ner as shall be hereafter regulated by law. All prifoners fhall be bailable by fufficient fureties, unless for capital offences, when the proof is evident, or the presumption great.

XL. That every foreigner who comes to fettle in this State, having first taken an oath of allegiance to the fame, may purchase, or by other just means acquire, hold and transfer land, or other real estate; and after one year's refidence fhall be deemed a free citizen.

XLI. That a school or schools fhall be established by the legiflature, for the convenient inftruction of youth, with fuch falaries to the mafters, paid by the public, as may enable them to inftruct at low prices; and all useful learning fhall be duly encouraged and promoted in one or more universities.

XLII. That no purchase of lands fhall be made of the Indian natives, but on behalf of the public, by authority of the General Affembly.

XLIII. That the future legiflature of this State shall regulate entails in fuch a manner as to prevent perpetuities.

XLIV. That the Declaration of Rights is hereby declared to be part of the Constitution of this State, and ought never to be violated, on any pretence whatsoever,

XLV. That any Member of either House of General Assembly shall have liberty to disfent from, and protest against, any act or refolye which he may think injurious to the public, or any individual, and have the reasons of his diffent entered on the Jourpals.

XLVI. That neither House of the General Affembly fhall proceed upon public business, unless a majority of all the Members of fuch House are actually prefent; and that upon a motion made and feconded, the yeas and nays upon any question fhall be taken and entered on the Journals; and that the Journals of the proceedings of both Houfes of the General Affembly fhall be printed, and made public, immediately after their adjournment.

This Conftitution is not intended to preclude the prefent Congrefs from making a temporary provifion for. the well-ordering of this State, until the General Affembly shall efta

blish

blish government agreeable to the mode herein before described.

RICHARD CASWELL, PRESIDENT.

December the eighteenth, one thousand feven hundred and seventy-fix, read the third time, and ratified in open Congrefs.

By Order,

JAMES GREEN, Jun. Secretary.

SOUTH

WH

Government agreed to and refolved upon by the Freemen of this country, met in Congress the 26th day of March, 1776, was temporary only, and fuited to the fituation of their public affairs at that period, looking forward to an accommodation with Great-Britain, an event then defired: and whereas the United Colonies of America have been fince conftituted Independent States, and the political connexion heretofore fubfifting between them and GreatBritain entirely diffolved, by the Declaration of the Honourable the Continental Congrefs, dated

dated the 4th day of July 1776, for the many great and weighty reasons therein particularly fet forth; it therefore becomes abfolutely neceffary to frame a Conftitution fuitable to that great event: Be it therefore conftituted and enacted, by his Excellency Rawlins Lowndes, Efq. Prefident and Commander in Chief in and over the State of South-Carolina, by the Honourable the Legislative Council and General Affembly, and by the authority of the fame, That the following articles agreed upon by the Freemen of this State, now met in General Affembly, be deemed and held the Conftitution and Form of Government of the faid State, unlefs altered by the legislative authority thereof; which Conftitution or Form of Government fhall immediately take place and be of force from the paffing of this Act, excepting fuch parts as are hereafter mentioned and specified.

I. That the ftile of this country be hereafter, THE STATE OF SOUTH-CAROLINA.

II. That the legislative authority be vested in a General Affembly, to confift of two diftinct bodies, a Senate and House of Represen

tatives;