary, 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 council, be brought in again.

IX. 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 council 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 general 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 October. The general assembly to consist of the same number of members as this Congress does, each parish and district having the same representation as at present, viz.: the parish of St. Philip and St. Michael, Charlestown, 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 members; the parish of St. Bartholemew, six members; the parish of St.

CONSTITUTION

OF

1776.

OF

1776.

CONSTITUTION Helena, six members; the parish of St. James Santee, six members; the 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 district 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 district, 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 members; the parish of St. Mathew, six members; the parish of St. David, six members; the district between Savannah river and 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 preceding 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 qualifications 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 construed 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, after 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 officer 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 maritime causes.

OF

1776.

XVIII. That all suits and process depending in any court of law or CONSTITUTION equity, may, if either party shall be so inclined, be proceeded in and continued to a final ending, without being obliged to commence de novo. 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 Assembly 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.

XXI. That Sheriff's qualified as by law directed, shall be chosen in like manner by the General Assembly and Legislative Council, and commissioned 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 General 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 Council, may appoint others in their stead, until there shall be an election by the General Assembly and Legislative council to fill their vacancies respectively.

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 power 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 council respectively.

XXVIII. That the resolutions of the Continental Congress,now of force in this colony, shall so continue until altered or revoked by them.

CONSTITUTION

OF 1776.

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.

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*ACT ESTABLISHING AN OATH OF ABJURATION AND

ALLEGIANCE.

PASSED 13TH FEBRUARY, 1777.

SOUTH CAROLINA.

At a General Assembly begun and holden at Charlestown, on Friday, the sixth day of December, in the year of our Lord one thousand seven hundred and seventy-six, 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.

AN ORDINANCE

FOR ESTABLISHING 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,

* This act is taken from the original manuscript.

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