Apportioned according to white popula tion and taxes.

Census to be taken.

Fractions.

several election districts of the State, according to the number of white inhabitants contained, and the amount of all taxes raised by the legislature, whether direct or indirect, or of whatever species, paid in each, deducting therefrom, all taxes paid on account of property held in any other district; and adding thereto, all taxes elsewhere paid on account of property held in such district; an enumeration of the white inhabitants for this purpose, shall be made in the year one thousand eight hundred and nine, and 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 districts in the above mentioned proportion, by act of the Legislature, at the session immediately succeeding the above enumeration.

SEC. 3. If the enumeration herein directed, should not be made in the course of the year appointed for the purpose, by these amendments, it shall be the duty of the Governor, to have it effected as soon thereafter as shall practicable.

SEC. 4. In assigning representatives to the several districts of this State, the legislature shall allow one representative for every sixty-second part of the whole number of white inhabitants in the State; and one representative also for every sixty-second part of the whole taxes raised by the legislature of the State. The legis lature shall further allow one representative for such fractions of the sixty-second part of the white inhabitants of the State, and of the sixty-second part of the taxes raised by the legislature of the State, as when added together, form a unit.

SEC. 5. In every apportionment of representation, under these amendments, which shall take place after the first apportionment, the amount of taxes shall be estimated from the average of the ten preceding years; but the first apportionment shall be founded upon the tax of the preceding year, excluding from the amount thereof, the whole produce of the tax on sales at public auction.

SEC. 6. If in the apportionment of representatives under these amendments, any election district shall appear not to be entitled, from its population and its taxes, to a representative, such election district shall, nevertheless, send one representative; and if there should be still a deficiency of the number of representatives required by these amendments, such deficiency shall be supplied by assigning representatives to those election districts having the largest surplus fractions, whether those fractions consist of a combination of population and taxes, or of population, or of taxes separately, until the number of one hundred and twenty-four members be provided.

SEC. 7. No apportionment, under these amendments, shall be construed to take effect in any manner, until the general election

which shall succeed such apportionment.

SEC. 8. The election districts for members of the House of Re- Election Districts establishpresentatives, shall be and remain as heretofore established, except ed. Pendleton Saxe Gotha and Newberry, in which the boundaries shall be al- changed, 1820. tered as follows, viz: That part of Lexington in the fork of Broad and Saluda rivers, shall no longer compose a part of the election district of Newberry, but shall be henceforth attached to and form a part of Saxe Gotha. And also except Orange and Barnwell, or Winton, in which the boundaries shall be altered as follows, viz: That part of Orange in the fork of Edisto, shall no longer compose a part of the election district of Barnwell or Winton, but shall be henceforth attached to, and form a part of Orange election district.

SEC. 9. The Senate shall be composed of one member from Senators. each election district, as now established for the election of members of the House of Representatives, except the district formed by the parishes of St. Philip and St. Michael, to which shall be allowed two Senators, as heretofore.

SEC. 10. The seats of those Senators who, under the constitu- Classed. tion, shall represent two or more election districts, on the day pre

ceding the second Monday of October, which will be in the year one thousand eight hundred and ten, shall be vacated on that day, and the new Senators who shall represent such districts under these amendments, shall, immediately after they shall have been assembled under the first election, be divided by lot into two classes; the seats of the Senators of the first class shall be vacated at the expiration of the second year; and of the second class, at the expiration of the fourth year; and the number of these classes shall be proportioned, that one half of the whole number of Senators may, as nearly as possible, continue to be chosen thereafter every second year.

SEC. 11. None of these amendments, becoming parts of the Mode of altering these constitution of this State, shall be altered, unless a bill to alter the amendments. same shall have been read, on three several days, in the House of Representatives, and on three several days, in the Senate, and agreed to at the second and third reading, by two-thirds of the whole representation, in each branch of the legislature; neither shall any alteration take place, until the bill, so agreed to, be published three months previous to a new election for members to the House of Representatives; and if the alteration proposed by the legislature shall be agreed to in their first session, by

two-thirds of the whole representation, in each branch of the legislature, after the same shall have been read on three several days in each house, then, and not otherwise, the same shall become a part of the constitution.

Qualifications of voter changed.

AMENDMENT, RATIFIED DECEMBER 19, 1810.

That the fourth section of the first article of the constitution of this State, be altered and amended to read as follows: Every free white man, of the age of twenty-one years, paupers, and noncommissioned officers and private soldiers of the army of the United States, excepted, 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 seized 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 months before the said election, 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.

Times and pla

ces for the

meeting of the

AMENDMENT, RATIFIED DECEMBER 19, 1816.

That the third section of the tenth article of the constitution of this State, be altered and amended to read as follows: The JudJudges, at the ges shall, at such times and places as shall be prescribed by act of discretion of the Legislature, the legislature of this State, meet 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.

Election Dis

trict of Pendle

AMENDMENT, RATIFIED DECEMBER 20, 1820.

That all that territory lying within the chartered limits of this

ton changed. State, and which was ceded by the Cherokee nation, in a treaty concluded at Washington, on the twenty-second day of March,

in the year of our Lord one thousand eight hundred and sixteen, and confirmed by an act of the legislature of this State, passed on the nineteenth day of December, in the same year, shall be, and the same is hereby declared to be annexed to, and shall form and continue a part of the election district of Pendleton.

AMENDMENT, RATIFIED DECEMBER 19-20, 1828.

That the third section of the fifth article of the constitution of this State, shall be altered, to read as follows, viz:

SEC. 3. The Governor, Lieutenant-Governor, and all civil Grounds of officers, shall be liable to impeachment for high crimes and misde-altered. impeachment meanors, for any misbehaviour in office, for corruption in procuring office, or for any act which shall degrade their official character. But judgment, in such cases shall not extend further than to removal from office, and disqualification to hold any office of honor, trust, or profit, under this State. The party convicted shall, nevertheless, be liable to indictment, trial, judgment and punishment, according to law.

SEC. 4. All civil officers, whose authority is limited to a single All District election district, a single judicial district, or part of either, shall offices to be regulated by be appointed, hold their office, be removed from office, and in ad- law. dition to liability to impeachment, may be punished for official misconduct, in such manner as the legislature, previous to their appointment, may provide.

SEC. 5. If any civil officer shall become disabled from dischar- Removal for infirmity, ging the duties of his office, by reason of any permanent bodily or mental infirmity, his office may be declared to be vacant, by joint resolution, agreed to by two-thirds of the whole representation in each branch of the legislature: Provided, That such resolution shall contain the grounds for the proposed removal, and before it shall pass either house, a copy of it shall be served on the officer, and a hearing be allowed him.

AMENDMENT, RATIFIED DECEMBER 6, 1834.

That the fourth article of the Constitution of this State, shall be Oath of office. amended, so as to read as follows, viz: Every person who shall be chosen or appointed to any office of profit or trust, before en

138

THE CONSTITUTION OF THE STATE OF SOUTH CAROLINA.

tering on the execution thereof, shall take the following oath : "I do solemnly swear, (or affirm,) that I will be faithful, and true allegiance bear to the State of South Carolina, so long as I may continue a citizen thereof; and that I am duly qualified, according to the constitution of this State, to exercise the office to which I have been appointed; and that I will, to the best of my abilities, discharge the duties thereof, and preserve, protect, and defend the constitution of this State, and of the United States: So help me God."