SECTION 23. Private property shall not be taken or applied for public use, or for the use of corporations, or for private use, without the consent of the owner or a just compensation being made therefor: Provided, however, That laws may be made securing to persons or corporations the right of way over the lands of either persons or corporations, and, for works of internal improvement, the right to establish depots, stations, turnouts, etc.; but a just compensation shall, in all cases, be first made to the owner. SECTION 24. The power of suspending the laws, or the execution of the laws, shall never be exercised but by the General Assembly, or by authority derived therefrom, to be exercised in such particular cases only as the General Assembly shall expressly provide for. SECTION 25. No person shall, in any case, be subject to martial law, or to any pains or penalties by virtue of that law, except those employed in the army or navy of the United States, and except the militia in actual service, but by authority of the General Assembly. SECTION 26. In the government of this Commonwealth, the Legislative, Executive and Judicial powers of the Government shall be forever separate and distinct from each other, and no person or persons exercising the functions of one of said departments shall assume or discharge the duties of any other. SECTION 27. The General Assembly ought frequently to assemble for the redress of grievances, and for making new laws, as the common good may require. SECTION 28. The people have a right to keep and bear arms for the common defence. As in times of peace armies are dangerous to liberty, they ought not to be maintained without the consent of the General Assembly. The military power ought always to be held in an exact subordination to the civil authority and be governed by it. SECTION 29. In the time of peace no soldier shall be quartered in any house without the consent of the owner; and, in time of war, such quarters shall not be made but in a manner prescribed by law. SECTION 30. No person who conscientiously scruples to bear arms shall be compelled so to do, but he shall pay an equivalent for personal service SECTION 31. All elections shall be free and open, and every inhabitant of this Commonwealth possessing the qualifications provided for in this Constitution shall have an equal right to elect officers and be elected to fill public office. SECTION 32. No property qualification shall be necessary for an election to or the holding of any office, and no office shall be created, the appointment to which shall be for a longer time than good be A. D. 1868. Duellists dis havior. After the adoption of this Constitution, any person who Right of suf SECTION 33. The right of suffrage shall be protected by laws regulating elections, and prohibiting, under adequate penalties, all frage. undue influences from power, bribery, tumult or improper conduct. SECTION 34. Representation shall be apportioned according to Apportionment population, and no person in this State shall be disfranchised or de- tion. prived of any of the rights or privileges now enjoyed, except by the law of the land or the judgment of his peers. SECTION 35. Temporary absence from the State shall not forfeit a residence once obtained. of representa Forfeiture of residence. Taxation of SECTION 36. All property subject to taxation shall be taxed in proportion to its value. Each individual of society has a right to property. be protected in the enjoyment of life, liberty and property, according to standing laws. He should, therefore, contribute his share to the expense of his protection, and give his personal service when necessary. Impost, taxes SECTION 37. No subsidy, charge, impost tax or duties shall be established, fixed, laid or levied, under any pretext whatever, with- or duties, out the consent of the people, or their representatives lawfully assembled. SECTION 38. Excessive fines shall not be imposed, nor cruel and unusual punishment inflicted, nor shall witnesses be unreasonably detained. Excessive fines. Titles of no. bility and dis or color prohib SECTION 39. No title of nobility or hereditary emolument shall ever be granted in this State. Distinction on account of race or tinctions of race color, in any case whatever, shall be prohibited, and all classes of ited. citizens shall enjoy equally all common, public, legal and political privileges. igable Waters. SECTION 40. All navigable waters shall remain forever public Freedom of navhighways, free to the citizens of the State and the United States, without tax, impost or toll imposed; and no tax, toll, impost or wharfage shall be imposed, demanded or received from the owner any merchandise or commodity, for the use of the shores, or any wharf erected on the shores, or in or over the waters of any navigable stream, unless the same be authorized by the General Assembly. SECTION 41. The enumeration of rights in this Constitution shall not be construed to impair or deny others retained by the people, and all powers not herein delegated remain with the people. Reserved rights. A. D. 1868. ARTICLE II. Legislature. LEGISLATIVE DEPARTMENT. SECTION 1. The Legislative power of this State shall be vested in two distinct branches, the one to be styled the "Senate," and the other the "House of Representatives," and both together the "General Assembly of the State of South Carolina." Representatives. SECTION 2. The House of Representatives shall be composed of members chosen by ballot every second year, by the citizens of this State, qualified as in this Constitution is provided. Judicial districts. Apportionment tives. SECTION 3. The Judicial Districts shall hereafter be designated as Counties, and the boundaries of the several Counties shall remain as they are now established, except the County of Pickens, which is hereby divided into two Counties, by a line leaving the southern boundary of the State of North Carolina where the White Water River enters this State, and thence down the centre of said river, by whatever names known, to Ravenel's Bridge, on Seneca River, and thence along the centre of the road leading to Pendleton Village, until it intersects the line of the County of Anderson; and the territory lying east of said line shall be known as the County of Pickens; and the territory lying west of said line shall be known as the County of Oconee: Provided, That the General Assembly shall have the power at any time to organize new Counties by changing the boundaries of any of the old ones; but no new County shall be hereafter formed of less extent than six hundred and twenty-five square miles, nor shall any existing Counties be reduced to a less extent than six hundred and twenty-five square miles. Each County shall constitute one election district. SECTION 4. The House of Representatives shall consist of one of Representa- hundred and twenty-four members, to be apportioned among the several Counties according to the number of inhabitants contained in each. An enumeration of inhabitants, for this purpose, shall be made in eighteen hundred and sixty-nine, and again in eighteen hundred and seventy-five, and shall be made in the course of every tenth year thereafter, in such manner as shall be by law directed; and Representatives shall be assigned to the different Counties in the above mentioned proportion, by Act of the General Assembly, at the session immediately succeeding every enumeration: Provided, That until the apportionment which shall be made upon the next enumeration shall take effect, the representation of the several Counties, as herein constituted, shall be as follows: Abbeville, five; Anderson, three; Barnwell, six; Beaufort, seven; Charleston, eighteen; Chester, three; Clarendon, two; Col leton, five; Chesterfield, two; Darlington, four; Edgefield, seven; Fairfield, three; Georgetown, three; Greenville, four; Horry, two; Kershaw, three; Lancaster, two; Laurens, four; Lexington, two; Marion, four; Marlboro, two; Newberry, three; Oconee, two; Orangeburg, five; Pickens, one; Richland, four; Spartanburg, four; Sumter, four; Union, three; Williamsburg, three; York, four. A. D. 1868. Duty of Gover ration. SECTION 5. If the enumeration herein directed shall not be made in the course of the year appointed for the purpose, it shall nor as to enume be the duty of the Governor to have it effected as soon thereafter as shall be practicable. of SECTION 6. In assigning representatives to the several Counties, the General Assembly shall allow one representative to every Assignment one hundred and twenty-fourth part of the whole number of Representatives. inhabitants in the State: Provided, That if in the apportionment of representatives any County shall appear not to be entitled, from its population, to a representative, such County shall, nevertheless, send one representative; and if there be still a deficiency of the number of representatives required by Section fourth of this Article, such deficiency shall be supplied by assigning representatives to those Counties having the largest surplus fractions. SECTION 7. No apportionment of representatives shall be construed when to take to take effect, in any manner, until the general election which shall effect. succeed such apportionment. SECTION 8. The Senate shall be composed of one member from each County, to be elected for the term of four years by the quali- Senators. SECTION 9. Upon the meeting of the first General Assembly which shall be chosen under the provisions of this Constitution, the senators shall be divided, by lot, into two classes, as nearly equal as may be; the seats of the senators of the first class to be vacated at the expiration of two years after the Monday following the general election, and of those of the second class at the expiration of four years; so that, except as above provided, one-half of the Senators may be chosen every second year. Two classes. SECTION 10. No person shall be eligible to a seat in the Senate or House of Representatives who, at the time of his election, is not Eligibility. a citizen of the United States; nor any one who has not been for one year next preceding his election a resident of this State, and for three months next preceding his election a resident of the County whence he may be chosen; nor any one who has been convicted of A. D. 1868. Time of tion. Elec an infamous crime. Senators shall be at least twenty-five and representatives at least twenty-one years of age. SECTION 11. The first election for senators and representatives under the provisions of this Constitution shall be held on the fourteenth, fifteenth and sixteenth days of April, of the present year; and the second election shall be held on the third Wednesday in October, eighteen hundred and seventy; [and forever thereafter on the same day in every second year, in such manner and at such places as the Legislature may hereafter provide.]* SECTION 12. The first session of the General Assembly after the Meetings of Le- ratification of this Constitution shall be convened on the second gislature. Tuesday of May of the present year, in the City of Columbia, (which shall remain the seat of government until otherwise determined by the concurrence of two-thirds of both branches of the whole representation,) and thereafter on the fourth Tuesday in November annually. Should the casualties of war or contagious diseases render it unsafe to meet at the seat of government, then the Governor may, by proclamation, appoint a more secure and convenient place of meeting. Term of office. Quorum. Officers. Right to arrest and punish. SECTION 13. The terms of office of the senators and representatives chosen at a general election shall begin on the Monday following such election. SECTION 14. Each House shall judge of the election returns and qualifications of its own members; and a majority of each House shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner and under such penalties as may be provided by law. SECTION 15. Each House shall choose its own officers, determine its rules of proceeding, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member, but not a second time for the same cause. SECTION 16. Each House may punish by imprisonment, during its sitting, any person not a member who shall be guilty of disrespect to the House by any disorderly or contemptuous behavior in its presence; or who, during the time of its sitting, shall threaten harm to body or estate of any member for anything said or done. in either House, or who shall assault any of them therefor, or who shall assault or arrest any witness or other person ordered to attend the House, in his going thereto or returning therefrom, or who shall rescue any person arrested by order of the House: Provided, That such time of imprisonment shall not in any case extend beyond the session of the General Assembly. SECTION 17. The members of both Houses shall be protected in *See Amendment to Article II, Section 11, p. xlix, |