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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 absolutely necessary to frame a Constitution suitable to that great event: Be it therefore constituted and enacted, by his Excellency Rawlins Lowndes, Esq. President and Commander in Chief in and over the State of South-Carolina, by the Honourable the Legislative Council and General Assembly, and by the authority of the fame, That the following articles agreed upon by the Freemen of this State, now met in General Assembly, be deemed and held the Constitution and Form of Government of the said State, unless altered by the legislative authority thereof; which Constitution or Form of Government shall immediately take place and be of force from the passing of this Act, excepting such parts as are hereafter mentioned and specified.
I. That the stile of this country be hereafter, The STATE OF SOUTH-CAROLINA.
II. That the legislative authority be vested in a General Assembly, to consist of two diftinct bodies, a Senate and House of Represen
tatives ; tatives; but that the legislature of this state, as established by the Constitution or Form of Government passed the 26th of March 1776. shall continue and be in full force until the 29th day of November next ensuing.
III. That as soon as may be after the first meeting of the Senate and House of Representatives, and at every first meeting of the Senate and House of Representatives thereafter, to be elected by virtue of this Constitution, 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 Protestant religion ; and till such choice shall be made, the former President, or Governor and Commander in Chief, and Vice-president, or Lieutenantgovernor, as the case may be, and Privycouncil, shall continue to act as such.
IV. That a Member of the Senate or House of Representatives, being chosen and acting as Governor and Comunander in Chief, or Lieutenant-governor, shall vacate his feat, and another person shall be elected in his room.
V. That every person who shall be elected Governor and Commander in Chief of the State, or Lieutenant--governor,'or a Member of the Privy-council, shall be qualified as followeth, that is to say, the Governor and Lieutenant-governor Thall have been residents in this State for ten years, and the Members of the Privy-council five years, preceding their said election ; and shall have in this State a settled 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 House of Representatives.
VI. That no future Governor and Commander in Chief who shall serve for two years, shall be eligible to serve in the said office after the expiration of the said term, until the full end and term of four years,
VII. That no person in this State hall hold the office of Governor thereof, or Lieutenantgovernor, and any other office or commission, civil or military, (except in the militia) either in this or any other State; or under the authority of the Continental Congress, at one and the same time.
VIII. That in case of the impeachment of the Governor and Commander in Chief, or his removal from office, death, resignation, or absence from the State, the Lieutenant-governor shall succeed to his office, and the Privya council shall chuse, 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, resignation, or absence from the State, one of the Privy-council, to be chosen by themselves, shall succeed to his office, until a nomination to those offices respectively, by the Senate and House of Representatives, for the remainder of the time for which the officer so impeached, removed from office, dying, resigning, or being absent, was appointed. ..
IX. That the Privy-council shall consist of the Lieutenant-governor for the time being, and eight other Members, five of whom shall be a Quorum, to be chosen as before directed, four to serve for two years, and four for one year; and at the expiration of one year, four others shall be chosen in the room of the last four to serve for two years; and all future Members of the Privy-council Thall thenceforward be elected to serve for two years, whereby there
will be a new election every year for half of the Privy-council, and a constant rotation established; but no Member of the Privy-council who shall serve for two years, shall 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 service of the Continent or this State, nor Judge of any of the courts of law, shall be eligible; nor shall the father, son or brother of the Governor for the time being, be elected into the Privy-council during his administration. A Member of the Senate or House of Representatives, being chofen of the Privycouncil, shall not thereby lose his seat in the Senate or House of Representatives, unless he be elected Lieutenant-governor, in which case he shall, and another person shall be chosen in his stead. The Privy-council is to advise the Governor and Commander in Chief, when required, but he shall not be bound to confult them unless directed by law. If a Member of the Privy-council shall die or depart the State, during the recess of the General Affembly, the Privy-council shall chuse another to act in his room, until a nomination by the Senate and House of Representatives shall take place. The