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OF

S. CAROLINA.

CONSTITUTION Such times 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 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 in office, for corruption in procuring office, or for any act which shall degrade their official character. But judgement, in such cases, shall not extend farther than to removal from office, and disqualification to hold any office of honour, trust, or profit, under this State. The party convicted shall, nevertheless, be liable to indictment, trial, judgment and punishment, according to law.

Sec. 4. All civil officers, whose authority is limited to a single election district, a single judicial district, or part of either, shall be appointed, hold their office, be 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.

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 hearing be allowed him.

AMENDMENT, RATIFIED DECEMBER 6, 1834.

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

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appointed to any office of profit or trust, before entering on the execution CONSTITUTION thereof, shall take the following oath : I do solemnly swear (or affirm) S. CAROLINA. that I will be faithful, and true allegiance bear to the State of South Carolina, so long as I may continue a citizen thereof; and that I am duly qualified, according to the Constitution 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, and preserve, protect and defend the Constitution of this State, and of the United States : So help me God."

RESOLUTIONS OF THE TWO HOUSES, CONCERNING THE

4TH SECTION OF THE CONSTITUTION.

PASSED DECEMBER 17, 1831.

(Pamphlet Laws, Reports, Resolutions and Journals for the year 1831, p. 55.)

In the House of Representatives, December 17, 1831.

Resolved, That the act altering the 4th section of the Constitution of the State of South Carolina, be herewith published, to wit: "Every free white man of the age of twenty-one years, (paupers and non-commissioned officers and privates 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 has a freehold of fifty acres of land, or a town lot, of which he has been legally seized and possessed at least six months before such election, or not having any such freehold or town lot, hath been resident in the election district, in which he offers to give his vote, before the election six months, 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 residence."

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 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 family in another State, the presence of such person, although continued for two years in the State, gives no right to vote.

Resolved, That the House do agree in the Report. Ordered to be sent to the Senate for concurrence.

By order of the House,

R. ANDERSON, C. H. R.

Resolved, That the Senate do agree. sentatives. By order of the Senate.

In Senate, December 17, 1831. Ordered to the House of Repre

JACOB WARLEY, C. S.

RESOLUTIONS OF THE TWO HOUSES, RESPECTING ELECTIONS, AND THE 4TH SECTION OF THE CONSTITUTION OF THIS STATE.

PASSED DECEMBER 10, 1833.

(Pamphlet Laws, Reports and Resolutions for 1833, pages 53-54.)

In the House of Representatives, Dec. 18, 1833.

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 impartially carry into execution the foregoing elections, agreeably to the constitution of the State of South-Carolina."

Resolved, That in future no person qualified to vote for members of each 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 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 aforesaid, 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.

Resolved, That the act altering the 4th section of the constitution of the State of South Carolina be herewith published, to wit: "Every free white man of the age of twenty-one years (paupers and non-commissioned officers and privates 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 has a freehold of fifty acres of land, or a town lot, of which he has been legally seized and possessed at least six months before such election, or not having any such freehold or town lot, hath been resident in the election district, in which he offers to give his vote, before the election six months, shall have a right to vote for a member or members to serve in either branch of the legislature, for the (lection district in which he holds such property or residence."

CONCERNING

RESOLUTIONS Resolved, That the two years' residence required by the constitution in ELECTIONS. 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 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 family in another State, the presence of such person, although continued for two years in the State, gives no right to vote.

Resolved, That the aforesaid managers do advertise the said elections, together with these resolutions, in three or more public places within their respective districts and parishes, and at every place of election. Resolved, That the House do concur. Ordered, that it be sent to the Senate for concurrence.

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