Definition of SOUTH CAROLINA.


SOUTH CAROLINA.

The name of one of the original states of the
United States of America. For an account of its colonial history, see article
North Carolina.


2. The constitution of this state was adopted the third day of June,
1790, to which two amendments have been made, one, ratified December 17, 1808,
and the other, December 19, 1816. The powers of the government are distributed
into three branches, the legislative, the executive, and the judicial.


3. - 1st. The legislative authority is vested in a general assembly,
which consists of a senate and house of representatives.


4. - 1. The senate will be considered with reference to the
qualifications of the electors; the qualifications of the members; the number
of members; the duration of their office, and the time of their election. 1.
Every free white man, of the age of twenty-one years, being a citizen of this
state, and having resided therein two years previous to the day of election,
and who hath a freehold of fifty acres of land, or a town lot, of which he hath
been legally seised and possessed, at least six months before such election,
or, not having such freehold or town lot, hath been a resident in the election
district, in which he offers to give his vote, six mouths before the said
election, and hath paid a tax the preceeding year of three shillings sterling
towards the support of this government, shall have a right to vote for a member
or members, to serve in either branch of the legislature, for the election
district in which he holds such property, or is so resident. 2. No person shall
be eligible to a seat in the senate, unless he is a free white man, of the age
of thirty years and hath been a citizen and resident in this state five years
previous to his election. If a resident in the election district, he shall not
be eligible unless he be legally seised and possessed in his own right, of a
settled freehold estate of the value of three hundred pounds sterling, clear of
debt. If a non-resident in the election district, he shall not be eligible
unless he be legally seised and possessed in his own right, of a settled
freehold estate in the said district, of the value of one thousand pounds
sterling, clear of debt. 3. The senate is composed of one member from each
district as now established for the election of the house of representatives,
except the district formed by the districts of the parishes of St. Philip and
St. Michael, to which shall be allowed two senators as heretofore. Amend. of
Dec. 17, 1808. 4. They are elected for four years. Ibid. 5. The election takes
place on the second Monday in October. Art. 1, s. 10.


5. - 2. The house of representatives will be considered in the same
order which has been observed in considering the senate. 1. The qualification
of electors are the same as those of electors of senators. 2. No person shall
be eligible to a seat in the house of representatives, unless he is a free
white man, of the age of twenty-one years, and hath been a citizen and resident
in this state three years previous to his election. If a resident in the
election district, he shall not be eligible to a seat in the house of
representatives, unless he be legally seised and possessed in his own right, of
a settled free-hold estate of five hundred acres of land, and ten negroes; or
of a real es-tate, of the value of one hundred and fifty pounds sterling, clear
of debt. If a non-resident, he shall be legally seised and possessed of a
settled freehold estate therein, of the value of five hundred pounds sterling,
clear of debt. 3. The house consists of one hundred and twenty-four members.
Amend. of Dee. 17, 1808. 4. The members are elected for two years. Art. l, s. 2
. 5. The election is at the same time that the election of senators is held.


6. - 2. The executive authority is vested in a governor, and in certain
cases, a lieutenant-governor.


7. - 1. Of the governor. It will be proper to consider his
qualifications; by whom he is to be elected; when to be elected; duration of
office; and his powers and duties. 1. No person shall be eligible to the office
of governor, unless he bath attained the age of thirty years, and hath resided
within this state, and been a citizen thereof, ten years, and unless he be
seised and possessed of a settled estate within the same, in his own right, of
the value of fifteen hundred pounds sterling, clear of debt. Art. 2, s. 2. 2.
He is elected by the senate and house of representatives jointly, in the house
of representatives. Art. 2, sect. 1. 3. He is to be elected whenever a majority
of both houses shall be present. lb. 4. He is elected for two years, and until
a new election shall be made. Ibid. 5. The governor is commander-in-chief of
the army and navy of the state, and of the militia, except when they shall be
called into the actual Service of the United States. He may grant reprieves and
pardons, after conviction, except in cases of impeachment, and remit fines and
forfeitures, unless otherwise directed by law shall cause the laws to be
faithfully executed in mercy - may prohibit the exportation of provisions, for
any time not exceeding thirty days-may require information from the executive
departments - shall recommend such measures as he may deem necessary, and give
the assembly information as to the condition of the state-may on extraordinary
occasions convene the assembly, and in case of disagreement between the two
houses with respect to the time of adjournment, adjourn them to such time as he
shall think proper, not beyond the fourth Monday in the mouth of November then
next ensuing.


8. - 2. A lieutenant-governor is to be chosen at the same time, in the
same manner, continue in office for the same period, and be possessed of the
same qualifications as the governor. Art. 2, sect. 3. In case of the
impeachment of the governor, or his removal from office, death, resignation, or
absence from the state, the lieutenant-governor shall succeed to his office.
And in case of the impeachment of the lieutenant-governor, or his removal from
office, death, resignation, or absence from the state, the president of the
senate shall succeed to his office, till a nomination to those offices
respectively shall be made 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 elected. Art. 2, s. 5.


9. - 3. The judicial power shall be vested in such superior and
inferior courts of law and equity, as the legislature shall, from time to time,
direct and establish. The judges of each shall hold their commissions during
good behaviour; and judges of the superior courts shall, at stated times,
receive a compensation for their services, which shall neither be increased nor
diminished during their continuance in office: but they shall receive no fees
or perquisites of office, nor, hold any other office of profit or trust, under
this state, the United States, or any other power. Art. 3, sect. 1. The judges
are required to meet at such times, and places, as shall be prescribed by the
act of the legislature, and sit for the purpose of hearing and determining all
motions which may be made for new trials, and in arrest of judgment, and such
points of law as may be submitted to them. Amend. of Dec. 19, 1816.




Source: Bouviers Law Dictionary 1856 Edition

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