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ARTICLE 34. Senate, judges of their own
elections. 35. Adjournments limited except
in impeachment cases. 36. Senate to elect their own offi
cers; quorum. 37. Senate to try impeachments;
mode of proceeding. 38. Judgment on impeachments
limited. 39. Chief justice to preside on im
peachment of governor.
ARTICLE 50. Power and duties of governor
as commander-in-chief; lim
itation. 51. Pardoning power. 52. Militia officers, removal of. 53. Staff and non-commissioned
officers, by whom appointed. 54. Division of militia into bri
gades, regiments, and com
panies. 55. Moneys drawn from treasury
only by warrant of governor
pursuant to law. 56. Accounts of military stores,
etc., to be rendered quar
terly. 57. Compensation of governor and
counci). 58. Salaries of judges.
EXECUTIVE POWER. - GOV
40. Title of governor. 41. Election of governor; return
of votes; electors; if no choice, legislature to elect one of two highest candidates; qualifications for gov
ernor. 42. In cases of disagreement, gov
ernor to adjourn or prorogue legislature; if infectious distemper or other cause exists, may convene them else
where. 43. Veto of governor to bills, pro
visions as to. 44. Resolves to be treated like
bills. 45. Governor and council to nom
inate and appoint officers; nomination three days be
fore appointment. 46. Governor and council have
negative on each other. 47. Field officers to recommend,
and governor to appoint,
company officers. 48. President of senate to act as
governor when office vacant; speaker of house to act when office of president
of senate also vacant. 49. Governor to prorogue or ad
journ legislature and call extra sessions.
59. Councilors, mode of election,
etc. 60. Vacancies, how filled if no
choice. 61. Occurring afterward ; new
election; governor to con
vene; duties. 62. Impeachment of councilors. 63. Secretary to record proceed.
ings of council. 64. Councilor districts provided
for. 65. Elections by legislature may
be adjourned from day to day; order thereof.
SECRETARY, TREASURER, COMMISSARY-GEN
66. Election of secretary, treas
urer, and commissary-gen
eral. 67. State records, where kept;
duty of secretary. 68. Secretary to give bond.
ARTICLE COUNTY TREASURERS, ETC. 70. County treasurers, registers of
probate, solicitors, sheriffs, and registers of deeds elect
ed. 71. Counties may be divided into
districts for registering deeds.
JUDICIARY POWER. 72. Tenure of office to be ex
pressed in commissions; judges to hold office during good behavior, etc.; remov.
able by address. 73. Judges to give opinions, when. 74. Justices of the peace commis
sioned for five years. 75. Divorces and probate appeals,
where tried. 76. Jurisdiction of justices in civil
causes. 77. Judges and sheriffs, when dis
qualified by age. 78. Judges and justices not to act
as counsel. 79. Jurisdiction and terms of pro
bate courts. 80. Judges and registers of probate
not to act as counsel.
83. Oath of civil officers. 84. Before whom taken. 85. Form of commissions. 86. Form of writs. 87. Form of indictments, etc. 88. Suicides and deodands. 89. Existing laws to continue in
force, if not repugnant to
constitution. 90. Habeas corpus. 91. Enacting style of statutes. 92. Governor and judges prohib
ited from holding other
offices. 93. Incompatibility of offices; only
two offices of profit to be
holden at same time. 94. Incompatibility of certain
offices. 95. Bribery and corruption dis
qualify for office. 96. Value of money, how com
puted. 97. Constitution, when to take
effect. 98. Revision of constitution pro
vided for. 99. Question on revision to be
taken every seven years. 100. Enrollment of constitution.
Note, showing when the different constitutions of the state and the constitutional amendments were adopted.
CLERKS OF COURTS. 81. Clerks of courts, by whom ap
pointed. ENCOURAGEMENT OF LIT
ERATURE, ETC. 82. Encouragement of literature,
BILL OF RIGHTS.
ARTICLE 18. All men are born equally free and independent; Equality of therefore, all government of right originates from the people, and object of
government. is founded in consent, and instituted for the general good. liii,212.lxv,113.
[Art.]?2d. All men have certain natural, essential, and in- Natural herent rights, among which are the enjoying and defending life liti, 9; 398. and liberty, acquiring, possessing, and protecting property, and, liv.10: 590. in a word, of seeking and obtaining happiness.
lxvii, 59. [Art.] 34. When men enter into a state of society, they Society, its surrender up some of their natural rights to that society, in and purposes.
liii, 9. order to insure the protection of others; and, without such an equivalent, the surrender is void.
[Art.] 4th. Among the natural rights, some are in their Rights of convery nature unalienable, because no equivalent can be given or alienable. received for them. Of this kind are the rights of conscience.
liii, 9. lix, 225. [Art.] 5th. Every individual has a natural and unalienable Religious
freedom right to worship God according to the dictates of his own con- recognized. science and reason; and no subject shall be hurt, molested, or lviii, 240. restrained, in his person, liberty, or estate, for worshiping God lix: 225. in the manner and season most agreeable to the dictates of his own conscience, or for his religious profession, sentiments, or persuasion, provided he doth not disturb the public peace or disturb others in their religious worship.
[Art.) 6th. As morality and piety, rightly grounded on Public worevangelical principles, will give the best and greatest security to Deity to be
encouraged. government, and will lay in the hearts of men the strongest dimi, g. obligations to due subjection, and as the knowledge of these is lxvi, 230. most likely to be propagated through a society by the institution of the public worship of the Deity and of public instruction in morality and religion, therefore to promote those important purposes, the people of this state have a right to empower, and do hereby fully empower, the legislature to authorize, from time
First inserted in this and following articles of Bill of Rights in
to time, the several towns, parishes, bodies corporate, or relig-
Protestant teachers of piety, religion, and morality.
no person of any one particular religious sect or denomination
quietly and as good subjects of the state, shall be equally under
contracts shall remain and be in the same state as if this con
stitution had not been made.
and independent state, and do, and forever hereafter shall,
accountable to them.
shall be hereditary, the abilities and integrity requisite in all
[Art.] 10th: Government being instituted for the common Right of revobenefit, protection, and security of the whole community, and (ii, 592. not for the private interest or emolument of any one man,
lxv, 113. family, or class of men, therefore, whenever the ends of government are perverted and public liberty manifestly endangered and all other means of redress are ineffectual, the people may, and of right ought to, reform the old or establish a new government. The doctrine of non-resistance against arbitrary power and oppression is absurd, slavish, and destructive of the good and happiness of mankind.
[Art.] ith. All elections ought to be free; and every in- Elections and habitant of the state, having the proper qualifications, has chise.
elective franequal right to elect and be elected into office.
lx, 385. [Art.] 12th. Every member of the community has a right Protection
and taxation to be protected by it in the enjoyment of his life, liberty, and reciprocal. property. He is, therefore, bound to contribute his share in erty for pubthe expense of such protection, and to yield his personal 1,120,130. ii, 22. service, when necessary, or an equivalent. But no part of a iii
, 534. iv, 568. man's property shall be taken from him or applied to public x, 369; xi, 19. uses without his own consent or that of the representative body 541. xxvii, 183. of the people. Nor are the inhabitants of this state con- xxxvi, 404. trollable by any other laws than those to which they or their li, 504. liv, 590. representative body have given their consent.260;480. 1x,219 ;346;522 \xi,631. lxii,66.
lix, 191; [Art.] 13th. No person who is conscientiously scrupulous lxv,113.
Conscienabout the lawfulness of bearing arms shall be compelled thereto, tiously scruprovided he will pay an equivalent.
compellable to bear arms. [Art.] 14th. Every subject of this state is entitled to a Legal remecertain remedy, by having recourse to the laws, for all injuries free, comhe may receive in his person, property, or character, to obtain plete, and
prompt. right and justice freely, without being obliged to purchase it ; XXV; 539, 540. completely and without any denial; promptly and without lxv, 113. delay; conformably to the laws.
[Art.] 15th. No subject shall be held to answer for any Accused encrime or offense until the same is fully and plainly, substantially and substan
tial statement and formally, described to him, or be compelled to accuse or of charge; not furnish evidence against himself. And every subject shall have obliged to fur