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within the same county, of fifty acres of land, for six months next before, and at the day of election, shall be entitled to vote for a member of the Senate.
VIII. That all freemen of the age of twenty-one years, who have been inhabitants of any one county within the State, twelve months immediately preceding the day of any election, and shall have paid public taxes, shall be entitled to vote for members of the House of Commons, for the county in which he resides.
IX. That all persons, possessed of a freehold, in any town in this State, having a right of representation, and also all freemen, who have been inhabitants of any such town twelve months next before, and at the day of election, and shall have paid public taxes,' shall be entitled to vote for a member to represent such town in the House of Commons:-Provided always, that this section shall not entitle any inhabitant of such town to vote for members of the House of Commons, for the county, in which he may reside, nor any freeholder in such county, who resides without or beyond the limits of such town, to vote for a member for said town.
X. That the Senate and House of Commons, when met, shall each have power to choose a Speaker, and other their officers ; be judges of the qualifications and elections of their members; sit upon their own adjournments from day to day; and prepare bills, to be passed into laws. The two Houses shall direct writs of election, for supplying intermediate vacancies ; and shall also jointly, by ballot, adjourn themselves to any future day and place.
XI. That all bills shall be read three times in each House, before they pass into laws, and be signed by the Speakers of both Houses.
XII. That every person, who shall be chosen a member of the Senate or House of Commons, or appointed to any office or place of trust, before taking his seat, or entering upon the execution of his office, shall take an oath to the State ; and all officers shall take an oath of office.
XIII. That the General Assembly shall by joint ballot of both Houses, appoint Judges of the Supreme Courts
of law and equity, Judges of Admiralty, and AttorneyGeneral, who shall be commissioned by the Governor, and hold their offices during good behaviour.
XIV. That the Senate and House of Commons shall have power to appoint the Generals and field officers of the militia, and all officers of the regular army of this State.
XV. That the Senate and House of Commons jointly, at their first meeting after each annual election, shall by ballot, elect a Governor for one year, who shall not be eligible to that office longer than three, in six succes
That no person, under thirty years of age, and who has not been a resident in this State above five years, and having, in the State, a freehold in lands and tenements, above the value of one thousand pounds, shall be eligible as a Governor.
XVI. That the Senate and House of Commons, jointly at their first meeting, after each annual election, shall, by ballot, elect seven persons, to be a Council of State for one year, who shall advise the Governor in the execution of his office, and that four members shall be a quorum ; their advice and proceedings shall be entered in a journal, to be kept for that purpose only, and signed by the members present; to any part of which, any member present may enter his dissent. And such journal shall be laid before the General Assembly when called for by them.
XVII. That there shall be a seal of this State, which shall be kept by the Governor, and used by him as occasion may require ; and shall be called, The Great Seal of the State of North Carolina, and be affixed to all grants and commissions.
XVIII. The Governor, for the time being, shall be Captain General, and Commander in Chief of the Militia ; and in the recess of the General Assembly, shall have power by and with the advice of theCouncil of State, to embody the militia for the public safety.
XIX. The Governor, for the time being, shall have power to draw for, and apply such sums of money, as shall be voted by the General Assembly, for the contingencies of Government, and be accountable to them for
He also may, by and with the advice of the Council of State, lay embargoes, or prohibit the exportation of any commodity, for any term not exceeding 30 days, at any one time in the recess of the General Assembly ; and shall have the power of granting pardons and reprieves,except where the prosecution shall be carried on by the G. Assembly, or the law shall otherwise direct; in which case, he may in the recess, grant a reprieve until the next sitting of the General Assembly ; and may exercise all the other executive powers of Government, limited and restrained, as by this Constitution is mentioned, and according to the law of the State. And on his death, inability, or absence from the State, the Speaker of the Senate, for the time being, (and in case of his death, inability, or absence from the State, the Speaker of the House of Commons) shall exercise the powers of Government, after such death, or during such absence or inability of the Governor (or Speaker of the Senate) or until a new nomination is made by the General Assembly.
XX. That in every case, where any officer, the right of whose appointment is, by this Constitution, vested in the General Assembly, shall, during their recess, die, or his office by other means become vacant, the Governor shall have power, with the advice of the Council of State, to fill up such vacancy, by granting a temporary commission, which shall expire at the end of the next session of the General Assembly.
XXI. That the Governor, Judges of the Supreme Court of Law and Equity, Judges of Admiralty, and Attorney-General, shall have adequate salaries, during their continuance in office.
XXII. That the General Assembly shall, by joint ballot of both Houses, annually appoint a Treasurer, or Treasurers, for this State,
XXIII. That the Governor and other officers, offend. ing against the State, by violating any part of this Constitution, mal-administration, or corruption, may be prosecuted, on the impeachment of the General Assembly, or presentment of the Grand Jury, of any Court of Supreme Jurisdiction in this State.
XXIV. That the General Assembly shall, by joint ballot of both Houses, triennially appoint a Secretary for this State.
XXV. That no persons, who heretofore have been, or hereafter may be receivers of public monies, shall have a seat in either House of General Assembly, or be eligible to any office in this State, until such person shall have fully accounted for, and paid into the Treasury, all sums for which they may be accountable and li.. able.
XXVI. That no Treasurer shall have a seat, either in the Senate, House of Commons, or Council of State, during his continuance in that office, or before he shall have finally settled his accounts with the public, for all the monies, which may be in his hands, at the expiration of his office, belonging to the State, and hath paid the same into the hands of the succeeding Treasurer.
XXVII. That no officer in the regular army or navy, in the service and pay of the UnitedStates, of this or any other State, nor any contractor or agent for supplying such army or navy with cloathing or provisions, shall have a seat either in the Senate, House of Commons, or Council of State, or be eligible thereto: and
any member of the Senate, House of Commons, or Council of State, being appointed to, and accepting of such of fice, shall thereby vacate his seat.
XXVIII. That no member of the Council of State shall have a seat, either in the Senate or House of Commons.
XXIX. That no Judge of the Supreme Court of Law or Equity, or Judge of Admiralty, shall have a seat in the Senate, House of Commons, or Council of State.
XXX. That no Secretary of this State, AttorneyGeneral, or Clerk of any Court of Record, shall have a seat in the Senate, House of Commons, or Council of State.
XXXI. That no clergyman, or preacher of the gospel, of any denomination, shall be capable of being a member of either the Senate, House of Commons, or Council of State, while he continues in the exercise of the pastoral function.
XLVI. That neither House of the General Asseinbly shall proceed upon public business, unless a majority of all the Members of such House are actually present : and that, upon a motion made and seconded, the yeas and nays, upon any question, shall be taken and entered on the journals : and that the journals of the proceedings of both Houses of the General Assembly shall be printed, and made public immediately after their adjournment.
This Constitution is not intended to preclude the present Congress from making a temporary provision for the well ordering of this State, until the General Assembly shall establish government, agreeable to the mode herein before described.
RICHARD CASWELL, President. December the 18th, 1776, read the third time, and ratified in open Congress. By Order,
JAMES GREEN, Jun. Sec.
SOUTH-CAROLINA. The CONSTITUTION of the State of South-Carolina.
E, the Delegates of the People of the State of
South-Carolina in General Convention met, do ordain and establish this Constitution for its government.
ARTICLE I. SECTION 1. The Legislative authority of this State shall be vested in a General Assembly, which shall consist of Senate and House of Representatives.
II. 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.
III. The several election districts, in this State, shall elect the following number for Representatives, viz.