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word "law" the words "in time of peace. " Rejected.
Articles 32, 33 and 34 were read and passed over with-
out amendment.
Article 35 was read, as follows:
"That no person ought to hold at the same time more
than one office of profit created by the constitution or
laws of this State; nor ought any person in public trust
to receive any present from any foreign prince or State,
or from the United States, or any of them, without the
approbation of this State. "
Mr. Wallace moved to strike out the words "ought to, "
where they occur, and insert "shall. "
Mr. Wallace said that there was now on file in the
office of the Comptroller an opinion of the Attorney Gen-
eral that the words "ought to" in this clause were not
mandatory, and in accordance with this opinion, he un-
derstood that the Comptroller had paid the salaries of two
offices to one person. The amendment was offered to pre-
vent any such misconstruction of this clause.
Mr. Carter said it was well known that judicial inter-
pretation had given to the words "ought to" a manda-
tory significance, and if the Attorney General had de-
cided otherwise, in the face of this, the fault rests with
him.
The amendment was then adopted.
Article 36 was read, as follows:
"That, as it is the duty of every man to worship God
in such manner as he thinks most acceptable to Him, all
persons are equally entitled to protection in their re-
ligious liberty, wherefore no person ought, by any law,
to be molested in his person or estate on account of his
religious persuasion or profession, or for his religious
practice, unless, under the color of religion, any man shall
disturb the good order, peace or safety of the State, or
shall infringe the laws of morality, or injure others in
their natural, civil or religious rights; nor ought any per-
son to be compelled to frequent or maintain or contribute,
unless on contract, to maintain any place of worship or
any ministry; nor shall any person be deemed incompe-
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