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elect Members, or if the Members chosen do not meet in General Assembly, those who do meet shall have the powers of the General Assembly; not less than forty-nine Members shall make a House to do business; but the Speaker or any seven Members may adjourn from day to day.
XIII. That as soon as may be after the first meeting of the General Assembly, the President and Commander-in-Chief, a Vice-President of the Colony, and Privy Council, shall be chosen in manner and for the time above-mentioned; and till such choice shall be made, the former President and Commander-in-Chief, and Vice-President of the Colony, and Privy Council, shall continue to act as such.
XIV. That in case of the death of the President and Commander-in-Chief, or his absence from the Colony, the Vice-President of the Colony shall succeed to his office, and the Privy Council shall choose out of their own body a Vice-President of the Colony; and in case of the death of the Vice-President of the Colony, or his absence from the Colony, one of the Privy Council (to be chosen by themselves) shall succeed to his office, until a nomination to those offices respectively by the General Assembly and Legislative Council for the remainder of the time for which the officer so dying, or being absent, was appointed.
XV. That the Delegates of this Colony, in the Continental Congress, be chosen by the General Assembly and Legislative Council jointly, by ballot, in the General Assembly.
XVI. That the Vice-President of the Colony and the Privy Council, or the Vice-President and a majority of the Privy Council for the time being, shall exercise the powers of a Court of Chancery; and there shall be an Ordinary, who shall exercise the powers heretofore exercised by that officer in this Colony.
XVII. That the jurisdiction of the Court of Admiralty be confined to maritime causes.
XVIII. That all suits and process depending in any Courts of Law or Equity may, if either party shall be so inclined, be proceeded in and continued to a final ending, without being obliged to commence de novo; and the Judges of the Courts of Law shall cause Jury Lists to be made, and Juries to be summoned, as near as may be according to the directions of the Acts of the General Assembly in such cases provided.
XIX. That Justices of the Peace shall be nominated by the General Assembly, and commissioned by the President and Commander-in-Chief during pleasure; they shall not be entitled to fees except on prosecutions for felony; and, not acting in the Magistracy, they shall not be entitled to the privileges allowed to them by law.
XX. That all other Judicial Officers shall be chosen by ballot, jointly, by the General Assembly and Legislative Council, and (except the Judges of the Court of Chancery) commissioned by the President and Commander-in-Chief during good behaviour; but shall be removed on address of the General Assembly and Legislative Council.
XXI. That the Sheriffs, qualified as by law directed, shall be chosen in like manner by the General Assembly and Legislative Council, and commissioned by the President and Commander-in-Chief for two years only.
XXII. That Commissioners of the Treasury, the Secretary of the Colony, the Register of Mesne Conveyances, Attorney-General, and Powder Receiver, be chosen by the General Assembly and Legislative Council jointly, by ballot, and commissioned by the President and Commander-in-Chief during good behaviour; but shall be removed on address of the General Assembly and Legislative Council.
XXIII. That all Field-Officers in the Army, and all Captains in the Navy, shall be by the General Assembly and Legislative Council chosen jointly, by ballot, and commissioned by the President and Commander-in-Chief; and that all other Officers in the Army and Navy shall be commissioned by the President and Commander-in-Chief.
XXIV. That in case of vacancy in any of the offices above directed to be filled by the General Assembly and Legislative Council, the President and Commander-in-Chief, with the advice and consent of the Privy Council, may appoint others in their stead, until there shall be an election by the General Assembly and Legislative Council to fill those vacancies respectively.
XXV. That the President and Commander-in-Chief, with the advice and consent of the Privy Council, may appoint during pleasure, until otherwise directed by resolution of the General Assembly and Legislative Council, all other necessary officers, except such as are by law directed to be otherwise chosen.
XXVI. That the President and Commander-in-Chief shall have no power to make war or peace, or enter into any final treaty, without the consent of the General Assembly and Legislative Council.
XXVII. That if any Parish or District shall neglect to elect a Member or Members on the day of election, or in case any person chosen a Member of the General Assembly shall refuse to qualify and take his seat as such, or die, or depart the Colony, the said General Assembly shall appoint proper days for electing a Member or Members of the said General Assembly in such cases respectively. And on the death of a Member of the Legislative, or Privy Council, another Member shall be chosen in his room, in manner above-mentioned for the election of Members of the Legislative and Privy Council, respectively.
XXVIII. That the Resolutions of the Continental Congress now of force in this Colony, shall so continue until altered or revoked by them.
XXIX. That the Resolutions of this, or any former Congress of this Colony, and all Laws now of force here, and not hereby altered, shall so continue, until altered or repealed by the Legislature of this Colony, unless where they are temporary, in which case they shall expire at the times respectively limited for their duration.
XXX. That the Executive authority be vested in the President and Commander-in-Chief, limited and restrained as aforesaid.
XXXI. That the President and Commander-in-Chief, Vice-President of the Colony, and Privy Council, respectively, shall have the same personal privileges as are allowed by act of Assembly to the Governour, Lieutenant-Governour, and Privy Council.
XXXII. That all persons now in office shall hold their commissions until there shall be a new appointment, in manner above directed; at which time all commissions, not derived from authority of the Congress of this Colony, shall cease and be void.
XXXIII. That all persons, who shall be chosen and appointed to any office, or to any place of trust, before entering upon the execution of office, shall take the following Oath:
I, A B, do swear, that I will, to the utmost of my power, support, maintain, and defend the Constitution of South-Carolina, as established by Congress, on the 26th day of March, one thousand seven hundred and seventy-six, until an accommodation of the differences between Great Britain and America shall take place, or I shall be released from this oath by the Legislative authority of the said Colony. So help me God.;
And all such persons shall also take an oath of office.
XXXIV. That the following yearly Salaries be allowed to the publick officers undermentioned:
The President and Commander-in-Chief, nine thousand Pounds.
The Chief Justice and the Assistant Judges, the salaries, respectively, as by act of Assembly established.
The Attorney-General, two thousand one hundred Pounds, in lieu of all charges against the publick for fees upon criminal prosecutions.
The Ordinary, one thousand Pounds.
The three Commissioners of the Treasury, two thousand Pounds each.
And all other publick Officers shall have the same salaries as are allowed such Officers respectively by act of Assembly.
By order of the Congress.
March 26, 1776.
Ordered, That Mr. President of the Congress do sign the same, and also the Secretary.
Which being done,
Ordered, That the Secretary do cause the same to be forthwith printed and published, and three copies delivered for every Member.
Ordered, That Colonel Parsons and Mr. Bee, be a Committee to prepare and report the form of an Oath proper to be administered to his Excellency the President and Commander-in-Chief,