TITLE 167. Trustees. 1. WHEREAS doubts exist, whether the court of equity TIT. 167. have power to permit trustees to resign their trusts, with the consent of the parties entitled to the use of the trust estate, A. A. 1796. and to substitute other persons to support the trust: 2 Faust 96. In what cases, ther trustee tuted in his 2. Be it therefore enacted, That in every case of a trust estate, where the person or persons entitled to the use of any and by what property or estate, vested in trust, being of age, or his, her mode a trus or their guardian, if under age,* may be willing to have other tee may surtrustees substituted, in the room of those in whom the legal render his estate is vested, or to have any one or more trustees substitu- trust, and anoted in the room of any one or more of the first or former trustees, the court of equity shall be, and they are hereby autho- may be substi rized to permit such one or more of the first or former trustees, place. to surrender his, her or their trust, and to appoint such one or more trustees, in his, her or their room, as to the court of equity may appear fit, proper and adviseable, and the trustee or trustees so appointed and substituted, shall then be considered to all intents and purposes, as vested completely and absolutely with all the estate, right, title, interest, powers, privileges and authority, and as liable to all the conditions, terms and restrictions as that trustee or those trustees were vested with or liable to, in whose stead, room or place, he, she or they may be so appointed or substituted; and the first or former trustee, or trustees, shall be therefrom completely exonerated and discharged: such transac tion. 3. Provided always, That a certificate of such appointment What shall be and substitution shall be endorsed by the register or commis- done in order sioner in equity, upon the original trust deed, if the trust be to evidence created by deed, and the deed can be found, and that such a certificate shall be annexed to the original will, if the trust be created by will, and be lodged therewith, in the office where the will may be lodged, and that such a certificate shall also be recorded in the secretary's office, or other office wherever the deed or will may be recorded or lodged, or ought to be recorded or lodged. [See Title 90, Guardian and Ward.—Title 169, Uses, &c.] TIT. 168. A. D. 1787. of U. States, South Caroli na, May 1798] lb. $ 10. Limitation of the powers of individual states. Ibid. Art. 2. § 1. Executive power of the United States. The manner of electing the president and vice-president. Electors, their duty. TITLE 168. United States. 1. ALL legislative powers shall be vested in a Congress of the United States, which shall consist of a senate and house of representatives. 2. The house of representatives shall be composed of members chosen every second year, by the people of the several states, &c. [See Title 46, Congress of the United States.] 3. No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make any thing but gold and silver coin tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility. a 4. No state shall, without the consent of Congress, lay any impost or duties on imports, or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revi sion and control of the Congress. No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war, in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. 5. The executive power shall be vested in a president of the United States of America. He shall hold his office during the term of four years, and, together with the vice-president, chosen for the same term, be elected as follows: 6. Each state shall appoint in such manner as the legisla ture thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the state may be entitled in the Congress; but no senator or representative or person holding an office of trust or profit under the United States, shall be appointed an elector.. 7. The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed, to the seat of the government of the United States, directed to the president of the senate. The president of the senate shall, in the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the president, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an TIT. 168. Art. 2. § 1. equal number of votes, then the house of representatives shall immediately chuse by ballot one of them for president; and if no person have a majority, then from the five highest on A. D. 1787. the list the said house shall in like manner chuse the presi- Constitution dent. But in chusing the president, the votes shall be taken of U. States. by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice. In every case, after the choice of the president, the person having the greatest number of votes of the electors shall be the vice-president. But if there should remain two or more who have equal votes, the senate shall chuse from them by ballot the vice-president.* 8. No person except a natural born citizen, or a citizen of Qualifications the United States at the time of the adoption of this constitu- of president. tion, shall be eligible to the office of president; neither shall any person be eligible to that office who shall not have attain ed to the age of thirty-five years, and been fourteen years a resident within the United States. 9. In case of the removal of the president from office, or of Vacancy of his death, resignation, or inability to discharge the powers president, and duties of the said office, the same shall devolve on the how supplied. vice-president; and the Congress may by law provide for the case of removal, death, resignation or inability, both of the president and vice-president, declaring what officer shall then act as president; and such officer shall act accordingly, until the disability be removed, or a president shall be elected. 10. The president shall, at stated times, receive for his Compensation services, a compensation, which shall neither be increased nor of the presidiminished during the period for which he shall have been dent. elected; and he shall not receive within that period any other emolument from the United States, or any of them. 11. Before he enter on the execution of his office, he shall take the following oath or affirmation: 66 "I do solemnly swear (or affirm) that I will faithfully exe- His oath. cute the office of president of the United States; and will, to the best of my ability, preserve, protect and defend the constitution of the United States." Ib. § 2. 12. The president shall be commander in chief of the army and navy of the United States, and of the militia of the seve- His powers. ral states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. 13. He shall have power, by and with the advice and consent of the senate, to make treaties, provided two thirds of This section has been altered; see within, Laws of the United States, March 1804; 7th vol. of the Acts of Congress, page 142. [See Title 148, Rights of the People.-Title 46, Congress of the United States.] TIT. 168. A. D. 1787. Constitution of U. States. Art. 2. § 2. Ib. $3. His duties. Tb. § 4. the senators present concur; and he shall nominate, and by and with the consent of the senate shall appoint ambassadors, other public ministers and consuls, judges of the supreme court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law. But the Congress may, by law, vest the appointment of such inferior officers as they think proper, in the president alone, in the courts of law, or in the heads of departments. 14. The president shall have power to fill up all vacancies that may happen during the recess of the senate, by granting commissions which shall expire at the end of their next session. 15. He shall, from time to time, give to the Congress information of the state of the union, and recommend to their consideration, such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States. 16. The president, vice-president and all civil officers of How the pre- the United States, shall be removed from office on impeachsident, and all ment for, and conviction of treason, bribery, or other high civil officers, crimes and misdemeanors. may be remov ed from office. Ibid. 17. The judicial power of the United States, shall be vested in one supreme court, and in such inferior courts as the Art. 3. §1. Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office. Ib. $2. 18. The judicial power shall extend to all cases, in law and equity, arising under this constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls; in all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more states, between a state and citizens of another state, between citizens of different states, between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects. 19. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the supreme court shall have original jurisdiction. In all the other cases before mentioned the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the Congress shall make. TIT. 168. 20. The trial of all crimes, except in case of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shali have been committed; but when A. D. 1787. not committed within any state, the trial shall be at such Constitution plate or places as the Congress may by law have directed. of U.States. Art. 3. § 3. 21. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, gainst the giving them aid and comfort. No person shall be convicted United States. of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. 22. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. 23. Full faith and credit shall be given in each state to the public acts, records and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof. [See Title 74, Evidence.] Ibid. Art. 4. § 1. c. of the several states. 24. A person charged in any state with treason, felony, or lb. $2. other crime, who shall flee from justice, and be found in ano- Fugitives ther state, shall, on demand of the executive authority of the from justice. state from which he fled be delivered up, to be removed to the state having jurisdiction of the crime. Art. 6. and laws of the United er. A. A. 1794. 25. This constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties Constitution made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the jud- States the suges in every state shall be bound thereby, any thing in the preme law. constitution or laws of any state to the contrary notwithstanding. 26. The judicial power of the United States shall not be Amendments construed to extend to any suit in law or equity, commenced to Const. of U. or prosecuted against one of the United States by citizens of States, 1793. Judicial powanother state, or by citizens or subjects of any foreign state. 27. Whereas, by an act passed the 27th day of February, 1788, entitled, "An act for granting the sum of three 1 Faust 361. thousand five hundred pounds for the building of a court- A room prohouse and jury rooms for the district of Charleston, and for vided in appointing and empowering commissioners to execute the Charleston for same," it was enacted, that the commissioners thereby ap- and circuit pointed should be authorized and empowered to provide in courts of the the said court-house, rooms for the holding of the courts of United States general sessions of the peace, and of the common pleas, for for the South the district of Charleston; also rooms for the courts of chan- Carolina discery and of admiralty: And whereas the said commission- trict. ers, in compliance with the directions aforesaid, have appropriated the westernmost room on the ground or first floor, for the holding the courts of general sessions of the peace, and of the common pleas; the westernmost room on the second floor, for the holding the courts of equity; and the easternmost room on the second floor, for the holding the court of admiralty: the district |