PREAMBLE
The War Between the States produced some of the most outstanding civil
and military leaders in the history of mankind. To perpetuate the idealism
that animated the Confederate Cause and to honor the courage, devotion
and endurance of those who dedicated their lives and services during
four years of devastating war, and who, throughout the dreadful decade
of reconstruction, labored heroically for the restoration of self-government
as the most precious heritage of the American Revolution, male descendants
of the officers who honorably served in the Army, Navy and other commands
of the Confederate Executive and Legislative branches of government
unite to establish the South Carolina Society, Military Order of the
Stars and Bars, a patriotic society.
ARTICLE I
Name and Authority
Section 1. The name of this organization shall be South Carolina Society,
The Military Order of the Stars and Bars.
Section 2. The Military Order of the Stars and Bars (the “General
Society”) is a non-profit 501(c)-3 corporation, originally incorporated
under the laws of the State of Mississippi, with principal offices
currently at the International Headquarters at White House, Tennessee.
Section 3. The South Carolina Society, The Military Order of the Stars
and Bars (the “State Society”) is a non-profit 501(c)-3
corporation, incorporated under the laws of the State of South Carolina,
with principal offices in the residence of the State Society commander
until such time as a permanent Headquarters is established by the State
convention, pursuant to Article XIX.
Section 4. Both this Constitution and the State Society are established
pursuant to authority given in the Constitution of the General Society.
In the event of any conflict between the constitution or By-laws of
the General Society, and this constitution, the former shall control.
ARTICLE II
Nature and Purpose
Section 1. The South Carolina Society, Military Order of the Stars
and Bars, (hereinafter referred to as the South Carolina Society),
is a part of the National confederation known as the Military Order
of the Stars and Bars, and, as such, is subject to the National Constitution,
By-Laws, and other regulations of that organization. It is also, according
to the provisions of that Constitution, a part of the Army of Northern
Virginia Department, Military Order of the Stars and Bars.
Section 2. The South Carolina Society is a literary, historical,
genealogical, benevolent, patriotic, educational, and non-political
organization. Each member shall perform his full duty as a citizen
of the United States according to his own conscience and understanding.
The membership of the South Carolina Society of the Military Order
of the Stars and Bars shall strive:
a. To cultivate the ties of friendship among descendants of those
who shared the responsibilities of Southern leadership in The War Between
the States.
b. To provide leadership in the collecting and assembling of data, documents
and material relating to the Confederacy; however, the organization shall also
preserve the history of the Colonial and Federal periods of our history, since
the antecedents of The War Between the States are to be found in these periods.
c. To provide groundwork for future generations of the descendants of Confederate
officers and civilian officials in the Executive and Legislative branches of
government by establishing an organization to commemorate and honor the leadership
of their forefathers.
d. To consecrate in our hearts the Flags of the Southern Confederacy, not as
political symbols, but as emblems of a heroic epoch, honored banners for which
our forefathers fought and died.
e. To maintain a united front against doctrines subversive to the fundamental
principles set forth in the Bill of Rights which, as a part of the Federal
Constitution, guarantees freedom of speech and the press, together with all
other rights and privileges therein provided for the protection of political
minorities and of individual citizens.
f. To encourage and support true loyalty to the Constitution of the United
States of America.
Section 3. Discussions of matters that appertain to a political party, either
specific or implied, during meetings of the South Carolina Society, or any
of its subdivisions are strictly prohibited. Nothing in this Constitution,
however, shall be construed to abridge or prohibit the adoption or advocacy
of positions that are concerned with the general welfare of the United States
or its National security; nor to abridge or prohibit the expression of views
of the membership of the South Carolina Society in such matters by the adoption
of resolutions or by petitioning the Executive and Legislative Branches of
the government at any level; provided that there is no identification, specific
or implied, with any political party or any candidate for political office.
ARTICLE III
Organization
Section 1. The constituted and subordinate bodies of the South Carolina
Society shall be organizations known as Chapters. Each Chapter is to
have a name, as selected by the members thereof. Chapters are local
organizations of members and are the basic organized unit of representation
in the South Carolina Society.
ARTICLE IV
Membership and Eligibility
Section 1. Membership within the Society is restricted to all male
descendants, lineal or collateral, of those who served as officers
in the Confederate Army or Navy to the end of the war, or who died
in prison or while in actual service, or who were killed in battle
or who were honorably retired or discharged, and descendants of elected
or appointed officials. Descendants of the Legislative or Executive
branch of the Confederate national and state civil government shall
also be eligible for membership in the State Society. No member under
sixteen (16) years of age shall have the right to vote and further
provided no member shall be admitted less than twelve (12) years of
age.
Section 2. The term “collateral” as used in Section 1
hereof shall be defined as a legitimate relative by blood whose relationship
to an ancestor of the same generation in the applicant’s direct
line can be proven.
Section 3. Notwithstanding anything in this Article IV to the contrary,
applicants must be members in good standing in the General Society.
Continuing membership in the State Society depends upon continuing
membership in the General Society.
ARTICLE V
Society Officers
Section 1. At each Society Convention held in a year the date of
which is an even number, the Convention shall elect a Society Commander,
a Society Lieutenant Commander, and a Society Adjutant. These officers
shall be elected for a term of two years. The Society Commander and
the Society Lieutenant Commander may not succeed themselves in the
same office to which they are elected more than one additional term,
except as set forth in Section 2 of this Article.
Section 2. In the event of the death, resignation, or removal from
office of the Society Commander, the Society Lieutenant Commander shall
become the Society Commander. In such an event, the provisions of Section
1 of this article with relation to succession shall not apply and the
compatriot holding office as Society Commander may be elected to two
full terms as Society Commander by the Society Convention.
Section 3. In the event of a vacancy in the office of the Society
Lieutenant Commander for any reason other than the expiration of the
term of the incumbent, a Society Lieutenant Commander shall be elected
by the Society Executive Council to fill the remainder of the unexpired
term.
Section 4. All elected officers of the South Carolina Society shall
serve until adjournment of the Society Convention at which their terms
expire, and after their election shall discharge every function of
their offices and of the Society Convention.
Section 5. The Commander may divide the state into administrative
districts to be called Brigades, whenever the State Society's number
of chapters warrants such a division. Each Brigade shall then elect
a Brigade Commander to serve a two-year term for their Brigade. Brigade
Commanders shall serve on the Executive Council as voting members, and they shall
be counted for the purpose of establishing a quorum.
Section 6. The Society Commander shall appoint such other Society officers,
as he may deem expedient and necessary for the administration of the South
Carolina Society. Such officers shall serve at the pleasure of the Society
Commander, and their appointment shall expire at the time and date of the
expiration of office of the Society Commander who appointed them. The Society
Commander may remove any appointed officer at his discretion, for the betterment
of the Society. These appointed officers may be reappointed at the pleasure
of the succeeding Society Commander.
Section 7. Officers elected at Society Convention shall take office
immediately at the close of the Convention.
ARTICLE VI
Duties of Officers
Section 1. In addition to the duties specified in the following Sections
of this Article V, the State Society officers shall have such duties
as usually appertain to their offices and such other duties as may
be delegated to them by the State Convention or the State Society Commander.
Section 2. The State Society Commander shall be the executive head
of the State Society with full powers to enforce the provisions of
this Constitution and the will of the State Convention. He shall preside
as Chair at the State Convention and be chairman of the State Society
Executive Council and ex-officio member of all committees. He shall
be empowered to act for the good of the State Society as circumstances
in his judgment require in cases not provided for by the Constitution,
subject in all such decisions and acts to appeal to the State Convention.
Section 3. The State Society Lieutenant Commander shall seek in every
way to promote the interests and activities of the State Society, encourage
the enrollment of new members and act in the absence of the State Society
Commander on proper occasions, but at all times under his direction
and control.
Section 4. The State Society Adjutant shall be charged with the administration
of the policies and mandates of the State Convention, the State Society
Executive Council, and the State Society Commander. He shall keep a
record of all the proceedings of the State Conventions, standing committees
and the State Society Executive Council. He shall also have the care
and custody of all records and papers of the State Society Executive
Council and of all records and papers of the State Society and shall
issue the necessary orders under the State Society Commander. He shall
collect and be the custodian of the funds and property of the State
Society, shall sign all checks disbursing its funds and, with the approval
of the State Convention, shall invest and reinvest the same. He shall
make a report to each State Convention showing the work performed by
his office.
Section 5. The State Society Chief of Staff shall be responsible for
carrying out the orders of the State Society Commander, for supervising
the organization and proper functioning of the State Society, as well,
as coordinating the work of the Society Staff. He shall, under the
direction of the State Society Commander, issue general and special
orders and instructions as required. At each State Convention, he shall
make an annual report on the condition and functioning of the State
Society together with such recommendations, as he may deem proper.
Section 6. The State Society Genealogist shall examine and verify
all applications for membership within the Society. The Society Genealogist
shall then transmit all approved applications to the Genealogist General.
Section 7. The State Society Historian shall collect from year to
year all records and data of value and interest relating to the State
Society or its members and shall compile during his term of office
a complete record of the year’s State Society activities.
Section 8. The State Society Judge Advocate shall be a learned member
of the South Carolina bar and shall advise the State Society Officers
and Executive Council on all legal matters including the construction
and interpretation of this Constitution and shall act as parliamentarian
at State Conventions.
Section 9. The Society Chaplain should be a regularly ordained member
of the ministry and shall open and close all meetings of the State
Society with the services usual and proper on such occasions and perform
such divine and nonsectarian services as may be necessary in connection
with his office.
Section 10. The State Society Inspector shall have charge of all investigations
ordered for infractions of this Constitution or other State Society
rules and regulations by individual members, Chapters or Staff members.
All investigation of charges shall be initiated by the State Society
Commander.
Section 11. The State Society Quartermaster shall set standards and
establish the requirements for the accommodations of State Society
headquarters at the State Society Convention. He shall advise and consult
with the Commander of the host Chapter(s) with regard to the satisfactory
completion of the arrangements.
Section 12. The State Society Webmaster shall maintain the State Society
computer website and will consult with Society and Chapter officers
to maintain current information and forms on that website.
Section 13. The State Society Color Sergeant shall maintain in good
condition, the State Society Colors along with any other flags that
are placed in his charge. The Color Sergeant will see that the Society’s
Colors are present at all State Society sponsored events. He will also
see that the State Society Colors are presented at the South Carolina
Sons of Confederate Veterans, State Conventions.
ARTICLE VII
Nominations
Section 1. Prior to the business session of each State convention
at which officers are to be elected, the incumbent State Society Commander
shall appoint a Nominating Committee composed of five (5) members in
good standing. The Nominating Committee shall be chaired by a past
State Society Commander in good standing, with two (2) members being
chosen from the incumbent Executive Council members and two (2) members
from the State Society at large who are not incumbent Executive Council
members.
Section 2. If no past State Society Commander is available, the incumbent
State Society Commander may appoint any member in good standing of
the State Society to act as chairman of the Nominating Committee.
Section 3. The Nominating Committee shall interview all candidates
under consideration for the post of State Society Commander, Lieutenant
commander, and Adjutant. The Nominating Committee shall determine from
this conference the willingness and eligibility of the candidates to
serve. Each candidate shall present an affidavit from his Chapter Adjutant
that he is a member in good standing. Any nominee presented to the
Delegates at the State Convention as the choice of the Nominating Committee
must have received the vote of a majority of the members of the Nominating
Committee.
Section 4. Nominations from the floor can be taken for the election
of State Society Commander and Lieutenant Commander.
ARTICLE VIII
The Society Executive Council
Section 1. The State Society Executive Council shall advise and consult
with the State Society Commander as he may desire, have the duties
and authority provided in this Constitution and such other duties and
authority as the State Society Commander may direct (within the scope
of his own authority).
Section 2. The State Society Executive Council shall have the power
and authority to call a special State Convention, provided that thirty
(30) days notice stating the reasons for calling same is given to each
Chapter.
Section 3. The State Society Executive Council shall consist of the
Society Commander, the Lieutenant Commander, the Chief of Staff, the
Adjutant, the Judge Advocate, the Chapter Commanders, or the Chapter’s
Commander representative, and all Past Society Commanders. However,
only the two (2) Immediate Past Society Commanders shall be included
in the determination of what constitutes a quorum of the Executive
Council, and have a vote. A quorum will consist of 51% of the voting
members of the Executive Council.
Section 4. All questions effecting the election, eligibility, and
conduct of State Society and Chapter officers, except as otherwise
provided, shall be referred to, and determined by the General Executive
Council of the General Society.
Section 5. A majority of the voting members shall constitute a quorum
of the State Society Executive Council. Members may vote by mail at
the discretion of the State Society Commander; however, a vote by mail
may not be used to make up a quorum. Except as otherwise required by
this Constitution, all matters to be determined by the State Society
Executive Council shall be determined by a majority, of those voting,
provided those voting constitute a quorum.
Section 6. Society Executive Council meetings shall be held at least
twice per fiscal year.
Section 7. No member of the South Carolina Society, other than the
Commander will speak for or on behalf of the Society without the consent
of the Society Commander, or the Society Executive Council, or the
Society Convention.
ARTICLE IX
Committees
The State Society Commander shall as he deems advisable appoint all
Committees referred to in this Constitution and shall appoint such
other committees, as he may deem advisable. All committees shall present
a written report of their activities to the Society Commander thirty
(30) days prior to the Society Convention.
ARTICLE X
Chapters
Section 1. The State Society shall be divided into local units to
be known as Chapters, which shall consist of at least five members.
Application to form a Chapter shall be submitted to the State Society
Commander accompanied by a charter fee and dues for each member as
required. Upon approval, the State Society Commander shall forward
the application to the Adjutant General of the General Society for
final approval and issuance of the Chapter’s charter. In the
event that there are applications for membership to be included with
the Charter Application, the Genealogist General must first pass his
approval on the applicants.
Section 2. Each Chapter shall elect a Commander, a Lieutenant Commander,
and an Adjutant either during the months of November or December and
report those results to both the State and International Societies
prior to January of the following year. Additional officers may be
appointed by the Commander.
Section 3. Each Chapter shall have the power to adopt rules and regulations
for its own government, which shall not be in conflict with the Constitution
and Bylaws of the General Society, this Constitution, or any rules
and regulations duly enacted by the General Society or the State Convention.
Section 4. Each Chapter shall:
a. Notify immediately the Adjutant General of the General Society
and the State Society Adjutant of the election and appointment of all
Chapter officers.
b. Promptly notify the Chaplain General and Commander-in-Chief of the
General Society and the State Society Commander of the death of any
member.
c. Pay to the Adjutant General of the General Society and the State
Society Adjutant not later than the thirty-first (31st) day of December
of each year the annual dues of every member carried on the rolls levied
by the State Society, except that the dues of new members shall be
remitted within 10 days after the member joins the Chapter.
d. Submit the required annual reports and other data as specified in
this Constitution, as well as all reports specified in the Constitution
of the General Society.
e. Comply with all other duties that may be placed upon it in or pursuant
to the Constitution or Bylaws of the General Society or this Constitution.
Section 5. No Chapter shall take part or vote in the General Convention
of the General Society or the State Society Convention unless such
Chapter has paid the dues required by the General Society and the dues
required by the State Society.
Section 6. No Chapter shall be permitted to withdraw from the State
Society and continue its activities as a separate Chapter representing
The Military Order of the Stars and Bars.
ARTICLE XI
State Convention
Section 1. The legislative power of the State Society shall be the
State Convention.
a. The annual State Convention shall be held each year at a time and
place to be selected by majority vote of the annual State Convention
the year preceding the annual State Convention for which the time and
place is being determined.
b. In the event that the annual State Convention is unable or fails
to fix the time and place for the subsequent annual State Convention,
or it becomes necessary to change the time and place previously selected
for the annual State Convention, such decision or change may be made
by majority vote of the Executive Council with a quorum present.
c. Notice of each annual State Convention shall be sent to all Chapters
at least 30 days prior to the date it convenes.
Section 2. Special State Conventions may be called by the State Society
Executive Council or by a majority of all the Chapter Commanders, provided
in either case written notice stating the matters to be considered
is given to each Chapter and to each State Society Executive Council
member at least 30 days prior to the date the special State Convention
convenes.
ARTICLE XII
State Convention Delegates and Voting
Section 1. Chapters shall elect annually such delegates and alternates
to represent the Chapter at annual the Society conventions as may be
required, pursuant to such proportional representation covering such
delegates or alternates as may be provided for by the Constitution
and By-laws of the South Carolina Society.
The South Carolina Society does not permit full membership within
the South Carolina Society if a member is also a full member of another
State Society or another State Society Chapter. Members of the South Carolina Society are prohibited from holding full
Chapter membership in multiple South Carolina Society Chapters. South
Carolina Society members are allowed to hold Associate and Honorary
memberships in other State Societies and other Chapters.
In governing the tabulating of active membership within a South Carolina
Chapter or the South Carolina State Society for representation, no
member shall be counted who holds joint full membership in another
State Society. Honorary members of the South Carolina Society and Associate
members of South Carolina Society Chapters are excluded from tabulation
of members and are excluded from voting.
Members transferring from another Chapter or State Society cannot
serve as a representative delegate to a South Carolina Society convention
unless he has been a member of both a South Carolina Chapter, and
the South Carolina Society for a period of ninety (90) days prior
to the convention and has been officially demitted and admitted by
both the Chapter and State Society prior to the stated time period.
This will apply to both the South Carolina Society, as well as, representation
to the General Society convention on behalf of the South Carolina Society.
Section 2. In all questions submitted to the General Convention, the
Chair shall put the question for a voice vote. On motion of at least
one-third of the Delegates present and voting, each Delegate having
one vote, the Chapters shall be called in order, the number of votes
each is entitled to as stated and the vote on the question announced
by the Chairman of each Delegation. Election of officers may be conducted
by secret written ballot on motion of at least one-third of the Delegates
present and voting, each Delegate having one vote.
a. Each Chapter in roll call or ballot voting shall be entitled to
cast the number of votes equal to the number of delegates to which
it is entitled. In the event that all of the delegates to which the
Chapter is entitled are not in attendance, the number of votes, which
the Chapter is entitled to cast, shall be prorated among the Chapter’s
delegates present. If only one delegate is present, the delegate shall
be entitled to cast the total number of votes to which his Chapter
is entitled. If no Delegate from a Chapter is present for a vote, the
Chapter’s votes shall not be cast.
b. The State Society shall have two votes. The votes shall be cast
by the State Society Commander or his designee.
Section 3. In order for the State Convention to act, there must be
present at least a quorum. A quorum shall consist of Delegates who
are entitled to cast under Section 2 of this Article XII, totaling
at least one-third of the total number of votes that could be cast
under such Section if all Chapters were represented by Delegates present.
All matters to be decided by ballot voting shall be decided by a majority
vote (provided such a quorum is present), except as otherwise provided
in this Constitution.
Section 4. Each past State Society Commander and each incumbent State
Society Officer who is a member of the State Society Executive Council
shall be entitled to participate at the State Society Convention the
same as if he was a Delegate, provided he is then in good standing
in the State Society. In all matters to be decided by ballot voting
in the manner provided in Section 2 of this Article XII, each such
past State Society Commander, and each such incumbent South Carolina
Society Officer, who is present shall have one vote.
ARTICLE XIII
State Convention Resolutions and Amendments
Section 1. All resolutions adopted by the Society or Amendments to
this Constitution must be enacted by the South Carolina Society Convention.
Section 2. At each South Carolina Convention the State Society Adjutant
shall submit a Book of Resolutions for consideration. To be included
in the Book of Resolutions, a resolution must first be delivered in
typewritten form to the Adjutant at least 30 days prior to date on
which the State Convention convenes. The Adjutant shall send, in the
manner provided in Article XXVI of this Constitution, a copy of the
Book of Resolutions to each member of the State Society Executive Council
and to each Chapter, no later than 20 days before the date on which
the State Convention convenes.
Section 3. In order for a resolution or amendment to be considered
by the South Carolina Convention that has not been submitted to the
Adjutant for inclusion in the Book of Resolutions in the manner required
by Section 2 of this Article XIII, the resolution must first be submitted
in typewritten form to the State Society Adjutant prior to the State
Convention’s commencement of business, with a sufficient number
of copies thereof for every Delegate present at the State Convention.
To be considered, the resolution must then also be approved for submission
to the State Convention either by the State Convention Committee on
Resolutions and Reference, or by two-thirds of the votes cast by ballot
in the manner provided in Section 2 of Article XII in a vote at which
the quorum required by Section 3 of such Article is present.
Section 4. A written copy of each resolution or amendment shall be
given to the State Society Adjutant prior to or immediately following
the adoption of the resolution or the amendment at the South Carolina
Convention.
ARTICLE XIV
General Convention
Section 1. Chapters shall be represented at the annual General Convention
of the General Society by delegates chosen by the Chapter membership.
Each Chapter shall be granted one delegate for every five active members
or major fraction thereof in good standing in the Chapter, provided
however, that every Chapter in good standing shall be entitled to at
least two delegates.
Section 2. In all questions submitted to the General Convention, the
Chair shall put the question for a voice vote. On motion of at least
one-third of the Delegates present and voting, each Delegate having
one vote, the Chapters shall be called in order, the number of votes
each is entitled to as stated and the vote on the question announced
by the Chairman of each Delegation. Election of officers may be conducted
by secret written ballot on motion of at least one-third of the Delegates
present and voting, each Delegate having one vote.
a. Each Chapter in roll call or ballot voting shall be entitled to
cast the number of votes equal to the number of delegates to which
it is entitled. In the event that all of the delegates to which the
Chapter is entitled are not in attendance, the number of votes, which
the Chapter is entitled to cast, shall be prorated among the Chapter’s
delegates present. If only one delegate is present, the delegate shall
be entitled to cast the total number of votes to which his Chapter
is entitled.
c. The State Society shall have two votes. The votes shall be cast
by the State Society Commander or his designee.
ARTICLE XV
Annual Reports
Section 1. The Commander of each Chapter shall submit a report by
December 31st of each year (or if an earlier date is mandated by the
General Society for Chapter reports, then by such earlier date) to
the State Society Commander and to the General Headquarters, Commander
General and Chief of Staff of the General Society.
Section 2. Reports shall include a Chapter roster, a payment of General
Society and State Society dues, if same has not been previously remitted,
the names of members deceased or dropped from the Chapter rolls since
the date of the last report, and such further information as may be
required from time to time by the General Executive Council of the
General Society or the State Society Commander.
Section 3. The State Society Commander shall submit to the Army of
Northern Virginia Department Commander and to the General Headquarters
of the General Society by such date mandated by the General Society
(or in the absence of such mandate, by February 15 of each year) a
report providing such information as may be required from time to time
by the General Executive Council of the General Society. The State
Society Commander shall also submit by such date mandated by the General
Society (or in the absence of such mandate, by February 15 of each
year) a status report on the State Society to the General Headquarters,
the Commander General, and the Chief of Staff of the General Society.
ARTICLE XVI
Dues
Section 1. The revenue of the State Society shall be derived from
annual dues and from such other sources as may be approved by the State
Society Executive Council.
Section 2. The annual dues and life membership fees of the State Society
shall be set by the State Society Executive Council subject to change
by the State Convention. The State Society life membership fee, plus
any recording fee that may be required by the State Society Executive
Council shall accompany applications for State Society life membership.
If the applicant is not elected, his fee shall be returned.
ARTICLE XVII
Finance
Section 1. At a meeting of the South Carolina Society Executive Council
to be held within one month following each State Convention, a proposed
operating Budget shall be presented, considered and approved by the
State Society Executive Council, subject to such modifications as the
State Society Executive Council may deem appropriate.
Section 2. Once the operating Budget provided for in Section 1 of
this Article XVII has been adopted, any disbursement in excess of the
amount approved in the operating Budget for any line item shall be
required to be approved by the South Carolina Society Executive Council.
ARTICLE XVIII
Membership Applications
Section 1. Application for membership in the General Society and State
Society shall be made on forms provided by the Adjutant General of
the General Society. Such fees shall accompany the application as the
General Society and/or the State Society Executive Council may determine
on a general basis.
Section 2. a. Applications shall be made directly to the Chapter
in which the applicant is applying for membership.
b. Submission of all applications shall be in triplicate (3 originals),
which shall include all supporting documentation). The State Society
Genealogist will be sent all three sets of documents for verification
and approval. Upon approval the Society Genealogist will then submit
two originals and General Society fees to the Genealogist General.
The State Society Genealogist will submit the third set of original
documents and the State Society Dues to the State Society Adjutant.
The State Society Adjutant will maintain the third original application
and documentation for the State Society records.
c. All applications shall bear the signed endorsement of a member
in good standing of the General Society and the signature of the Adjutant
or Commander of the Chapter in which the applicant is applying for
membership.
d. Each membership application must be accompanied by separate application
fees, three (3) checks should be made payable to: 1. Chapter, 2.
State Society, and 3. the General Society.
e. Should an applicant elect to apply for a life membership he must
also submit a regular membership application to accompany the life
membership application.
f. Failure to follow these procedures will result in the applicant’s
paperwork being returned to the Chapter by the State Society and it
should not be resubmitted until all procedural matters have been rectified.
Section 3. The State Society Genealogist shall examine and verify
all applications for membership in the State Society. The State Society
Genealogist shall be a member in good standing of the State Society,
who is known by the State Society Commander to have access to a genealogical
library and to the Confederate service records of the State of South
Carolina. In cases where the applicant’s ancestor’s service
was from another State, the State Society Genealogist shall communicate
with and receive verification of the ancestor’s service from
the Society Genealogist of the State from which the applicant’s
ancestor served. The State Society Genealogist shall, after examination
and verification, transmit all applications, whether approved or referred
for further examination, to the Genealogist General of the General
Society. The State Society Genealogist will have a period of (no longer
than) thirty days in which to perform his duties.
Section 4. If the Society Genealogist denies the application, the
applicant can appeal his decision to the State Society Commander. The
State Society Commander will at the next meeting of the General Executive
Council, bring the application before them. The State Society Genealogist
will present his decision for denial of the application before this
body. The General Executive Council will vote either to accept or deny
the application. The vote of the General Executive Council will be
final.
Section 5. In order for an applicant to become a member of a Chapter
within the South Carolina Society, that Chapter must conduct a vote
of acceptance for that applicant. The applicant may not be present
during the actual voting procedure, and a two-thirds majority of the
members present is required for admission to that Chapter. That Chapter
then assumes responsibility for the honorable conduct of its new member,
should the proceedings outlined in Article XXI be required. This vote
must take place before an application is submitted to the Society Genealogist.
Section 6. An application to establish a supplemental lineage shall
be made on forms supplied for that purpose exclusively by the Adjutant
General of the General Society and shall be subject to the same standard
of proof and review as applications for new membership. The supplemental
application shall be accompanied by such fees as may be determined
by the General Society and/or the State Society Executive Council
on a general basis, which shall cover the costs of the supplemental
line certificate and processing of the application.
ARTICLE XIX
Headquarters
Section 1. The State Convention shall designate the permanent Headquarters
of the South Carolina Society. Until a permanent Headquarters is selected
by the State Convention, the Headquarters shall be the residence of
the South Carolina Society Commander.
Section 2. The Official archives and records of the South Carolina
Society shall be kept at Headquarters and may be open for the use and
inspection of any member at reasonable times upon reasonable advance
notice.
ARTICLE XX
Resignations
Section 1. Resignations from the State Society shall be submitted
in writing to the State Society Adjutant with duplicates copies sent
to the State Society Commander and to the applicable Chapter Commander.
Section 2. A member who shall have resigned may, upon application
to the General Society, be restored to membership in the South Carolina
Society by a majority of the members present and voting at a General
Convention of the General Society.
ARTICLE XXI
Forfeiture of Membership
Section 1. Any member may be expelled or suspended from the General
Society for cause, such cause being deemed sufficient by the General
Executive Council of the General Society by a three-fourths affirmative
vote of the members of the General Executive Council present at any
regular or special meeting. Cause for disciplinary action shall include,
but not be limited to (a) disloyalty; (b) neglect of duty; (c) dishonesty;
(d) conduct unbecoming a member of The Military Order or the Stars
and Bars; (e) an act repugnant to the Constitution of the General Society
or detrimental to the goals and objectives of the General Society.
Section 2. No vote on suspension or expulsion shall be taken until
at least 30-calendar days notice shall have been given the member.
All charges shall be stated in writing along with the time and place
of the meeting of the General Executive Council at which the charges
shall be considered. The notice shall be transmitted to the member
by registered mail.
Section 3. The member facing the charges shall be accorded a full
hearing before the General Executive Council. The General Executive
Council shall provide for a true and accurate recording of all proceedings
of such hearings.
Section 4. Charges against any member may be proffered by any member
in good standing. The charges shall be in writing and clearly state
the facts relied upon along with all affidavits or exhibits, which
are to be used in their support. Such charges shall be filed with the
Adjutant General of the General Society who will immediately notify
the Commander-in-Chief of the General Society. The Commander-in-Chief
shall appoint a committee of three members, one of whom shall be the
Inspector General of the General Society (or, alternatively, in the
case of charges having been brought against the Inspector General,
the Judge Advocate General of the General Society) who shall serve
as chairman and two members of the General Society. After proper and
thorough investigation of the charges by the committee, the concurrence
of two-thirds of the committee being necessary, the chairman shall
report in writing to the Commander-in-Chief either that the charges
should be dropped or that sufficient cause exists to have the charges
heard at a called meeting of the General Executive Council. In the
latter event, the Commander-in-Chief shall schedule a meeting of the
General Executive Council to hear the Charges.
Section 5. The Adjutant General shall give at least 30 days notice
of the meeting to each member of the General Executive Council and
to the plaintiff and the defendant. If the member charged is an officer,
all Chapter and Society Commanders will be notified of the hearing
at least thirty days prior to the meeting. All notices regarding the
meeting shall be in writing and shall include a true copy of the charges
and of the supporting affidavits and exhibits.
Section 6. Any member who has been suspended or expelled from the
General Society by the General Executive Council has the right to appeal
the decision to the next annual meeting of the General Convention the
decision of which is final.
Section 7. Any member expelled or suspended from the General Society
shall be deemed automatically also expelled or suspended from the South
Carolina Society. A member of the South Carolina Society may not otherwise
be expelled or suspended.
Section 8. Any member who is current with his National Society dues
yet delinquent in his State Society and/or Chapter dues shall be subject
to a transfer to Member-At-Large status. Thus removing any privileges
that he previously enjoyed as a dues paying member of the State Society.
ARTICLE XXII
Recall of Officers and Executive Council Members
Section 1. Any South Carolina Society officer may be removed from
office and any member of the South Carolina Society Executive Council
may be removed from such membership, by a vote of two—thirds
of the votes cast by ballot in the manner provided in Section 2 of
Article XII at a State Convention at which the quorum required by Section
4 of such Article is present for the vote. No vote on removal may be
taken unless the officer or member has been sent notice at least 30
days prior to the date of the vote. The notice shall specify the alleged
grounds for removal along with the time and place of the vote. At the
State Convention, the officer shall be given a full hearing before
the vote is taken.
Section 2. Nothing in this Article XXII shall be construed to limit
either the right of the State Society Commander to remove and/or replace
State Society officers (other than the Lieutenant Commander and Adjutant)
at will, or the right of each Chapter to remove and/or replace its
representative to the Executive Council at will.
ARTICLE XXIII
Seals and Insignia
Section 1. The South Carolina Society may adopt at State Convention
from time to time seals and insignia for use by the South Carolina
Society and its members.
Section 2. The flag of the South Carolina Society shall be the South
Carolina State flag with the seal of the Military Order of the Stars
and Bars, affixed with the designation, “South Carolina Society” in
white lettering.
Section 3. The use of the seals, insignia, diploma, or good name of
the South Carolina Society or General Society for business, advertising,
or political purposes is prohibited.
ARTICLE XXIV
Dissolution Clause
Section 1. In the event of Chapter dissolution, all of the residual
assets of the Chapter shall be turned over to the South Carolina State
Society, which is the officially recognized tax exempt organization
that is qualified to receive donations which are deductible by the
donor under Section 501(c) 3 of the Internal Revenue Code of 1954 (or
the corresponding provision of any future United States Internal Revenue
Law), as the State Society Officers shall be held accountable. Such
distribution shall be made after said Chapter has paid or had made
provision for the payment of all liabilities of the said Chapter and
the South Carolina State Society.
Section 2. Furthermore, it is the desire and intention of the South
Carolina State Society to function at all times as an organization,
which is approved for exemption from Federal income taxes and, which
is qualified to receive donations which are deductible by the donor
under Section 501(c) 3 of the Internal Revenue Code of 1954 (or the
corresponding provision of any future United States Internal Revenue
Law).
ARTICLE XXV
Rules of Order
Section 1. The rules contained in the then current edition of Robert’s
Rules of Order shall govern the State Society in the State Convention,
the State Society Executive Council meetings, Chapter meetings, committee
meetings, and in all other cases to which they are applicable, to the
extent they are not inconsistent with this Constitution and any special
rules the State Convention may adopt.
Section 2. At the State Convention and all other meetings, each State
Society member shall address one another as compatriot.
ARTICLE XXVI
Notices
Except as otherwise provided in this Constitution, all notices required
by this Constitution shall be sent by United States Postal Service
registered or certified mail, return receipt requested, postage prepaid,
and shall be deemed given, delivered, and received on the date of delivery
shown on the return receipt.
ARTICLE XXVII
Endowment Fund
Section 1. The State Convention may authorize an Endowment Fund, which
shall be under the direction of the South Carolina Society Adjutant.
Section 2. A portion not to exceed 50 percent of the earned interest
of the Endowment Fund annually shall be allocated annually to fund
award programs approved by the State Convention.
Section 3. The remaining 50 percent of the earned interest income,
plus any funds allocated as provided by Section 2 of this Article XXVII
but which are not disbursed by the end of the fiscal year, shall be
added to the principal amount of the Endowment Fund each year following
the close of the State Convention.
ARTICLE XXVIII
Amendments
No amendment shall be made to this Constitution except by affirmative
vote of two-thirds of the votes cast by ballot in the manner provided
in Section 2 of Article XIII of this Constitution at a State Convention
at which the quorum required by Section 4 of said Article XIII is present
for the vote. The amendment must first have been submitted to the State
Society Adjutant for inclusion in the Book of Resolutions in the manner
required by Section 2 of Article XIII of this Constitution.
3rd Review & Revision 8OCT2004 (JLP)
Amended 16OCT2004(EC Staff)
Revised 30OCT2004 (PCIC R. Brett Bradshaw)
Submitted to EC and Chapter Commanders 30OCT2004 electronically
Revised 31OCT04 (Chapter Cmdr. Steven L. Wolfe)
Submitted to EC and Chapter Commanders 01NOV04 electronically
Final submittal for review & comments to all Chapters effective
30JAN05
EC Reviewal & approval 19APR05 Columbia, SC
Issued for Society Review & Ratification 23APR05
Formally approved by Col James McCullough, Col Stephen Jackson, Gen.
Maxcy Gregg, & B/G Gabriel & Col George Rains Chapters. Battle
of Dingles Mill & Mathew C. ButlerChapters Non Reporting.
The following changes approved at the L-J Meeting 2Feb08.
Article I, Sec. 2. Principal office changes from Elm Springs, Columbia,
TN to “9086 Merritt Ln., Daphne, AL”.
Article X, Sec. 2.Inserted “prior to or during the month of November”.
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