Page:The American Cyclopædia (1879) Volume XV.djvu/204

196 SOUTH CAKOLINA the state in behalf of the rebellion shall ever be paid ; presidential electors shall be elected by the people ; the distinction between actions at law and suits in equity is abolished. The right of suffrage is bestowed upon every male citi- zen of the United States, 21 years old and up- ward, who has resided in the state one year, and in the county where he shall offer to vote 60 days preceding the election. Elections are by ballot, and a plurality only of the votes cast is necessary to a choice. Qualified elec- tors, who acknowledge the existence of the Supreme Being, are entitled to hold office, with unimportant exceptions. The legislative power is vested in a general assembly, con- sisting of a senate composed of one member from each county except Charleston, which elects two senators, and a house of 124 repre- sentatives apportioned among the counties ac- cording to population, each county having at least one. The senators hold office for four years and the representatives for two. They receive $6 a day during the session, and 20 cents a mile for travel to and from the capital. The sessions of the legislature are annual, be- ginning on the fourth Tuesday of November. The state election is held on the third Wednes- day of October in even years. The executive power is vested in a governor (annual salary $3,600 with a furnished residence) and a lieu- tenant governor ($2,600), ex officio president of the senate, who hold office for two years ; a comptroller general ($3,000), treasurer ($2,500), secretary of state ($3,000), and attorney gen- eral ($3,000), who hold office for four years ; a superintendent of education ($2,500), and an adjutant and inspector general ($2,600). These officers are elected by the people. The gover- nor and lieutenant governor must have been two years resident in the state. The gover- nor's veto may be overcome by a two-thirds vote of the legislature. The judicial power is vested in a supreme court, circuit courts (each of which is subdivided into a court of com- mon pleas with civil jurisdiction, and a court of general sessions with criminal jurisdiction), probate courts, and courts of justices of the peace. The supreme court consists of a chief and two associate justices, elected by joint vote of the two houses of the legislature for six years. The chief justice receives an annual salary of $4,000, and the associates $3,500 each. The state is divided into eight circuits, for each of which a judge is elected by ioint vote of the legislature for four years ; each receives a salary of $3,500 a year. The supreme court has in general appellate juris- diction only. The courts of common pleas have exclusive jurisdiction in matters of di- vorce, exclusive original jurisdiction in civil cases not cognizable by justices of the peace, and appellate jurisdiction in cases provided for by law. The courts of sessions have ex- clusive jurisdiction in criminal cases not other- wise provided for by law. A judge of probate is elected for each county by the people for two years. Trial justices appointed by the governor have jurisdiction of civil cases where the amount involved does not exceed $100, and of criminal proceedings for minor offences. A homestead not exceeding $1,000 in value is exempt from sale under execution, to every head of a family. A poll tax not exceeding $1 may be levied for school purposes. Provision is made for taking decennial censuses, beginning in 1875. The property of a married woman is not liable for the debts of her husband, and she may deal with it in all respects as if un- married. Before the adoption of the present constitution, divorce was unknown in the state. Divorces are now granted for adultery or de- sertion for two years ; and the one deserting may obtain a divorce if the desertion is justi- fied by cruel treatment, or by neglect of the husband to provide maintenance. The death penalty is abolished, except in cases of wilful murder. Arson and rape are punishable by imprisonment for life or for a period not less than 10 years; the penalty of manslaughter and of burglary is imprisonment for a period not exceeding 30 years. The legal rate of in- terest, in the absence of agreement, is 7 per cent., but any rate may be contracted for. A convention to revise the constitution may be called by vote of the people, the question hav- ing been submitted to them by a two-thirds vote of each house of the legislature. Specific amendments must be proposed by two thirds of each house, voted for by a majority of the people at the next general election, and after- ward ratified by a two-thirds vote of each house of the next general assembly. The state has two senators and five representatives in congress, and is therefore entitled to seven votes in the electoral college. The state debt on Nov. 1, 1874, was reported at $17,017,651, including $9,540,750 bonded debt, $2,679,293 floating debt, and $4,797,608 contingent liabili- ties. Not included in this statement are bonds to the amount of $5,966,000 issued under the act of March 23, 1869, for the conversion of state securities, which have been declared by the legislature to have been issued without au- thority, and to be therefore null and void ; but the statement includes interest on these bonds, amounting to $894,750, which it is asserted is illegal and should be deducted from the state's liabilities. The bonded debt falls due at differ- ent dates between 1877 and 1893 ; the rate of interest on most of it is 6 per cent. The float- ing debt consists of unpaid appropriations and over-due interest. fThe contingent liabilities were created by the indorsement by the state of the following railroad bonds, the state being secured by mortgages on the roads : South Carolina railroad $2,098.812 Northeastern !)2,000 Charleston and Savannah 505.000 Savannah and Charleston . 245,760 Laurens 75,000 Bpartanburp and Union 850,000 Greenville and Columbia 1,486,54* Total .. $4,797,608