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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 631   View pdf image (33K)
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CONSTITUTIONAL REVISION STUDY DOCUMENTS [DECLARATION OF RIGHTS] COMPARISON
Headnotes Present
Constitution
Constitution of
1867
Constitution of
1864
Constitution of
1851
Constitution of
1776
Amendments to
1776 Constitution

Prohibition of
monopolies

Art. 41. That monopolies
are odious, contrary to the
spirit of a free government
and the principles of com-
merce, and ought not to be
suffered.

Art. 41. That monopolies
are odious, contrary to the
spirit of a free government
and the principles of com-
merce, and ought not to be
suffered.

Art. 41. That monopolies
are odious, contrary to the
spirit of a free government
and the principles of com-
merce, and ought not to be
suffered.

Art. 39. That monopolies
are odious, contrary to the
spirit of a free government
and the principles of com-
merce, and ought not to be
suffered.

39. That monopolies are
odious, contrary to the spirit
of a free government, and
the principles of commerce
and ought not to be suffered.

 
 

Prohibition of
titles and he-
reditary honors.

Art. 42. That no title of
nobility or hereditary honors
ought not to be granted in
this State.

Art. 42. That no title of
nobility or hereditary honors
ought to be granted in this
State.

Art. 42. That no title of
nobility or hereditary honors
ought to be granted in this
State.

Art. 40. That no title of
nobility or hereditary honors
ought to be granted in this
State.

40. That no title of nobil-
ity or hereditary honours
ought to be granted in this
State.

 
 

Encouragement
of education,
science, the
arts, commerce
and manufac-
turing:. Assess-
ment of farm
land.

Art. 43. That the Legis-
lature ought to encourage
the diffusion of knowledge
and virtue, the extension of
a judicious system of general
education, the promotion • of
literature, the arts, sciences,
agriculture, commerce and
manufactures, and the gen-
eral melioration of the con-
dition of the People. The
Legislature may provide that
land actively devoted to farm
or agricultural use shall be
assessed on the basis of such
use and shall not be assessed
as if subdivided.

Art. 43. That the Legis-
lature ought to encourage
the diffusion of knowledge
and virtue, the extension of
a judicious system of general
education, the promotion of
literature, the arts, sciences,
agriculture, commerce and
manufactures, and the gene-
ral melioration of the condi-
tion of the People.

Art. 43. That the Legis-
lature ought to encourage
the diffusion of knowledge
and virtue, the extension of
a judicious system of general
education, the promotion of
literature, the arts, sciences,
agriculture, commerce and
manufactures, and the gen-
eral melioration of the con-
dition of the people.

Art. 41. That the Legisla-
ture ought to encourage the
diffusion of knowledge and
virtue, the promotion of lit-
erature, the arts, sciences,
agriculture, commerce and
manufactures, and the gen-
eral melioration of the con-
dition of the people.

 
 

 
 

Applicability of
Constitution
during both
war and peace.

Art. 44. That the pro-
visions of the Constitution
of the United States, and
of this State, apply, as well
in time of war, as in time
of peace; and any departure
therefrom, or violation there-
of, under the plea of neces-
sity, pr any other plea, is
subversive of good Govern-
ment, and tends to anarchy
and despotism.

Art. 44. That the provi-
sions of the Constitution of
the United States, and of
this State, apply, as well in
time of war, as in time of
peace; and any departure
therefrom, or violation there-
of, under the plea of neces-
sity, or any other plea, is
subversive of good Govern-
ment, and tends to anarchy
and despotism.

 
 

 
 

 
 

 
 

Enumeration of
Rights not to be
construed a.3 de-
nial of other
rights.

Art. 45. This enumeration
of Rights shall not be con-
strued to impair or deny oth-
ers retained by the People.

Art. 45. This enumera-
tion of Rights shall not be
construed to impair or deny
others retained by the Peo-
pie.

Art. 44. This enumeration
of rights shall not be con-
strued to impair or deny
others retained by the peo-
ple.

Art. 42. This enumeration
of rights shall not be con-
strued to impair or deny
others retained by the peo-
ple.

 
 

 
 

Subsisting law.

 
 

 
 

 
 

 
 

41. That the subsisting
resolves of this and the sev-
eral Conventions held for
this colony ought to be in

 
 

630

 
 

 
 

 
 

 
 

 
 

631

 

 
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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 631   View pdf image (33K)
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