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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 81   View pdf image (33K)
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81
Art. 32. That the independency and up-
rightness of Judges are essential to the impar-
tial administration of justice, and a great
security to the rights and liberties of the peo-
ple; wherefore the Judges shall not be re-
moved, except for misbehavior on conviction
in a court, of law, or by the Governor, upon
the address of the General Assembly; pro-
vided, that two-thirds of all the members of
each House concur in such address. No Judge
shall hold any other office, civil or military.
or political trust or employment of any kind
whatsoever, under the Constitution or Laws
of this State, or of the United States, or any
of them, 'or receive fees or perquisites of any
kind for the discharge of his official duties.
Art. 33. That a long continuance in the
executive departments of power or trust is
dangerous to liberty; a rotation, therefore, in
those departments is one of the best securities
of permanent freedom.
Art. 34. 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 presents from any Foreign
Prince, or State, or from the United States,
or any of them, without the approbation of
this State.
Art. 35. 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 religious
liberty; wherefore, no person ought by any
law, to be molested in his person or estate, on
account of his religious persuasion or profes-
sion, 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 reli-
gious rights; nor ought any person to be
compelled to frequent or maintain or con-
tribute, unless on contract, to maintain any
place of worship or any ministry; nor shall
any person be deemed incompetent as a wit-
ness or juror, who believes in the existence of
a God, and that under his dispensation such
person will be held morally accountable for
his acts, and be rewarded or punished there-
for, either in this world or the world to come.
Art. 36. That no other test or qualifica-
tion ought to be required on admission to any
office of trust or profit, than such oath of
office as may be prescribed by this Constitu-
tion, or by the laws of the State, and a
declaration of belief in the Christian religion ;
and if the party shall profess to be a Jew, the
declaration shall be of his belief in a future
state of rewards and punishments.
Art. 37. That every gift, sale or devise of
land, to any minister, public teacher or
preacher of the Gospel, as such, or to any re-
ligious sect, order or denomination, or to or
for the support, use or benefit of, or in trust
for any minister, public teacher or preacher
of the Gospel as such, or any religious sect
order or denomination; and every gift or
sale of goods or chattels to go into succession,
or to take place after the death of the seller
or donor, to or for such support, use or ben-
efit; and also every devise of goods or chat-
tels, to or for the support, use or benefit of
any minister, public teacher or preacher of
the gospel, as such; or any religious sect,
order or denomination, without the leave of
the Legislature, shall be void; except always,
any sale, gift. lease or devise of any quantity
of land not exceeding five acres, for a church,
meeting house or other house of worship, or
parsonage, or for a burying ground, which
shall be improved, enjoyed or used only for
such purpose; or such sale, gift, lease or de-
vise shall be void.
Art. 38. That the manner of administering
an oath or affirmation to any person, ought
to be such as those of the religious persuasion,
profession or denomination, of which he is a
members generally esteem the most effectual
confirmation by the attestation of the Divine
Bing.
Art. 39. That the liberty of the press ought
to be inviolably preserved.
Art, 40. That monopolies are odious, con-
trary to the spirit of a free government and
the principles of commerce, and ought not to
be suffered.
Art. 41. That no title of nobility or hered-
itary honors ought to be granted in this
State.
Art. 42. That the Legislature ought to en-
courage the diffusion of knowledge and vir-
tue, the extension of a judicious system of
general education, the promotion of literature,
the arts, sciences, agriculture, commerce and
manufactures, and the general melioration of
the condition of the people.
Art. 43. This enumeration of rights shall
not be construed to impair or deny others re-
tained by the people.
Art. 44. That this Constitution shall not
be altered, changed or abolished except in the
manner therein prescribed and directed.
On motion of Mr. CUSHING,
The report was ordered to be printed upon
the Journal.
Mr. STOCKBRIDGE moved that it also be
printed in bill form.
The motion was agreed to.
Mr. CHAMBERS, from the minority of the
Committee submitted the following report,
which was read and ordered to be printed on
the Journal:
The undersigned, members of the Com-
mittee to consider and report upon the Decla-
ration of Rights, not concurring with the
majority of the Committee in all of the pro-
positions they may submit, beg leave to
report:
That with regard to the proposed fourth
Article of the Declaration of Rights, as reported
by the majority, they are of opinion that how-


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 81   View pdf image (33K)
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