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dated the 4th day of July 1776, for the many great and weighty reasons therein particularly set forth; it therefore becomes abfolutely neceffary to frame a Conftitution fuitable to that great event: Be it therefore constituted and enacted, by his Excellency Rawlins Lowndes, Efq. Prefident and Commander in Chief in and over the State of South-Carolina, by the Honourable the Legislative Council and General Affembly, and by the authority of the fame, That the following articles agreed upon by the Freemen of this State, now met in General Affembly, be deemed and held the Conftitution and Form of Government of the faid State, unless altered by the legislative authority thereof; which Conftitution or Form of Government fhall immediately take place and be of force from the paffing of this Act, excepting such parts as are hereafter mentioned and specified.

I. That the ftile of this country be hereafter, THE STATE OF SOUTH-CAROLINA.

II. That the legislative authority be vested in a General Affembly, to confift of two diftinct bodies, a Senate and Houfe of Reprefen

tatives;

tatives; but that the legislature of this State, as established by the Conftitution or Form of Government paffed the 26th of March 1776, fhall continue and be in full force until the 29th day of November next enfuing.

III. That as foon as may be after the first meeting of the Senate and Houfe of Reprefentatives, and at every first meeting of the Senate and House of Representatives thereafter, to be elected by virtue of this Conftitution, they shall, jointly, in the House of Representatives, choose by ballot, from among themselves or from the people at large, a Governor and Commander in Chief, a Lieutenant-governor, both to continue for two years, and a Privy-council, all of the Proteftant religion; and till fuch choice fhall be made, the former Prefident, or Governor and Commander in Chief, and Vice-prefident, or Lieutenantgovernor, as the cafe may be, and Privycouncil, fhall continue to act as fuch.

IV. That a Member of the Senate or Houfe of Reprefentatives, being chofen and actipg as Governor and Commander in Chief, or Lieutenant-governor, fhall vacate his feat, and another perfon fhall be elected in his room.

V. That

V. That every perfon who fhall be elected Governor and Commander in Chief of the State, or Lieutenant-governor, or a Member of the Privy-council, fhail be qualified as followeth, that is to fay, the Governor and Lieutenant-governor shall have been refidents in this State for ten years, and the Members of the Privy-council five years, preceding their faid election; and fhall have in this State a fettled plantation or freehold, in their and each of their own right, of the value of at least ten thousand pounds currency, clear of debt; and on being elected, they shall respectively take an oath of qualification in the Houfe of Reprefentatives.

VI. That no future Governor and Commander in Chief who fhall ferve for two years, fhall be eligible to ferve in the faid office after the expiration of the faid term, until the full end and term of four years.

VII. That no person in this State shall hold the office of Governor thereof, or Lieutenantother office or commiffion, governor, and any civil or military, (except in the militia)`either in this or any other State; or under the authority of the Continental Congrefs, at one and the fame time.

VIII. That

VIII. That in cafe of the impeachment of the Governor and Commander in Chief, or his removal from office, death, refignation, or abfence from the State, the Lieutenant-governor fhall fucceed to his office, and the Privycouncil fhall chufe, out of their own body, a Lieutenant-governor of the State. And in case of the impeachment of the Lieutenant-governor, or his removal from office, death, refignation, or absence from the State, one of the Privy-council, to be chofen by themselves, fhall fucceed to his office, until a nomination to thofe offices respectively, by the Senate and House of Representatives, for the remainder of the time for which the officer fo impeached, removed from office, dying, refigning, or being abfent, was appointed.

IX. That the Privy-council fhall confist of the Lieutenant-governor for the time being, and eight other Members, five of whom shall be a Quorum, to be chofen as before directed, four to ferve for two years, and four for one year; and at the expiration of one year, four others fhall be chofen in the room of the last four to ferve for two years; and all future Members of the Privy-council fhall thenceforward be elected to ferve for two years, whereby there

will be a new election every year for half of the Privy-council, and a conftant rotation eftablished; but no Member of the Privy-council who shall serve for two years, fhall be eligible to serve therein after the expiration of the said term, until the full end and term of four years: Provided always, that no officer of the army or navy, in the fervice of the Continent or this State, nor Judge of any of the courts of law, fhall be eligible; nor fhall the father, fon or brother of the Governor for the time being, be elected into the Privy-council during his adminiftration. A Member of the Senate or House of Representatives, being chofen of the Privycouncil, shall not thereby lose his feat in the Senate or House of Representatives, unless he be elected Lieutenant-governor, in which cafe he shall, and another person shall be chosen in his ftead. The Privy-council is to advise the Governor and Commander in Chief, when required, but he fhall not be bound to confult them unless directed by law. If a Member of the Privy-council fhall die or depart the State, during the recefs of the General Affembly, the Privy-council fhall chufe another to act in his room, until a nomination by the Senate and House of Representatives fhall take place. The

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