You are here: Home >> American Archives |
last, dissolved the General Assembly of this Colony, and no other hath since been called, although, by law, the sitting and holding of General Assemblies, cannot be intermitted above six months; and having used his utmost efforts to destroy the lives, liberties, and properties of the good people here, whom, by the duty of his station, he was bound to protect, withdrew himself from the Colony, and carried off the Great Seal and the Royal Instructions to Governours. And whereas the Judges of the Courts of Law here have refused to exercise their respective functions so that it is become indispensably necessary that, during the present situation of American affairs, and until an accommodation of the unhappy differences between Great Britain and America can be obtained, (an event which, though traduced and treated as Rebels, we still earnestly desire,) some mode should be established by common consent, and for the good of the peoplethe origin and end of all Governmentfor regulating the internal polity of this Colony, the Congress being vested with powers competent for the purpose, and, having fully deliberated touching the premises, do therefore Resolve, I. That this Congress, being a full and free representation of the people of this Colony, shall henceforth be deemed and called the General Assembly of South-Carolina, and as such shall continue until the 21st day of October next, and no longer. II. That the General Assembly shall, out of their own body, elect by ballot a Legislative Council, to consist of thirteen Members, seven of whom shall be a quorum, and to continue for the same time as the General Assembly. III. That the General Assembly and the said Legislative Council shall jointly choose by ballot, from among themselves or from the people at large, a President and Commander-in-Chief, and a Vice-President of the Colony. IV. That a Member of the General Assembly, being chosen and acting as President and Commander-in-Chief, or Vice-President, or one of the Legislative Council, shall vacate his seat in the General Assembly, and another person shall be elected in his room; and if one of the Legislative Council is chosen President and Commander-in-Chief, or Vice-President, he shall lose his seat, and another person shall be elected in his stead. V. That there be a Privy Council, whereof the Vice-President of the Colony shall of course be a Member, and President of the Privy Council; and that six other members be chosen by ballotthree by the General Assembly, and three by the Legislative Council: Provided always, That no Officer of the Army or Navy, in the service of the Continent or of this Colony, shall be eligible; and a Member of the General Assembly or of the Legislative Council, being chosen of the Privy Council, shall not thereby lose his seat in the General Assembly or Legislative Council, unless he be elected Vice-President of the Colony; in which case he shall; and another person shall be chosen in his stead. The Privy Council, of which four to be a quorum, to advise the President and Commander-in-Chief when required; but he shall not be bound to consult them, unless in cases after-mentioned. VI. That the qualifications of the President and Commander-in-Chief, and Vice-President of the Colony, and Members of the Legislative and Privy Council, shall be the same as of Members of General Assembly; and, on being elected, they shall take an oath of qualification in the General Assembly. VII. That the Legislative authority be vested in the President and Commander-in-Chief, the General Assembly, and Legislative Council. All money Bills, for the support of Government, shall originate in the General Assembly, and shall not be altered or amended by the Legislative Council, but may be rejected by them; all other Bills and Ordinances may take rise in the General Assembly or Legislative Council, and be altered, amended, or rejected by either. Bills having passed the General Assembly and Legislative Council may be assented to or rejected by the President and Commander-in-Chief; having received his assent, they shall have all the force and validity of an Act of General Assembly of this Colony; and the General Assembly and Legislative Council, respectively, shall enjoy all other privileges which have at any time been claimed or exercised by the Commons House of Assembly; but the Legislative Council shall have no power of expelling their own Members. VIII. That the General Assembly and Legislative Council may adjourn themselves respectively; and the President and Commander-in-Chief shall have no power to adjourn, prorogue, or dissolve them; but may, if necessary, call them before the time to which they shall stand adjourned; and where a Bill has been rejected, it may, on a meeting after an adjournment (for not less than three days) of the General Assembly and Legislative Council, be brought in again. IX. That the General Assembly and the Legislative Council shall each choose their respective Speakers and their own Officers without control. X. That if any Member of the General Assembly, or of the Legislative Council, shall accept any place of emolument, or any commission, except in the Militia, he shall vacate his seat, and there shall thereupon be a new election; but he shall not be disqualified from serving upon being re-elected. XI. That on the last Monday in October next, and the day following, and on the; same days of every second year thereafter, Members of the General Assembly shall be chosen to meet on the first Monday in December then next, and continue for two years from the said last Monday in October; the General Assembly to consist of the same number of Members as this Congress does, each Parish and District having the same representation as at present, viz: The Parishes of St. Philip and St. Michael, Charlestown, thirty Members. The Parish of Christ-Church, six Members. The Parish of St. John, in Berkley County, six Members. The Parish of St. Andrew, six Members. The Parish of St. George, Dorchester, six Members. The Parish of St. James, Goose-Creek, six Members. The Parish of St. Thomas and St. Dennis, six Members. The Parish of St. Paul, six Members. The Parish of St. Bartholomew, six Members. The Parish of St. Helena, six Members. The Parish of St. James, Santee, six Members. The Parish of Prince George, Winyah, six Members. The Parish of Prince Frederick, six Members. The Parish of St. John, in Colleton County, six Members. The Parish of St. Peter, six Members. The Parish of Prince William, six Members. The Parish of St. Stephen, six Members. The District to the eastward of Wateree River, ten Members. The District of Ninety-Six, ten Members. The District of Saxe-Gotha, six Members. The District between Broad and Saludy Rivers, in three divisions, viz: The Lower District, four Members; the Little River District, four Members; the Upper or Spartan District, four Members. The District between Broad and Catawba Rivers, ten Members. The District called the New-Acquisition, ten Members. The Parish of St. Matthew, six Members. The Parish of St. David, six Members. The District between Savannah River and the North Fork of Edisto, six Members. And the election of the said Members shall be conducted, as near as may be, agreeable to the directions of the Election Act; and where there are no Churches or Churchwardens in a District or Parish, the General Assembly, at some convenient time before their expiration, shall appoint places of election, and persons to receive votes and make returns. The qualification of Electors shall be the same as required by law; but persons having property which, according to the rate of the last preceding tax, is taxable at the sums mentioned in the Election Act, shall be entitled to vote, though it was not actually taxed, having the other qualifications mentioned in that Act. Electors shall take an oath of qualification, if required by the returning officer; the qualification of the elected to be the same as mentioned in the Election Act, and construed to mean clear of debt. XII. That if any Parish or District neglects or refuses to
|