Brigadier General, and whose duties and compensation shall be prescribed by law. The Governor shall appoint, by and with the advice and consent of the Senate, such other staff officers as the General Assembly may direct. ARTICLE XIV. A. D. 1868. MISCELLANEOUS. SECTION 1. No person shall be elected or appointed to any office Qualifications for office. in this State, unless he possess the qualifications of an elector. SECTION 2. Lotteries, and the sale of lottery tickets, for any pur- Lotteries. pose whatever, are prohibited, and the General Assembly shall prevent the same by penal laws. SECTION 3. The State Library shall be subject to such regula- State Library. tions as the General Assembly may prescribe. SECTION 4. The General Assembly may direct by law in what manner claims against the State may be established and adjusted. SECTION 5. Divorces from the bonds of matrimony shall not be allowed but by the judgment of a Court, as shall be prescribed by law. SECTION 6. No person who denies the existence of the Supreme Being shall hold any office under this Constitution. Claims. Divorces. Disqualifica tion for office. SECTION 7. The printing of the laws, journals, Bills, legislative Printing. documents and papers for each branch of the General Assembly, with the printing required for the Executive and other Departments of State, shall be let on contract in such manner as shall be prescribed by law. SECTION 8. The real and personal property of a woman, held at the time of her marriage, or that which she may thereafter acquire, either by gift, grant, inheritance, devise or otherwise, shall not be subject to levy and sale for her husband's debts, but shall be held as her separate property, and may be bequeathed, devised or alienated. by her the same as if she were unmarried: Provided, That no gift or grant from the husband to the wife shall be detrimental to the just claims of his creditors. SECTION 9. The General Assembly shall provide for the removal of all causes, which may be pending when this Constitution goes into effect, to Courts created by the same. SECTION 10. The election for all State officers shall take place at the same time as is provided for that of members of the General Assembly, and the election for those officers whose terms of service are for four years shall be held at the time of each alternate general election. Woman's property. Removal of causes. Election of State officers. ARTICLE XV. AMENDMENT AND REVISION OF THE CONSTITUTION. SECTION 1. Any amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives. If the same be agreed to by two-thirds of the members elected to each House, such amendment or amendments shall be entered on the journals respectively, with the yeas and nays taken thereon; and the same shall be submitted to the qualified electors of the State, at the next general election thereafter for Representatives, and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote in favor of such amendment or amendments, and two-thirds of each branch of the next General Assembly shall, after such an election, and before another, ratify the same amendment or amendments, by yeas and nays, the same shall become part of the Constitution: Provided, That such amendment or amendments shall have been read three times, on three several days, in cach House. SECTION 2. If two or more amendments shall be submitted at the same time, they shall be submitted in such manner that the electors shall vote for or against each of such amendments separately. SECTION 3. Whenever two-thirds of the members elected to each branch of the General Assembly shall think it necessary to call a Convention to revise, amend or change this Constitution, they shall recommend to the electors to vote at the next election for Representatives for or against a Convention; and if a majority of all the electors voting at said election shall have voted for a Convention, the General Assembly shall, at their next session, provide by law for calling the same; and such Convention shall consist of a number of members not less than that of the most numerous branch of the General Assembly. ADDITIONAL ARTICLE AND AMENDMENT To the Constitution of the State of South Carolina. ARTICLE XVI. A. D. 1872. ation of debt To the end that the public debt of South Carolina may not here- Prohibiting cre after be increased, without the due consideration and free con- without consent of the people. sent of the people of the State, the General Assembly is hereby forbidden to create any further debt or obligation, either by the loan of the credit of the State, by guaranty, endorsement, or otherwise, except for the ordinary and current business of the State, without first submitting the question as to the creation of any such new debt, guaranty, endorsement, or loan of its credit, to the people of this State at a general State election; and, unless two-thirds of the qualified voters of this State, voting on the question, shall be in favor of a further debt, guaranty, endorsement, or loan of its credit, none such shall be created or made. AMENDMENT TO ARTICLE II, SECTION 11. Amendment changing elec. ber to November. Strike out all that portion of Section 11, Article 2, following the words "eighteen hundred and seventy," occurring in the fourth tion from Octoand fifth lines, and insert the following: "And forever thereafter on the first Tuesday following the first Monday in November, in every secord year, in such manner, and in such place, as the Legislature may provide." [NOTE-The Constitution of South Carolina, (ind the Ordinances thereto appended,) was adopted by a majority of votes by the Constitutional Convention of the State of South Carolina, assembled under the Reconstruction Acts of the Congress of the United States, and which was held at Charleston, beginning on the fourteenth day of January, and ending on the seventeenth day of March, eighteen hundred and sixty-eight. It was submitted to the registered voters of the State at an election held on the fourteenth, fifteenth and sixteenth days of April, eighteen hundred and sixty-eight, and by them ratified, in accordance with the Ordinance providing for the same. The Constitution thus adopted embraced from the first to the fifteenth Article, inclusive. Article XVI and the Amendment to Section 11 of Article II, were proposed by the General Assembly, at the regular session, 1870-'71, submitted to the qualified electors of the State, at a general election held on the 16th day of October, 1872, approved by a majority vote, and finally adopted by a two-thirds vote of the members elected to each House of the General Assembly, at its regular session, 1872-'73, and approved January 29, 1873.] 05 ORDINANCES ADOPTED BY THE CONSTITUTIONAL CONVENTION OF 1868. A. D. 1968. Tax for expenses of Convention. Refunding to the Treasury. AN ORDINANCE TO LEVY A SPECIAL TAX TO DEFRAY THE We, the People of the State of South Carolina, by our Delegates in Convention met, do ordain, That there shall be assessed and collected by the Tax Collectors of the several Districts and Parishes in this State, in addition to the tax already levied under General Order No. 139, issued from Headquarters Second Military District by Brevet Major General E. R. S. Canby, commanding said District, dated Charleston, December 3, 1867, the following taxes, which shall be collected by the persons and at the times and in the manner prescribed by said General Order: On all real estate, seven and a half cents on every hundred dollars, excepting such lands as are exempted in Article 1 of said General Order. On articles manufactured for sale, barter or exchange, between the first day of January, 1868, and the first day of January, 1869, fifteen cents on every hundred dollars, to be paid by the manufacturer. On buggies, carriages, gold and silver plate, watches, jewelry and pianos, on hand on the first of January, 1868, except when held by poses of sale, fifty cents on every hundred dollars. From the sale of goods, wares, or merchandise, embracing all the articles of trade, sale, barter or exchange (the cotton taxed by the United States excepted) which any person shall make between the first day of January, 1868, and the thirty-first day of December, 1868, fifteen cents on every hundred dollars. And the Tax Collectors, Sheriffs, or any other persons whose duty it may be to collect, or the Treasurer of the State, whose duty it is to receive, shall be liable, upon. their respective official bonds, for neglecting or refusing to collect, safely keep, pay over, and disburse the same, in conformity to the orders of this Convention. dealers for pur SECTION 2. Be it further ordained, That a sufficient amount of the sum thus realized is hereby appropriated to refund to the Treas urer of the State of South Carolina any sum or sums which may be advanced by the order of General Canby, or otherwise, for the payment of the per diem, mileage, or other expenses of this Convention, in Bills Receivable of the State. A. D. 1868. able. SECTION 3. Be it further ordained, That the faith and credit of Bills the State are hereby pledged for the redemption of Bills Receivable of the State of South Carolina, issued in conformity to an Act of the General Assembly of the said State in December, 1865, and subsequently the Act of September, 1866; and also for the payment of the bonds and other obligations of the State: Provided, That all obligations created for the purpose of aiding the rebellion, and for maintaining a hostile government to the laws and authorities of the United States, are hereby declared to be null and void, and shall never be paid by any tax to be imposed upon the people of South Carolina. Receiv mander to issue SECTION 4. Be it further ordained, That for the purpose of de- Military Comfraying the current expenses of this Convention, the payment of its drafts. officers, members and contingent accounts, Brevet Major General E. R. S. Canby, commanding the Second Military District, be requested to issue, from time to time, as may be necessary, such orders upon the Treasury of the State of South Carolina, for the payment of such sums as may be authorized by this Convention, in such amounts as may be agreed upon between the President of the Convention and the General commanding, to the officers and members of this body, for their per diem and mileage, and for the current expenses of the same; and that the amount of tax herein authorized to be levied shall be placed in the Treasury of the State to reimburse said advances. SECTION 5. Be it further ordained, That if the taxes levied and Excess of taxes. assessed under this Ordinance should be in excess of the whole expenses of this Convention, they shall be retained in the Treasury, subject to the future order of this Convention, or of the General Assembly, which may meet in conformity to, the provisions of the Constitution to be adopted by this Convention. Should there be any deficiency in the sum required to be raised by taxation under this Ordinance to reimburse the Treasury for its outlay, the first General Assembly which shall assemble hereafter shall make such further provision as may be necessary to raise funds for the pur pose. Done in Convention, at the city of Charleston, this twenty- A. G. MACKEY, President Constitutional Convention. Attest: C. J. STOLBRAND, Secretary. |