BILL OF RIGHTS. Subjects arms. Freedom of election. Freedom of Excessive bail. Grants of forfeitures. Frequent parliaments. crown. 7. That the subjects which are protestants, may have arms for their defence suitable to their conditions, and as allowed by law. 8. That election of members of Parliament ought to be free. 9. That the freedom of speech, and debates or proceedings in Parliament, ought not to be impeached or questioned in any court or place out of Parliament. 10. That excessive bail ought not to be required, nor excessive fines imposed; nor cruel and unusual punishments inflicted. 11. That jurors ought to be duly impanelled and returned, and jurors which pass upon men in trials for high treason, ought to be freeholders. 12. That all grants and promises of fines and forfeitures of particular persons before conviction, are illegal and void. 13. And that for redress of all grievances, and for the amending, strengthening, and preserving of the laws, Parliaments ought to be held 'frequently. And they do claim, demand, and insist upon all and singular the premisses, as their undoubted rights and liberties; and that no declarations, judgments, doings or proceedings, to the prejudice of the people in any of the said premisses, ought in any wise to be drawn hereafter into consequence or example. To which demand of their rights they are particularly encouraged by the declaration of his highness the prince of Orange, as being the only means for obtaining a full redress and remedy therein. Having therefore an entire confidence, That his said highness the prince of Orange, will perfect the deliverance so far advanced by him, and will still preserve them from the violation of their rights, which they have here asserted, and from all other attempts upon their religion, rights, and liberties: II. The said lords spiritual and temporal, and commons, assembled at Tender of the Westminster, do resolve, That William and Mary, prince and princess of Orange, be, and be declared, King and Queen of England, France and Ireland, and the dominions thereunto belonging, to hold the crown and royal dignity of the said kingdoms and dominions to them the said prince and princess during their lives, and the life of the survivor of them; and that the sole and full exercise of the regal power be only in, and executed by, the said prince of Orange, in the names of the said prince and princess, during their joint lives; and after their deceases, the said crown and royal dignity of the said kingdoms and dominions to be to the heirs of the body of the said princess; and for default of such issue to the princess Anne of Denmark, and the heirs of her body; and for default of such issue, to the heirs of the body of the said prince of Orange. And the lords spiritual and temporal, and commons, do pray the said prince and princess to accept the same accordingly. New oaths of III. And that the oaths hereafter mentioned be taken by all persons allegiance, &c. of whom the oaths of allegiance and supremacy might be required by law, instead of them; and that the said oaths of allegiance and supremacy be abrogated. Allegiance. I, A. B. do sincerely promise and swear, That I will be faithful and bear true allegiance to their Majesties, King WILLIAM and Queen MARY : So help me God. BILL RIGHTS. I, A. B. do swear, That I do from my heart abhor, detest, and abjure, as impious and heretical, that damnable doctrine and position, That princes excommunicated or deprived by the pope, or any authority of the see of Rome, may be deposed or murdered by their subjects, or any other whatsoever. And I do declare, That no foreign prince, person, prelate, state, Supremacy. or potentate hath, or ought to have any jurisdiction, power, superiority, pre-eminence, or authority, ecclesiastical or spiritual, within this realm: So help me God. IV. Upon which their said Majesties did accept the crown and royal Acceptance of dignity of the kingdoms of England, France, and Ireland, and the domin- the crown. ions thereunto belonging, according to the resolution and desire of the said lords and commons contained in the said declaration. The two houses V. And thereupon their Majesties were pleased, That the said lords, spiritual and temporal, and commons, being the two houses of Parliament, to sit. should continue to sit, and with their Majesties royal concurrence make effectual provision for the settlement of the religion, laws and liberties of this kingdom, so that the same for the future might not be in danger again of being subverted; to which the said lords spiritual and temporal, and` commons, did agree and proceed to act accordingly. allowed. VI. Now in pursuance of the premisses, the said lords spiritual and Subjects temporal, and commons, in Parliament assembled, for the ratifying, con- liberties to be firming and establishing the said declaration, and the articles, clauses, matters, and things therein contained, by the force of a law made in due form by authority of Parliament, do pray that it may be declared and enacted, That all and singular the rights and liberties asserted and claimed in the said declaration, are the true, ancient, and indubitable rights and liberties of the people of this kingdom, and so shall be esteemed, allowed, adjudged, deemed, and taken to be, and that all and every the particulars aforesaid shall be firmly and strictly holden and observed, as they are expressed in the said declaration; and all officers and ministers whatsoever shall serve their Majesties and their successors according to the same in all times to come. Sections VII, VIII, IX, X, are irrelevant, (Edit.) XI. All which their Majesties are contented and pleased shall be declared, enacted, and established by authority of this present Parliament, and shall stand, remain, and be the law of this realm forever; and the same are by their said Majesties, by and with the advice and consent of the lords spiritual and temporal, and commons, in parliament assembled, and by the authority of the same, declared, enacted, and established accordingly. King's assent. XII. And be it further declared and enacted by the authority afore-Non obstantes said, That from and after this present session of parliament, no dispen-made void. sation by no obstante of or to any statute, or any part thereof, shall be allowed, but that the same shall be held void and of no effect, except a dispensation be allowed of in such statute, and except in such cases as shall be specially provided for by one or more bill or bills to be passed during this present session of parliament. Section XIII, irrelevant, (Edit.) THE CONSTITUTION OF SOUTH CAROLINA, OF 26 MARCH, 1776. (See Pamphlet Laws, Reports and Resolutions, 1823, p. 15.) SOUTH CAROLINA, 1776. In a Congress begun and holden at Charlestown, on Wednesday the first of November, one thousand seven hundred and seventy-five, and continued by divers adjournments to Tuesday the twenty-sixth day of March, one thousand seven hundred and seventy-six. A CONSTITUTION, OR FORM OF GOVERNMENT, AGREED TO AND RESOLVED UPON BY THE REPRESENTATIVES OF SOUTH CAROLINA. Whereas, the British Parliament, claiming of late years a right to bind the North American Colonies by law, in all cases whatsoever, have enacted statutes for raising a revenue in those colonies, and disposing of such revenue as they thought proper, without the consent and against the will of the colonists. And whereas, it appearing to them that (they not being represented in Parliament) such claim was altogether unconstitutional, and if admitted, would at once reduce them, from the rank of freemen to a state of the most abject slavery; the said colonies, therefore, severally remonstrated against the passing, and petitioned for the repeal of those acts, but in vain; And whereas the said claim being persisted in, other unconstitutional and oppressive statutes have been since enacted, by which the powers of Admiralty Courts in the Colonies are extended beyond their ancient limits, and jurisdiction is given to such courts, in cases similar to those which in Great Britain are triable by jury-persons are liable to be sent to, and tried in Great Britain, for an offence created and made capital by one of those statutes, though committed in the colonies-the harbour of Boston was blocked up-people indicted for murder in the Massachusetts Bay may, at the will of a Governor, be sent for trial to any other colony, or even to Great Britain-the chartered constitution of government in that colony is materially altered-the English laws and a free government, to which the inhabitants of Quebec were entitled by the King's Royal Proclamation, are abolished and French laws are restored-the Roman Catholic Religion (although before tolerated and freely exercised there) and an absolute government are established in that province, and its limits, extended through a vast tract of country so as to border on the free Protestant English settlements, with design of using a whole people differing in religious principles from the neighboring colonies, and subject to arbitrary power, as fit instruments to overawe and subdue the colonies. And whereas the delegates of all the colonies on this continent, from Nova Scotia to Georgia, assembled in a general Congress at Philadelphia, in the most dutiful manner laid their complaints at the foot of the throne, and humbly implored their sovereign that his royal authority and interposition might be used for their relief from the grievances occasioned by those statutes, and assured his Majesty that harmony between Great Britain and America, ardently desired by the latter, would be thereby immediately restored, and that the colonists confided in the magnanimity and justice of the King and Parliament for redress of the many other grievances under which they labored. And whereas these complaints being wholly disregarded, statutes still more cruel than those abovementioned have been enacted, prohibiting the intercourse of the colonies with each other, restricting their trade, and depriving many thousands of people of the means of subsistence, by restraining them from fishing on the American coast. And whereas large fleets and armies having been sent to America in order to enforce the execution of those laws, and to compel an absolute and implicit submission to the will of a corrupt and despotick administration, and in consequence thereof, hostilities having been commenced in the Massachusetts Bay, by the troops under command of General Gage, whereby a number of peaceable, helpless and unarmed people, were wantonly robbed and murdered, and there being just reason to apprehend that like hostilities would be committed in all the other colonies. The colonists were therefore driven to the necessity of taking up arms, to repel force by force, and to defend themselves and their properties against lawless invasions and depredations. Nevertheless, the delegates of the said colonies assembled in another Congress at Philadelphia, anxious to procure a reconciliation with Great Britain upon just and constitutional principles, supplicated his Majesty to direct some mode by which the united applications of his faithful colonists might be improved into a happy and permanent reconciliation; that in the mean time measures might be taken for preventing the further destruction of their lives, and that such statutes as immediately distressed any of the colonists might be repealed. And whereas, instead of obtaining that justice, to which the colonists were and are of right entitled, the unnatural civil war into which they were thus precipitated and are involved, hath been prosecuted with unremitted violence, and the Governors and others bearing the royal commission in the colonies, having broken the most solemn promises and engagements, and violated every obligation of honor, justice and humanity, have caused the persons of divers good people to be seized and imprisoned, and their properties to be forcibly taken and detained, or destroyed, without any crime or forfeiture-excited domestic insurrections-proclaimed freedom to servants and slaves, enticed or stolen them from, and armed them against their masters-instigated and encouraged the Indian nations to war against the colonies-dispensed with the law of the land, and substituted the law martial in its stead-killed many of the colonists-burned several towns, and threatened to burn the rest, and daily endeavor by a conduct which has sullied the British arms, and would disgrace even savage nations, to effect the ruin and destruction of the colonies. And whereas a statute hath been lately passed, whereby, under pretence that the said colonies are in open rebellion, all trade and commerce whatsoever with them VOL. I. 17. CONSTITUTION OF 1776. OF 1776. CONSTITUTION is prohibited-vessels belonging to their inhabitants trading in, to, or from the said colonies, with the cargoes and effects on board such vessels, are made lawful prize, and the masters and crews of such vessels are subjected by force to act on board the King's ships against their country and dearest friends; and all seizures and detention or destruction of the persons and properties of the colonists which have at any time been made or committed for withstanding or suppressing the said pretended rebellion, and which shall be made in pursuance of the said act, or for the service of the public, are justified, and persons sueing for damages in such cases, are, on failing in their suits, subjected to payment of very heavy expenses. And whereas large reinforcements of troops and ships have been ordered and are daily expected in America for carrying on war against each of the united colonies by the most vigorous exertions. And whereas in consequence of a plan recommended by the Governors, and which seems to have been concerted between them and their ministerial masters, to withdraw the usual officers, and thereby loosen the bands of government and create anarchy and confusion in the colonies. Lord William Campbell, late Governor, on the fifteenth day of September last, dissolved the General Assembly of this colony, and no other hath been since called, although by law the sitting and holding of General Assemblies cannot be intermitted above six months-and having used his utmost efforts to destroy the lives, liberties and properties of the good people here, whom by the duty of his station he was bound to protect, withdrew himself from the colony, and carried off the great seal and the royal instructions to Governors. And whereas the judges of courts of law here, have refused to exercise their respective functions, so that it is become indispensably necessary that during the present situation of American affairs, and until an accommodation of the unhappy differences between Great Britain and America can be obtained, (an event which, though traduced and treated as rebels, we still earnestly desire) some mode should be established by common consent, and for the good of the people, the origin and end of all governments, for regulating the internal polity of this colony. The Congress being vested with powers competent for the purpose, and having fully deliberated touching the premises, do therefore resolve: I. That this Congress being a full and free representation of the people of this colony, shall henceforth be deemed and called the General Assembly of South Carolina, and as such shall continue until the twentyfirst day of October next, and no longer. II. That the General Assembly shall, out of their own body, elect by ballot, a legislative Council, to consist of thirteen members, (seven of whom shall be a quorum) and to continue for the same time as the General Assembly. III. That the General Assembly and the said legislative council shall jointly choose by ballot from among themselves, or from the people at large, a President and Commander-in-Chief, and a Vice President, of the Colony. IV. That a member of the General Assembly being chosen and acting as President and Commander in Chief, or Vice President, or one of the legislative council, shall vacate his seat in the General Assembly, and another person shall be elected in his room; and if one of the legislative council is chosen President and Commander in Chief, or Vice President, he shall lose his seat, and another person shall be elected in his stead. V. That there be a Privy Council, whereof the Vice President of the colony shall of course be a member and President of the Privy Council, and that six other members be chosen by ballot, three by the General As |