(except in cases of impeachment,) in such manner, on such terms, and under such restrictions as he shall think proper; and he shall have power to remit fines and forfeitures, unless otherwise directed by law. It shall be his duty to report to the general assembly, at the next regular session thereafter, all pardons granted by him, with a full statement of each case, and the reasons moving him thereunto.

SEC. 12. He shall take care that the laws be faithfully executed, in mercy. SEC. 13 The governor and lieutenant governor shall, at stated times, receive for their services a compensation, which shall be neither increased nor diminished during the period for which they shall have been elected.

SEC. 14. All officers in the executive department shall, when required by the governor, give him information in writing upon any subject relating to the duties of their respective offices.

SEC. 15. The governor shall, from time to time, give to the general assembly information of the condition of the State, and recommend to their consideration such measures as he shall judge necessary or expedient.

SEC. 16. He may, on extraordinary occasions, convene the general assembly; and should either house remain without a quorum for five days, or in case of disagreement between the two houses with respect to the time of adjournment, may adjourn them to such time as he shall think proper; not beyond the time of the annual session then next ensuing.

SEC. 17. He shall commission all officers of the State.

SEC. 18. There shall be a seal of the State, for which the general assembly, at its first session, shall provide, and which shall be used by the governor offcially, and shall be called "The great seal of the State of South Carolina.”

SEC. 19. All grants and commissions shall be issued in the name and by the authority of the State of South Carolina, sealed with the great seal, signed by the governor, and countersigned by the secretary of state.

SEC. 20. The governor and the lieutenant governor, before entering upon the duties of their respective offices, shall take and subscribe the oath of office as prescribed in article 2, section 30 of this constitution.

SEC. 21. The governor shall reside at the capital of the State; but during the sittings of the general assembly he shall reside where its sessions are held, except in case of contagion.

SEC. 22. Every bill or joint resolution which shall have passed the general assembly, except on a question of adjournment, shall, before it becomes a law, be presented to the governor, and, if he approve, he shall sign it; if not, he shall return it, with his objections, to the house in which it shall have originated; which shall enter the objections at large on its journals, and proceed to reconsider it. If, after such reconsideration, two-thirds of that house shall agree to pass it, it shall be sent, together with the objections, to the other house, by which it shall be reconsidered, and if approved by two-thirds of that house, it shall have the same effect as if it had been signed by the governor; but, in all such cases the vote of both houses shall be taken by yeas and nays, and the names of the persons voting for and against the bill or joint resolution shall be entered on the journals of both houses respectively. If a bill or joint resolution shall not be returned by the governor within three days after it shall have been presented to him, Sundays excepted, it shall have the same force and effect as if he had signed it, unless the general assembly, by their adjournment, prevent its return, in which case it shall not have such force and effect unless returned within two days after their next meeting.

SEC. 23. There shall be elected by the qualified voters of the State a comp troller general, and treasurer, and a secretary of state, who shall hold their respective offices for the term of four years, and whose duties and compensation shall be prescribed by law.

ARTICLE IV.

Judicial department.

SECTION 1. The judicial power of this State shall be vested in a supreme court, in two circuit courts, to wit: a court of common pleas, having civil jurisdiction, and a court of general sessions, with criminal jurisdiction only; in probate courts, and in justices of the peace. The general assembly may also establish such municipal and other inferior courts as may be deemed necessary.

Sec. 2. The supreme court shall consist of a chief justice and two associate justices, any two of whom shall constitute a quorum. They shall be elected by a joint vote of the general assembly, for the term of six years, and shall continue in office until their successors shall be elected and qualified. They shall be so classified that one of the justices shall go out of office every two years.

SEC. 3. The chief justice elected under this constitution shall continue in office for six years, and the general assembly immediately after the said election shall determine which of the two associate justices elect shall serve for the term of two years and which for the term of four years; and having so determined the same, it shall be the duty of the governor to commission them accordingly. SEC. 4. The supreme court shall have appellate jurisdiction only in cases of chancery, and shall constitute a court for the correction of errors at law, under such regulations as the general assembly may by law prescribe: Provided, The said court shall always have power to issue writs of injunction, mandamus, quo warranto, habeas corpus, and such other orignal and remedial writs as may be necessary to give it a general supervisory control over all other courts in the

State.

SEC. 5. The supreme court shall be held at least once in each year, at the seat of government, and at such other place or places in the State as the general assembly may direct.

SEC. 6. No judge shall preside on the trial of any cause in the event of which he may be interested, or where either of the parties shall be connected with him by affinity or consanguinity, within such degrees as may be prescribed by law, or in which he may have been counsel, or have presided in any inferior court, except by consent of all the parties. In case all or any of the judges of the supreme court shall be thus disqualified from presiding in any cause or causes, the court or the judges thereof shall certify the same to the governor of the State, and he shall immediately commission, specially, the requisite number of men learned in the law for the trial and determination thereof. The same course shall be pursued in the circuit and inferior courts as is prescribed in this section for cases of the supreme court.

SEC. 7. There shall be appointed by the judges of the supreme court a reporter and clerk of said court, who shall hold their offices for two years, and whose duties and compensation shall be prescribed by law.

SEC. 8. When a judgment or decree is reversed or affirmed by the supreme court, every point made and distinctly stated in writing in the cause, and fairly arising upon the record of the case, shall be considered and decided; and the reasons therefor shall be concisely and briefly stated in writing, and preserved with the records of the case.

SEC. 9. The judges of the supreme court and circuit courts shall, at stated times, receive a compensation for their services, to be fixed by law, which shall not be diminished during their continuance in office. They shall not be allowed any fees or perquisites of office, nor shall they hold any other office of trust or profit under this State, the United States, or any other power.

SEC. 10. No person shall be eligible to the office of judge of the supreme court or circuit courts who is not at the time of his election a citizen of the United States, and has not attained the age of 30 years, and been a resident of this

State for five years next preceding his election, or from the adoption of this constitution.

SEC. 11. All vacancies in the supreme court, or other inferior tribunals, shall be filled by election as herein prescribed: Provided, That if the unexpired term does not exceed one year, such vacancy may be filled by executive appointment. All judges, by virtue of their office, shall be conservators of the peace throughout the State.

SEC. 12. In all cases decided by the supreme court, a concurrence of two of the judges shall be necessary to a decision.

SEC. 13. The State shall be divided into convenient circuits, and for each eircuit a judge shall be elected by joint ballot of the general assembly, who shall hold his office for a term of four years, and during his continuance in office he shall reside in the circuit of which he is judge.

SEC. 14. Judges of the circuit court shall interchange circuits with each other in such manner as may be determined by law.

SEC. 15. The courts of common pleas shall have exclusive jurisdiction in all cases of divorce, and exclusive original jurisdiction in all civil cases and actions ex delicto, which shall not be cognizable before justices of the peace, and appellate jurisdiction in all such cases as may be provided by law. They shall have power t issue writs of mandamus, prohibition, scire facias, and all other writs which may be necessary for carrying their powers fully into effect.

SEC. 16. The court of common pleas shall sit in each judicial district in this State at least twice in every year, at such stated times and places as may be appointed by law. It shall have jurisdiction in all matters of equity; but the courts heretofore established for that purpose shall continue as now organized until the first day of January, one thousand eight hundred and sixty-nine, for the disposition of causes now pending therein, unless otherwise provided by law. SEC. 17. The general assembly shall provide by law for the preservation of the records of the courts of equity, and also for the transfer to the court of common pleas and probate courts for final decision of all causes that may remain undetermined. It shall be the duty of the judges of the supreme and cirenit courts to file their decisions within 60 days from the last day of the term of court at which the causes were heard.

SEC. 18. The court of general sessions shall have exclusive jurisdiction over all criminal cases which shall not be otherwise provided for by law. It shall sit in each county in the State at least three times in each year, at such stated times and places as the general assembly may direct.

SEC. 19. The qualified electors of each county shall elect three persons for the term of two years, who shall constitute a board of county commissioners, which shall have jurisdiction over roads, highways, ferries, bridges, and in all matters relating to taxes, disbursements of money for county purposes, and in every other case that may be necessary to the internal improvement and local concerns of the respective counties: Provided, That in all cases there shall be the right of appeal to the State courts.

SEC. 20. A court of probate shall be established in each county, with jurisdiction in all matters testamentary and of administration, in business appertaining to minors and the allotment of dower in cases of idiocy and lunacy, and persons non compotes mentis. The judge of said court shall be elected by the qualified electors of the respective counties for the term of two years.

SEC. 21. A competent number of justices of the peace and constables shall be chosen in each county by the qualified electors thereof, in such manner as the general assembly may direct; they shall hold their offices for a term of two years, and until their successors are elected and qualified. They shall reside in the county, city, or beat for which they are elected, and the justices of the peace shall be commissioned by the governor.

SEC. 22. Justices of the peace, individually, or two or more of them jointly,

as the general assembly may direct, shall have original jurisdiction in cases of bastardy, and in all matters of contract, and actions for the recovery of fines and forfeitures where the amount claimed does not exceed $100, and such jurisdiction as may be provided by law in actions ex delicto, where the damages claimed do not exceed $100; and prosecutions for assault and battery, and other penal offences less than felony, punishable by fines only.

SEC. 23. They may also sit as examining courts, and commit, discharge, or recognize (except in capital cases) persons charged with offences, subject to such regulations as the general assembly may provide; they shall also have power to bind over to keep the peace, or for good behavior. For the foregoing purposes they shall have power to issue all necessary processes.

SEC. 24. Every action cognizable before justices of the peace instituted by summons or warrant, shall be brought before some justice of the peace in the county or city where the defendant resides, and in all such causes tried by them the right of appeal shall be secured under such rules and regulations as may be provided by law.

SEC. 25. The judges of probate, county commissioners, justices of the peace, and constables, shall receive for their services such compensation and fees as the general assembly may from time to time by law direct.

SEC. 26 Judges shall not charge juries in respect to matters of fact, but may state the testimony and declare the law.

SEC. 27. There shall be elected in each county, by the electors thereof, one clerk for the court of common pleas, who shall hold his office for the term of four years, and until his successor shall be elected and qualified. He shall, by virtue of his office, be clerk of all other courts of record held therein; but the general assembly may provide by law for the election of a clerk, with a like term of office, for each or any other of the courts of record, and may authorize the judge of the probate court to perform the duties of clerk for his court, under such regulations as the general assembly may direct. Clerks of courts shall be removable for such cause and in such manner as shall be prescribed by law.

SEC. 28. There shall be an attorney general for the State, who shall perform such duties as may be prescribed by law. He shall be elected by the qualified electors of the State for the term of four years, and shall receive for his services such compensation as shall be fixed by law.

SEC. 29 There shall be one solicitor for each circuit, who shall reside therein, to be elected by the qualified electors of the circuit, who shall hold his office for the term of four years, and shall receive for his services such compensation as shall be fixed by law. In all cases where an attorney for the State, of circuit, fails to attend and prosecute, according to law, the court shall have power to appoint an attorney pro tempore.

any

SEC. 30. The qualified electors of each county shall elect a sheriff and a coroner, for the term of four years, and until their successors are elected and qualified; they shall reside in their respective counties during their continuance in office, and be disqualified for the office a second time, if it should appear that they or either of them are in default for moneys collected by virtue of their respective offices.

SEC. 31. All writs and processes shall run, and all prosecutions shall be conducted in the name of the State of South Carolina; all writs shall be attested by the clerk of the court from which they shall be issued; and all indictments shall conclude against the peace and dignity of the State.

SEC. 32. The general assembly shall provide by law for the speedy publication of the decisions of the supreme court made under this constitution.

SEC. 33. The first general assembly convened under this constitution, at their first session, immediately after their permanent organization, shall ratify the amendment to the Constitution of the United States known as the fourteenth article, proposed by the Thirty-ninth Congress.

SEC. 34. All contracts, whether under seal or not, the consideration of which were for the purchase of slaves, are hereby declared null and void and of no effect, and no suit, either at law or equity, shall be commenced or prosecuted for the enforcement of such contracts, and all proceedings to enforce satisfaction or payment on judgments or decrees rendered, recorded, enrolled, or entered upon such contracts, in any court of this State, are hereby prohibited, and all orders heretofore made in this State, in relation to such contracts, whereby property is held subject to decision as to the validity of such contracts, are also hereby declared null and void and of no effect.

ARTICLE V.

Jurisprudence.

SECTION 1. The general assembly shall pass such laws as may be necessary and proper, to decide differences by arbitrators, to be appointed by the parties who may choose that summary mode of adjustment.

SEC. 2. It shall be the duty of the general assembly to pass the necessary laws for the change of venue in all cases, civil and criminal, over which the circuit courts have original jurisdiction, upon a proper showing, supported by affidavit, that a fair and impartial trial cannot be had in the county where such trial or prosecution was commenced.

SEC. 3. The general assembly, at its first session after the adoption of this constitution, shall make provision to revise, digest, and arrange, under proper heads the body of our laws, civil and criminal, and form a penal code, founded upon principles of reformation, and have the same promulgated in such manner as they may direct; and a like revision, digest, and promulgation shall be made within every subsequent period of ten years. That justice may be administered in a uniform mode of pleading without distinction between law and equity, they shall provide for abolishing the distinct forms of action, and for that purpose shall appoint some suitable person or persons, whose duty it shall be to revise, simplify, and abridge the rules, practice, pleadings, and forms of the courts now in use in this State.

ARTICLE VI.

Eminent domain.

SECTION 1. The State shall have concurrent jurisdiction on all rivers bordering on this State, so far as such rivers shall form a common boundary to this and any other State bounded by the same; and they together with all other navigable waters within the limits of the State shall be common highways, and forever free as well to the inhabitants of this State as to the citizens of the United States, without any tax or impost therefor, unless the same be expressly provided for by the general assembly.

SEC. 2. The title to all lands and other property which have heretofore accrued to this State by grant, gift, purchase, forfeiture, escheats, or otherwise, shall vest in the State of South Carolina the same as though no change had taken place.

SEC. 3. The people of the State are declared to possess the ultimate property in and to all lands within the jurisdiction of the State; and all lauds, the title to which shall fail from defect of heirs, shall revert, or escheat to the people.

ARTICLE VII.

Impeachments.

SECTION 1. The house of representatives shall have the sole power of impeachA vote of two-thirds of all the members elected shall be required for an

ment.