網頁圖片
PDF
ePub 版

ENCOURAGEMENT OF LITERATURE, &c. KNOWLEDGE and learning, generally diffused through a community, being effential to the prefervation of a free government and spreading the opportunities and advantages of education through the various parts of the country, being highly conducive to promote this end; it fhall be the duty of the Legiflators and Magiftrates, in all future periods of this government, to cherish the intereft of literature and the fciences, and all feminaries and public fchools, to encourage private and public inftitutions, rewards and immunities for the promotion of agriculture, arts, fciences, commerce, trades, manufactures, and natural hiftory of the country; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, induftry and economy, honefty and punctuality, fincerity, fobriety, and all focial affections, and generous fentiments, among the people.

OATH and Subfcriptions; Exclufion from Offices: Commissi ons; Writs; Confirmation of Laws; Habeas Corpus; the Enacting Stile; Continuance of Officers; Provifion for a future Revifion of the Conftitution,

c.

ANY perfon chofen Governor, Councillor, Senator, or Reprefentative, military or civil officer, (town officers excepted; accepting the truft, fhall before he proceeds to execute the duties of his office, make and subscribe the following declaration, viz.

I, A. B. do folemnly fwear, that I will bear faith and true allegiance to the ftate of New-Hampshire, and will support the Conftitution thereof. So help me God.

I, A. B. do folemnly and fincerely fwear and affirm, that I will faithfully and impartially discharge and perform all the duties incumbent on me as according to the best of my abilities, agreeably to the rules and regulations of this Conftitution, and the laws of the ftate of New-Hampshire. So help me God.

Any perfon having taken and fubfcribed the oath of allegiance, and the fame being filed in the Secretary's office, he fhall not be obliged to take faid oath again.

Provided always, When any perfon chofen or appointed as aforefaid, fhall be of the denomination called Quakers, or

D

fhall be fcrupulous of fwearing, and fhall decline taking the faid oaths, fuch fhall take and fubfcribe them, omitting the word wear and likewife the words So help me God, fubjoining inftead thereof, This I do under the pains and penalties of perjury.

And the oaths or affirmations fhall be taken and fubfcribed by the Governor, before the Prefident of the Senate, in prefence of both Houfes of the Legiflature, and by the Senators and Representatives firft elected under this Conftitution, as altered and amended, before the President of the State, and a majority of the Council then in office, and forever afterwards before the Governor and Council for the time being; and by all other officers, before fuch perfons, and in fuch manner, as the Legiflature fhall from time to time appoint.

All commiffions fhall be in the name of the State of NewHampshire, figned by the Governor, and attefted by the Secretary or his Deputy, and fhall have the great feal of the State affixed thereto.

All writs iffuing out of the Clerk's office in any of the Courts of Law, fhall be in the name of the State of NewHampshire; fhall be under the feal of the Court whence they iffue, and bear teft of the chief, first, or senior Juftice of the Court; but when fuch Juftice fhall be interested, then the writ fhall bear teft of fome other Juftice of the Court, to which the fame fhall be returnable; and be figned by the Clerk of fuch Court.

All indictments, prefentments, and informations, fhall conclude against the peace and dignity of the State.

The eftate of fuch perfons as may deftroy their own lives, fhall not for that offence be forfeited, but defcend or afcend in the fame manner, as if such persons had died in a natural way. Nor fhall any article, which fhall accidentally occafion the death of any perfon, be henceforth deemed a deodand, in any wife forfeited on account of fuch misfortune.

or

All the laws which have heretofore been adopted, ufed, and approved, in the Province, Colony, or State of NewHampshire, and ufually practifed on in the Courts of Law, fhall remain and be in full force, until altered and repealed by the Legislature: fuch parts thereof only excepted, as are repugnant to the rights and liberties contained in this Conftitution: Provided that nothing herein contained, when

compared with the 23d Article in the Bill of Rights, fhall be conft rued to affect the laws already made respecting the perfons, or eftates, of abfentees.

The privilege and benefit of the Habeas Corpus, fhall be enjoyed in this State, in the most free, eafy, cheap, expeditious and ample manner, and shall not be fufpended by the Legislature, except upon the most urgent and preffing occafions, and for a time not exceeding three months.

The enacting ftile in making and paffing acts, ftatutes, and laws, fhall be-Be it enacted by the Senate and House of Repre fentatives, in General Court convened.

No Governor, or Judge of the Supreme Judicial Court, fhall hold any office or place under the authority of this State, except fuch as by this Conftitution they are admitted to hold, faving that the Judges of the faid Court may hold the offices of Juftice of the Peace throughout the State; nor fhall they hold any place or office, or receive any penfion or falary, from any other state, government, or power, whatever.

No perfon fhall be capable of exercising, at the fame time. more than one of the following offices within this State, viz. Judge of Probate, Sheriff, Regifter of Deeds; and never more than two offices of profit, which may be held by ap pointment of the Governor, or Governor and Council, or Senate and Houfe of Reprefentatives, or Superior or Inferior Courts, military offices, and offices of Juftices of the Peace, excepted,

No perfon holding the office of Judge of any Court, (except Special Judges) Secretary, Treafurer of the State, Attorney-General, Commiffary-General, military officers receiving pay from the continent or this State, (excepting officers of the militia, occafionally called forth on an emergency) Register of Deeds, Sheriff, or officers of the cuftoms, including naval officers, collectors of excife, and ftate and continental taxes, here after appointed, and not having fettled their accounts with the refpective officers with whom it it their duty to fettle fuch accounts, members of Congrefs, or any perfon holding any office under the United States, fhall at the fame time hold the office of Governor, or have a feat in the Senate, or House of Reprefentatives, or Council; but his being chofen and appointed to, and accepting the fame, fhall operate as a refignation of their feat in the chair, Senate, or

Houfe of Reprefentatives, or Council: and the place fo va cated fhall be filled up. No member of the Council fhall have a feat in the Senate or Houfe of Reprefentatives.

No perfon fhall ever be admitted to hold a feat in the Legiflature, or any office of truft or importance under this government, who, in the due courfe of law, has been convicted of bribery or corruption, in obtaining an election or appointment.

In all cafes where fums of money are mentioned in this Conftitution, the value thereof fhall be computed in filver at fix fhillings and eight pence per ounce.

To the end that there may be no failure of juftice, or dan. ger to the State, by the alterations and amendments made in the Conftitution, the General Court is hereby fully authorifed and directed to fix the time when the alterations and amendments shall take effect, and make the neceffary arrangements accordingly.

It fhall be the duty of the Selectmen, and affeffors, of the feveral towns and places in this State, in warning the firft annual meeting for the choice of Senators, after the expiration of feven years from the adoption of this Conftitution, as amended, to infert exprefsly in the warrant, this purpose, among the others for the meeting, to wit, to take the fenfe of the qualified voters on the subject of a revifion of the Conftitution; and the meeting being warned accordingly, and not otherwife, the Moderator fhall take the fenfe of the qualified voters present, as to the neceffity of a revifion; and a return of the number of votes for and against fuch neceffity, shall be made by the Clerk, fealed up, and directed to the General Court, at their then next feffion; and if it fhall appear to the General Court by fuch return, that the fenfe of the people of the State has been taken, and that, in the opinion of the majority of the qualified voters in the State, prefent and voting at faid meetings, there is a neceffity for a revifion of the Conftitution, it shall be the duty of the General Court to call a Convention for that purpose, otherwife the General Court shall direct the fenfe of the people to be taken, and then proceed in the manner before mentioned. The delegates to be chofen in the fame manner, and proportioned, as the Reprefentatives to the General Court; provided that no alterations shall be made in this Conftitution, before the fame fhall be laid before

the towns and unincorporated places, and approved by twothirds of the qualified voters prefent and voting on the subject.

And the fame method of taking the fenfe of the people, as to a revifion of the Conftitution, and calling a Convention for that purpose, fhall be obferved afterwards at the expirati on of every feven years.

This form of government shall be enrolled on parchment, and deposited in the Secretary's office, and be a part of the laws of the land; and printed copies thereof fhall be prefixed to the books containing the laws of this State, in all future editions thereof.

JOHN PICKERING, Prefident, P. T.

Atteft, JOHN CALFE, Secretary.

MASSACHUSETTS.

Conftitution or Frame of Government, agreed upon by the Delegates of the People of the State of Maffachusetts Bay, in Convention, begun and held at Cambridge, on the first of September, 1779, and continued by adjournments, to the fecond of March, 1780.

PREAMBLE.

"HE end of the inftitution, maintenance and adminiftra

THE

body politic, to protect it, and to furnish the individuals, whe compofe it, with the power of enjoying, in safety and tranquillity, their natural rights, and the bleffings of life and whenever these great objects are not obtained, the people have a right to alter the Government, and to take measures, neceffary for their fafety, profperity and happiness.

The body politic is formed by a voluntary affociation of individuals. It is a focial compact, by which the whole peo.. ple covenants with each citizen, and each citizen with the whole people, that all shall be governed by certain lawe for the common good. It is the duty of the people, therefore, in

« 上一頁繼續 »